2013 Local Law 4 - kingston.vic.gov.au · FORESHORE RESERVES LOCAL LAW 4 ... provide for the...

CITY OF KINGSTON LOCAL LAW NO. 4 ____________________________________________________________________

[5171862: 4322610v1] City of Kingston Local Laws

FORESHORE RESERVES LOCAL LAW 4 PART 1 - PRELIMINARY PROVISIONS

Title

1 This Local Law may be cited as the Foreshore Reserves Local Law (Local Law No. 4 of 2005).

Objectives

2 The purpose of this Local Law is to:

(a) provide for the peace order and good government of the municipal district; and

(b) provide for the administration of the Council's powers and functions; and

(c) allow and protect the quiet enjoyment by people of the Foreshore Reserve and the Foreshore Reserve Extension; and

(d) control and prohibit behaviour in the Foreshore Reserve and the Foreshore Reserve Extension which is a nuisance, or which may be detrimental to health and safety or which affects the enjoyment of recreational and other facilities; and

(e) provide for the protection of the Foreshore Reserve and the Foreshore Reserve Extension; and

(f) provide for equitable access to and enjoyable use of the Foreshore Reserve and the Foreshore Reserve Extension in respect of the whole community and to regulate such access and use so that it does not in any case cause nuisance or unreasonable interference to others; and

(g) regulate the use of the Foreshore Reserve and the Foreshore Reserve Extension by animals and vehicles.

Authority to Make the Local Law

3 This Local Law is made pursuant to section 111 of the Act.

Commencement Date

4 This Local Law comes into operation on the day after notice of its making is published in the Government Gazette.

Revocation of Earlier Local Law

5 Foreshore Reserve Local Law (Local Law No.4 of 2001) is hereby revoked.



Revocation Date

6 Unless sooner revoked, this Local Law ceases to operate on the tenth anniversary of its making.

Application of the Local Law

7 Unless otherwise stated, this Local Law applies at all times throughout the entire Reserve.

Definition of Words used in this Local Law

8 Unless inconsistent with the context, in this Local Law the following words are defined to mean:

“Act” means the Local Government Act 1989.

“Authorised Officer” means a person appointed under section 224 of the Act, and may include -

(a) staff of the Council; and

(b) a person appointed in writing as a member of the Committee of Management of the Reserve; and

(c) a member of the Victoria Police.

“camp” includes:

(a) to erect, occupy or use any tent, caravan or vehicle or any temporary makeshift or similar structure for the purpose of accommodation; or

(b) to park, occupy or use any caravan or other moveable form of accommodation.

“Chief Executive Officer” has the meaning ascribed to it by the Act.

“the Council” means Kingston City Council.

“Council land” means all land owned, leased, managed or occupied by the Council, and includes land vested in the Council.

“Environmental Health Officer” means any Environmental Health Officer appointed by the Council including the Chief Environmental Health Officer.

“Foreshore Reserve” means the area in the municipal district known as the Chelsea Foreshore Reserve as described in the Lands Department correspondence Rs.5000 marked A/17.11.20, and the Mentone and Mordialloc Beach Park as described in Lands Department Correspondence Rs.1819 and Plan marked M/24.11.75.



“Foreshore Reserve Extension” means the area of foreshore between the high-water mark corresponding to the boundary of the Foreshore Reserve and the low water mark from time to time generally westward of that high-water mark.

“horse” includes any stallion, mare, gelding, rig, pony, colt, foal or mule or any other animal used for burden or draft or for carrying persons.

“land” has the meaning ascribed to it by the Interpretation of Legislation Act 1984.

“liquor” means a beverage intended for human consumption with an alcoholic content greater than 0.5 per centum by volume at a temperature of 20 degrees celsius.

“municipal district” means the area from time to time comprising the municipal district of the Council.

“notice to comply” means a notice to comply issued under this Local Law.

“offence” means an offence against or breach of a provision of this Local Law or a breach of a permit, notice or direction issued under it.

“penalty” means the maximum fine that may be imposed by a court of appropriate jurisdiction.

“penalty unit” has the meaning ascribed to it by section 110 of the Sentencing Act 1991.

“permit” means a permit issued in writing in accordance with or under the provisions of this Local Law.

“Reserve” means the Foreshore Reserve and the Foreshore Reserve Extension.

“Schedule” means a Schedule which is appended to and forms part of this Local Law.

“Senior Officer” has the meaning ascribed to it by the Act.

