Local Law Review

Download Draft Local Law 

Council will consider the proposed Community Local Law 2021 and any amendments at its meeting on 22 November 2021. Submissions are now closed and an engagement report has been presented to Council.

In September, Council deferred consideration of the proposed Community Local Law 2021 to its November meeting to provide time for further consideration of the submissions received from the community and other matters of clarification. 

Council’s current Community Local Law will no longer be in effect from 20 December 2021. We must have a replacement Local Law in place by then.

HRCC has undertaken a review of Community Local Law 2011.

Submissions are now closed. An engagement report will be prepared and presented to Council.

Local laws are the rules for safe and fair use of spaces and to manage things that might be a nuisance.

Local laws are about noise, fire and smoke, alcohol in public places, how many pets we keep and how we share public places to name a few.

Submissions closed at 5pm on Monday 2 August, 2021.

Changes by category

Roads

Council has to manage–

  • traffic on Council roads in a manner that enhances the safe and efficient operation of roads
  • other uses in a manner which minimises any adverse effect on the safe and efficient operation of the road and on the environment.

The current local law says do not obstruct or cause a hazard to users of the road. The proposed local law says this more plainly by giving examples of things that are adverse to the safe and efficient operation of the road and footpath for vehicles and pedestrians.

The current local law requires permits for certain activities that may affect the safe and efficient operation of the road. The proposed local law includes a new activity - mobile billboard. A mobile billboard is an advertising sign that is not an integral part of the motor vehicle on which it is displayed and this includes an advertising sign on a trailer.

Nuisance

The current local law has several clauses about: nuisance noise; dust, grit, ashes, fumes and smoke that are dangerous to health or offensive; and things that must not be burnt. This has been simplified in the proposed local law by using a concise new definition of local nuisance. The shorter and simpler approach is about more efficient and effective management of nuisances so as to protect and improve the amenity of the municipal district.

New noise laws apply across Victoria from 1 July 2021. Because Council is a waterway manager for–

  • Green Lake
  • Lake Natimuk
  • Lake Toolondo
  • the Wimmera River within the boundaries of Horsham Rural City,

the proposed local law regulates noise from activities on vessels so everyone can enjoy these places.

New environmental laws apply across Victoria from 1 July 2021. The new laws apply to the municipal waste and the stormwater management functions of Council. The new laws also apply to air quality. This means the proposed local law–

  • incorporates a document called the Solid Waste Code, to be amended from time to time so that Council can comply with the municipal waste laws
  • protects kerb and channel, other Council drains and stormwater quality
  • prohibits incinerators in the urban area (the urban area has either or both buildings/ street lights, not over 100 metres apart, for 500 metres or the length of the whole road).

To address community expectations of neighbourhood amenity the proposed local law says–

  • vehicles in excess of 4.5 tonnes cannot be garaged, serviced or repaired on land in the residential zones (this includes the Low Density Residential Zone)
  • freight containers that are not covered by building permit or planning approvals cannot be kept in the urban area and require a permit outside of the urban area.

 

Council Managed Land

Government land is an important asset for all Victorians. It supports the delivery of essential government services, protects sites of environmental and cultural value and provides opportunities for community and recreational uses. Council is a manager of government land so the proposed local law includes an objective for protection, fair use and enjoyment of this land.

The current local law requires permits for various activities. This does not change in the proposed local law. The permit process is about the information Council needs to prevent damage to and sharing of community assets. New activities for which a permit may be required under the proposed local law include commercial filming, commercial photography and privately run fitness classes in parks. The proposed local law like the current local law provides for waivers and exemptions from the requirement to have a permit or to pay a fee. Fees are set in the annual budget process of Council, a process that includes community engagement.

So we can all continue to enjoy public open space without damage to natural areas the proposed local law says motor vehicles are to stay on the track. Also, the fair use and enjoyment objective of the proposed local law allows for places for quiet and places free from intrusion. This means the proposed local law says a recreational vehicle with an auxiliary motor and model aeroplanes (including drones) need their own spaces away from the general public.

The proposed local law does not change regulation of alcohol in a municipal place, Council will continue to regulate liquor in unsealed containers in parts of the municipal district. This means Council officers and police can ask for containers to be resealed or disposed of.

Horsham Aerodrome is under the control of Council. The proposed local law does not change the current local law requirements for the aerodrome movement area.

 

Animals

The current local law limits on the keeping of animals have been simplified in the proposed local law.

The current local law limits lists dogs, cats, livestock, rodents or reptiles, domestic bird, poultry but not roosters, rooster, and pigeon. The current local law uses land sizes, land uses and planning scheme zones to say how many animals you can keep.

The proposed local law says in the urban area you can keep 4 pets and 5 chickens (not roosters) provided you comply with the square metre area provided in the codes for these animals under the Prevention of Cruelty to Animals Act 1986 or the Domestic Animals Act 1994 (or any replacements). For example one cat, two dogs, 2 caged birds up to 30cm in length and 5 chickens in the urban area which has either or both buildings or street lights, not over 100 metres apart, for 500 metres or the length of the whole road.

Unless you already have some other type of animal keeping approval or authority, the proposed local law says in the urban area you need a permit to keep–

  • more than 2 cats
  • more than 2 dogs
  • more than 5 chickens
  • more than 2 caged birds up to 30cm in length
  • more than 4 pets and 5 chickens.

A pet is a dog or cat over 3 months and anything like caged birds up to 30cm length, guinea pigs, mice, rabbits or reptiles usually sold in a pet shop. The Code of Practice for the Housing of Caged Birds is published by the Victorian Government. 2 caged birds up to 30cm in length is counted as one pet. You can have more of the smaller birds and the Code of Practice tells you how to calculate this by cage size.

You cannot keep free flying pigeons in the urban area.

The current local law says you cannot keep livestock (including a horse) on 0.4 hectares or less. To protect and improve the amenity of the municipal district the proposed local law says–

  • you cannot keep livestock (including a horse) in the urban area
  • unless otherwise approved or authorised (for example in the Farming Zone under the Horsham Planning Scheme) outside the urban area you can keep 2 horses on 4 hectares.