Local Government Law

Government departments can make certain regulations, rules and by-laws through delegated legislation. Various government bodies may enact laws relevant to the subject matter prescribed, and within the scope conferred, by the specific law.

Local governments are responsible for prosecuting offences under a range of different legislation, such as building regulations, planning and environmental regulations, the Environment Protection Act, and the Domestic Animals Act.

Local councils are responsible for town planning and infrastructure within their demographic area, managing resources, recreational facilities and services such as waste collection.

Building Regulations

Any building or plumbing work carried out to a property must comply with the Building Act 1993 (Vic), as well as the relevant regulations. The Building Act requires that works are not carried out unless a building permit has been issued. There are significant penalties that apply where a person or company contravenes this requirement.

Planning & Environment Act

The Planning and Environment Act 1987 provides a framework for the use, development and protection of land in Victoria. Under this legislation, local councils can issue a planning infringement notice where the development or use of land does not comply with a scheme. An infringement notice may, along with a fine, require some steps to be taken by the recipient, including modifying or removing a development, or minimising adverse impacts of a development. Generally, if a person receives an infringement notice, they can either:

• Pay the penalty and comply with any requirements by the due date;
• Apply for an extension or to pay the penalty by instalments;
• Have the matter determined by the Magistrate’s Court; or
• Apply for a review of the internal decision to serve the notice.

Environment Protection

Environmental protection legislation outlines protections and obligations of people within Victoria relating to environmental protection and human health. The legislation establishes a system of criminal and civil penalties, as well as compensation orders, to deal with offences under the Act. Offences include littering, with the fine determined by the volume disposed of as well as whether the offender is a company or individual, as well as motor vehicle infringements for noisy vehicles. Some of the fines are substantial, and many offences are disputed in court.

Domestic Animals Act

Pet ownership, particularly of dogs and cats, comes with a number of responsibilities. Under the Domestic Animals Act 1994, all dogs and cats over 3 months old must be registered with the Local Council and failure to do so may attract a penalty. To register a pet, the animal must also be implanted with a microchip to allow permanent identification. It is also necessary that a dog or cat has been microchipped before it is sold, or given away, unless it is in a pound or shelter. Dogs and cats must have the council-issued registration tag fastened to their collar whenever they are outside of their owner’s property. If dogs or cats are found “at large”, their owners will likely be issued a fine.

Local government representation

We have an extensive practice in local government law and represent many local and rural municipalities for a range of matters including prosecutions and enforcement proceedings for breaches of the Building Act, Domestic Animals Act, Planning and Environment Act and Environment Protection Act.

We regularly appear in the Magistrates’ Court, County Court, Supreme Court and Victorian Civil and Administrative Tribunal and can assist with a range of compliance and related local government issues including:

• interpreting and advising on legislation and local laws;
• advising on changes to a municipality’s local law;
• advising on department guidelines and procedures;
• reviewing and drafting policies and procedures to ensure compliance and manage risk.

If you need assistance, contact one of our lawyers at lawyers@elliottstafford.com.au or call 03 9486 7555 for a no-obligation discussion and for expert legal advice.