"service authority" means a state or Federal Government authority which is a supplier of community power, communications or other services and is capable of being bound by this Local Law.

“toy vehicle” means a vehicle designed to be propelled by human power and includes a tricycle, scooter, skateboard, roller blades, roller skates and the like.

“unlawful game” has the same meaning as in section 2.3.1 of the Gambling Regulations Act 2003, in which, at the time of this Local Law is made, the following games are declared to be unlawful games:

(a) the Chinese game of fan-tan or any similar game; and



(b) the game known as two-up or any similar game; and

(c) the game known as hazard or any similar game; and

(d) the game known as baccarat or any similar game; and

(e) the game known as dinah-minah or minah-dinah or any similar game; and

(f) the game known as faro or any similar game; and

(g) the game known as roulette or any similar game; and

(h) the game known as skill-ball or any similar game; and

(j) any game in which the chances are not equally favourable to all the players including among the players the banker or other person by whom the game is managed or against whom the other players stake play or bet; and

(k) any game with cards or other instruments of gaming wherefrom any person derives a percentage or share of the amount or amounts wagered; and

(l) the using or conducting of a totalisator.

“vehicle” means a conveyance designed to be propelled or drawn by any means and includes any motor car, motorcycle, bicycle, cart, trailer or watercraft and where the context permits an animal ridden or driven.

Notes: Unless the contrary intention appears:

Words in the singular include the plural and words in the plural include the singular.

Words, the meaning of which is defined in clause 8 of this Local Law or elsewhere in it, appear in bold type in the text.



PART 2 - USE AND PROTECTION OF THE RESERVE

Access to the Reserve

9

(1) The Reserve must be open to the public at all times except as determined otherwise by the Council.

(2) The Council may by resolution set aside days and times upon which charges or entrance fees may be made for the use of specified parts of the Reserve.

(3) The Council may grant permission to use any part of the Reserve on such terms and conditions as it deems fit.

(4) The Council may from time to time, in consultation with Committees of Management / Advisory Committees (where applicable), resolve that specified parts of the Reserve be withdrawn from use as part of the Reserve.

(5) If designated and signposted entry points are provided to any section of the Reserve, a person must not gain access to the Reserve other than through those entry points.

Penalty: Five (5) Penalty Units

(6) The Council may from time to time, under section 26 of the Domestic (Feral and Nuisance) Animals Act 1994, resolve that at all times or at specified times, dogs are prohibited from entry to any part of the Reserve, or must be under control by means of a chain, cord or leash.

Use of the Reserve

10 Except in accordance with a permit, including the payment of any relevant fee, a person must not in or upon any part of the Reserve:

(a) ride, drive or otherwise use any recreational or motorised vehicle except in an area designed for that purpose; or

(b) conduct or celebrate any wedding; or

(c) organise, hold or attend any rally, procession, demonstration or other public gathering; or

(d) conduct, organise or participate in any competitive sport; or

(e) engage in, play or practise cricket, football, bowls, tennis, lacrosse, golf, archery or any like games that may interfere with the use and enjoyment of the Reserve or any part thereof by any other person; or



(f) sell, expose or offer for sale any article of food or drink or any other article or operate or cause to be operated any amusement for which a charge is made or make a collection of money for any purpose; or

(g) ride or drive any horse or motor car, motorcycle, recreation vehicle or other vehicle, or any toy vehicle or bicycle. This sub-clause does not apply to:

(i) the parking of any motor car, motorcycle, bicycle or other vehicle in any parking area set aside for that purpose by the Council; or

(ii) the wheeling of bicycles, prams, wheelchairs, child or baby carriages and children’s toys; or

(iii) the riding of a bicycle or other toy vehicle in such a manner that does not interfere with the use or enjoyment of the part thereof by any other person, unless where the Council may specifically resolve to the contrary; or

(iv) any Authorised Officer or member of the Council's staff acting in the course of his or her duties; or

(v) or any roadway designated by Council resolution; or

(h) fly or permit to be flown any model aeroplane or kite to the annoyance of any other person; or

(i) offer for hire any article, commodity, service or thing; or

(j) hand out, distribute, erect, leave, set-up or display any handbills, placards, notices, pamphlets, books, papers, advertising matter or similar; or

(k) solicit or collect money or orders for goods or services; or

(l) being a person other than an Authorised Officer or member of the Council's staff or a member of any relevant Management Committee, interfere with any plots or fenced areas which are set aside for the planting or growing of plants.


Behaviour

11 A person must not, other than in accordance with the conditions of a permit, in or upon any part of the Reserve:

(a) commit any nuisance; or

(b) act to endanger any person (including themselves); or



(c) act to interfere with the quiet enjoyment of the area by any person; or

(d) damage, destroy or interfere with any part of the Reserve (including any structure, building or part thereof, seat, flora or fauna); or

(e) act contrary to any sign; or

(f) walk on natural resource areas, flower beds or borders, climb trees, or enter any prohibited areas as defined by the Council from time to time; or

(g) get on or climb over any fence or gate; or

(h) write on, disfigure or post bills or advertising material; or

(i) roll or throw any stone or missile; or

(j) spit, expectorate, urinate or defecate upon or otherwise foul any part of the Reserve; or

(k) play any unlawful game or make any wager for money or carry on any form of gambling or by disorderly, unseemly or indecent conduct or otherwise interfere with the comfort or enjoyment of other persons in or on the Reserve; or

(l) interfere with, obstruct or in any way hinder or interrupt any Authorised Officer or member of the Council's staff in the course of their duties; or

(m) remove or take from the Reserve any gravel, stone, shell, shell grit, sand, soil or loam; or

(n) dig any substantial hole or make any excavation on any part of the Reserve; or

(o) possess or use any diving stand, apparatus or similar structure; or

(p) pull, drag, draw or place any boat on, across, along or over any vegetation or any fences, plots or vegetation in the Reserve; or

(q) moor and/or use, place or leave any boat; or

(r) move or convey any boat across or in the Reserve except if the person has a permit to occupy a boathouse on the Reserve; or

(s) remain at any time when lawfully directed to leave the Reserve by an Authorised Officer or a member of the Council's staff; or

(t) act contrary to any lawful direction of any member of Council staff or any Authorised Officer including any direction to leave the Reserve; or



(u) construct any fence, building or built pathway.


Permits

12 In determining whether to grant a permit to use the Reserve for a purpose designated in clause 10 or 11, the Council must take into account:

(a) the nature of the proposed use; and

(b) the likely hazard (if any) caused by the proposed use; and

(c) the impact of the proposed use on the amenity of the adjoining area; and

(d) the protection of any Council assets in the vicinity; and

(e) any other matter including any insurance or indemnity requirements relevant to the circumstances of the application.

Camping

13 A person must not camp in any part of the Reserve.


Animals in or on the Reserve

14

(1) A person who unleashes a dog in a designated area of the Reserve must keep the dog under effective control.


(2) A person must not cause or permit any horse or animal belonging to that person or in respect of which he or she is in charge to be brought into, enter or remain on any part of the Reserve, other than an area or areas designated by resolution of the Council and the erection of signs.


(3) Any horse or other animal found in the Reserve contrary to this Local Law may be seized and impounded by an Authorised Officer in the manner specified in clause 37 of this Local Law.

Enclosures

15 A person must not, except where and in accordance with any conditions authorised by the Council, enter any area in the Reserve enclosed for



plantation of young trees, shrubs, marrum grass, grass plots, dune restoration or for the growth or preservation of native flora.


Fires

16 A person must not, without a permit, light, cause to be lit or remain alight any fire on any part of the Reserve.

Penalty: Ten (10) Penalty Units

Beach Umbrellas

17 A person must not use in any part of the Reserve a beach umbrella or similar device for shade or protection unless it is securely anchored by means adequate to ensure that it does not endanger any person or property.


Stranded Vehicles

18

(1) An Authorised Officer may remove or cause to be removed any vehicle causing an obstruction or parked, stranded or left within the Reserve provided that the removal of the vehicle:

(a) is agreed to by its owner or driver; or

(b) is reasonable having regard to the obstruction being caused and the means readily available to remove that obstruction.

(2) Any vehicle left within the Reserve for a continuous period exceeding 24 hours may be removed by the Council and impounded.

(3) A person must not park any vehicle on a Reserve so as to cause an obstruction to any other vehicle or persons nor otherwise than in a parking area designated for the parking of such a vehicle.


Bathing Boxes and Boathouses

19

(1) A person must not use or permit to be used:

(a) any bathing box in the Reserve for any purpose other than passive recreation, dressing, undressing, and the storage of bathing suits and beach accessories; or



(b) any boat house or fishing box in the Reserve for any purpose other than:

(i) a purpose mentioned in sub-clause (a); or

(ii) the storage of boats and fishing gear.


(2) Every person granted permission to occupy any site on the Reserve must pay the Council the fees prescribed from time to time.

(3) The Council may remove from the Reserve any bathing box, boathouse, fishing box or other building in the event of non-payment of fees or for any other reason deemed sufficient in accordance with sub-clause (6).

(4) The Council may allow the transfer of any permit, but no person must sublet any site or structure in or on the Reserve.


(5) The renewal of any permit is at all times at the discretion of the Council.

(6) Other reasons sufficient for removal from the Reserve of any bathing box, boathouse, fishing box or other building include:

(a) failure to comply with any notice to comply in respect of rectifying any structural defect, dangerous state, unsightliness, regular or periodic use for purposes other than those permitted under sub-clause (1); and

(b) any prolonged disuse or termination of a lease, licence or permit; and

(c) any program of removal agreed to by the Council for reasons of addressing tidal effects, beach stabilisation, erosion or other purposes; and

(d) any directions by any Coastal Management or other Government Agency.

General Powers

20 The Council may:

(1) provide and maintain conveniences, facilities and amenities of any description in any part of the Reserve or arrange for the provision and maintenance thereof and may from time to time determine or vary the conditions of entry or use thereof; and



(2) make such arrangements as it deems necessary or desirable for or in connection with the proper and efficient management of the Reserve or any portion thereof.



PART 3 - PERMITS, FEES AND DELEGATIONS

Permits

21

(1) A person who wishes to apply for a permit may do so by:

(a) lodging with the Council an application in the form or to the effect of Schedule 4; and

(b) paying to the Council the appropriate application fee.

(2) The Council may require an applicant to provide additional information before dealing with an application for a permit.

(3) The Council may require a person making an application for a permit to give public notice which will entitle any person to make a submission and to be heard about it.

Fees

22

(1) The Council may by resolution, from time to time, determine fees for the purposes of this Local Law.

(2) In determining any fees and charges the Council may establish a system or structure of fees and charges, including a minimum or maximum fee or charge, if it considers it is appropriate to do so.

Issue of Permits

23

(1) The Council may:

(a) issue a permit, with or without conditions; or

(b) refuse to issue a permit.

Duration of Permits

24

(1) A permit is in force until the expiry date indicated on the permit, unless it is cancelled before the expiry date.

(2) If no expiry date is indicated on the permit, the permit expires on 30 June next after the day on which it is issued.



Conditional Permits

25

(1) A permit may be subject to conditions which the Council considers to be appropriate in the circumstances including:

(a) the payment of a fee or charge; and

(b) a time limit to be applied either specifying the duration, commencement or completion date; and

(c) the happening of an event; and

(d) the rectification, remedying or restoration of a situation or circumstance; and

(e) where the applicant is not the owner of the subject property, the consent of the owner; and

(f) the granting of some other permit or authorisation; and

(g) any other matter considered relevant to a particular application.

(2) The conditions of a permit must be set out in the permit.

(3) The Council may, during the currency of a permit, alter the conditions of a permit if it considers it to be appropriate to do so, after providing the permit holder with an opportunity to make comment on the proposed alteration.

(4) A person who undertakes an activity for which the Council has issued a permit must comply with the conditions of the permit.


Cancellation of a Permit

26

(1) The Council may cancel a permit if it considers that:

(a) there has been a serious or ongoing breach of the conditions of the permit; or

(b) a notice to comply has been issued, but not complied with within the time specified in the notice to comply; or

(c) there was a significant error or misrepresentation in the application for the permit; or

(d) in the circumstances, the permit should be cancelled.



(2) Before it cancels a permit, the Council must, if it is practicable to do so, provide to the permit holder an opportunity to make comment on the proposed cancellation.

(3) If a permit holder is not the owner of the subject land and the owner’s consent was required to be given to the application for the permit, the owner must be notified of any notice to comply and of the reason why it has been served.

Correction of Permits

27

(1) The Council may correct a permit in relation to:

(a) a clerical mistake or an error arising from any accident, slip or omission; or

(b) an evident material miscalculation or an evident material mistake of description of a person, thing or property.

(2) The Council must notify a permit holder in writing of any correction.

Registers

28

(1) The Council must maintain a register of permits, including details of corrections and cancellations.

(2) The Council must maintain a register of determinations made, and of guidelines prepared, for the purposes of this Local Law.

Service Authorities

29

(1) A service authority or a person employed by or acting on behalf of a service authority is not required to obtain a permit in respect of work which is for the purposes of the service authority.

(2) A person who would, but for this clause, be required to obtain a permit in respect of any activity must notify the Council of the activity prior to its commencement.

Exemptions

30

(1) The Council may by written notice exempt any person or class of persons from the requirement to obtain a permit, either generally or at specified times.



(2) The Council may require an applicant to provide additional information before dealing with an application for an exemption.

(3) An exemption from the requirement to obtain a permit may be granted subject to conditions.

(4) A person must comply with the conditions of an exemption from the requirement to obtain a permit.

Penalty: Two (2) Penalty Units

(5) An exemption from the requirement to obtain a permit may be cancelled or corrected as it were a permit.

Offences

31 A person who makes a false representation or declaration (whether oral or in writing), or who omits relevant information, in an application for a permit is guilty of an offence.

Penalty: Ten (10) Penalty Units

Delegation

32

(1) In accordance with section 114 of the Act, the Council delegates to :

(a) the Chief Executive Officer and to each Senior Officer and to any person for the time being acting for such persons all the powers, discretions and authorities of the Council under this Local Law including the powers, discretions and authority to issue or refuse permits, fix conditions and durations relevant to such permits, cancel permits, require additional information, apply guidelines or policies of the Council, to waive the need for any permit, to waive, fix or reduce fees or charges or to do any act, matter or thing necessary or incidental to the exercise of any function or power of the Council; and

(b) an Environmental Health Officer and to any person for the time being acting for that person the power to issue or refuse permits and apply conditions, exercise discretions and require additional information.



PART 4 - ENFORCEMENT

Power of Authorised Officers to Direct - Notice to Comply

33 An Authorised Officer may, by serving a notice to comply in the form or to the effect of Schedule 5, direct a person who appears to be in breach of this Local Law to remedy any situation which constitutes a breach under this Local Law.

Time to Comply

34

(1) A notice to comply must state the time and date by which the situation must be remedied.

(2) The time required by a notice to comply must be reasonable in the circumstances having regard to:

(a) the amount of work involved; and

(b) the degree of difficulty; and

(c) the availability of necessary materials or other necessary items; and

(d) climatic conditions; and

(e) the degree of risk or potential risk; and

(f) any other relevant factor.

Failure to Comply with a Notice to Comply

35 A person who fails to comply with a notice to comply served on that person is guilty of an offence.


Power of Authorised Officer to Act in Urgent Circumstances

36

(1) In urgent circumstances arising as a result of a failure to comply with this Local Law, an Authorised Officer may take action to remove, remedy or rectify a situation without first serving a notice to comply if:

(a) the Authorised Officer considers the circumstances or situation to be sufficiently urgent and that the time involved or difficulties associated with the serving of a notice to comply may place a person, animal, property or thing at risk or in danger; and



(b) wherever practicable, a Senior Officer is given prior notice of the proposed action.

(2) In deciding whether circumstances are urgent, an Authorised Officer must take into consideration, to the extent relevant:

(a) whether it is practicable to contact:

(i) the person by whose default, permission or sufferance the situation has arisen; or

(ii) the owner or the occupier of the premises or property affected; and

(b) whether there is an urgent risk or threat to public health, public safety, the environment or animal welfare.

(3) The action taken by an Authorised Officer under sub-clause (1) must not extend beyond what is necessary to cause the immediate abatement of or minimise the risk or danger involved.

(4) An Authorised Officer who takes action under sub-clause (1) must ensure that as soon as practicable:

(a) details of the circumstances and remedying action are forwarded to the person on whose behalf the action was taken; and

(b) a report of the action taken is submitted to the Chief Executive Officer.

Power of Authorised Officer to Impound

37

(1) An Authorised Officer may seize and/or impound any vehicle or item which is found where there has been a contravention of this Local Law.

(2) If an Authorised Officer has seized or impounded anything in accordance with this Local Law, the Council may refuse to release it until the appropriate fee or charge for its release has been paid to the Council.

(3) The Council may, by resolution, fix charges (generally or specifically) for the purposes of this clause.

(4) As soon as possible after the seizure or impounding and where practicable to do so, the Authorised Officer must serve written notice on the owner or person responsible for the item which has been seized or impounded setting out the fees and charges payable and time by which the item must be retrieved.

(5) If after the time required in a notice of seizure or impounding seized or impounded item is not retrieved, an Authorised Officer may take action



to dispose of the seized orimpounded item according to the following principles:

(a) where the item has no saleable value, it may be disposed of in the most economical way; and

(b) where the item has some saleable value the item may be disposed of either by tender, public auction or private sale but failing sale may be treated as in paragraph (a).

(6) When the identity or whereabouts of the owner or person responsible for the seized or impounded item is unknown, the Authorised Officer must take reasonable steps to ascertain the identity or whereabouts of that person and may proceed to dispose of the seized or impounded item in accordance with sub-clause (4) once he or she is satisfied that all reasonable efforts have been made to contact the owner or person responsible for the seized or impounded item.

(7) Any proceeds from the disposal of seized or impounded items under this Local Law must be paid to the owner or to the person who, in the opinion of the Council, appears to be authorised to receive the money except for the reasonable costs incurred by the Council in the administration of this Local Law.

(8) If a person described in sub-clause (6) cannot be identified or located within six months after the date of the notice of seizure or impounding, any proceeds of the sale cease to be payable to that person, and may be retained by the Council for municipal purposes.

(9) Sub-clauses (2) – (8) inclusive do not apply to the seizure or impounding of any item where the nature of the item seized or impounded is such that it would be impracticable to return the item to:

(a) the person from whom it was seized or impounded; or

(b) the owner.

(10) Where sub-clause (9) applies, the seized or impounded item may be sold, destroyed or given away.

Offences

38

(1) A person who –

(a) contravenes or fails to comply with any provision under this Local Law; or

(b) contravenes or fails to comply with any condition contained in a permit issued under this Local Law; or



(c) contravenes or fails to comply with a notice to comply within the time specified in the notice to comply -

is guilty of an offence and is liable to:

(d) the penalty stated under a provision, or, if no penalty is stated, a penalty not exceeding $500 for a first offence; and

(e) a further penalty of $200 for each day after conviction during which the contravention continues; and

(f) upon conviction for a second or subsequent offence, double the penalty stated under a provision or $2,000, whichever is the lesser, or, if no penalty is stated, a penalty not exceeding $2,000.

(2) As an alternative to prosecution for an offence, a person may be served with an infringement notice.

Infringement Notices

39

(1) The fixed penalty in respect of an infringement notice is the amount set out in Schedule 1.

(2) An Authorised Officer may issue an infringement notice in the form of the notice in Schedule 2.

Payment of Penalty

40

(1) A person issued with an infringement notice may pay the penalty indicated to the Chief Executive Officer, Kingston City Council, Council Offices (Wherever located from time to time).

(2) To avoid prosecution, the penalty indicated must be paid within 28 days after the day on which the infringement notice is issued.

(3) A person issued with an infringement notice is entitled to disregard the infringement notice and defend the prosecution in court.



KINGSTON CITY COUNCIL LOCAL LAW 4 - SCHEDULE 1

INFRINGEMENT NOTICE PENALTIES FOR OFFENCES AGAINST THIS LOCAL LAW

Clause Offence Unit 9 Offences concerning access to the Reserve 2 10 Offences concerning the improper use of the Reserve 2 11 Offences concerning improper behaviour on the Reserve 2 13 Camping on the Reserve 2 14 (1) Offences concerning animals on the Reserve 1 (2) Horses 2 15 Unauthorised entry to enclosures on the Reserve 2 16 Lighting or Permitting to remain alight fires on the Reserve 2 17 Offences concerning beach umbrellas 2 18(3) Offences concerning Vehicles on the Reserve 2 19(1) Offences concerning use of Bathing Boxes, Boat houses or Fishing Box 2 19(4) Sub-letting of a site or structure on the Reserve 2 25(4) Failure to comply with any condition of a Permit 2 30(4) Failure to comply with any condition of an exemption 2 31 False representation or omission in application for Permit or exemption 2 35 Failure to comply with a notice to comply 2



KINGSTON CITY COUNCIL LOCAL LAW 4

SCHEDULE 2 CITY OF KINGSTON No. 00000 Maximum Penalty Notice Date of Notice Traffic [ ] Parking [ ] Litter [ ] E.P.A. [ ] Local Laws [ ] Recreation Vehicle [ ] Marine Act [ ] OTHER [ [ Family Name (or Company) Given Names Address Licence/Works Approval/Permit No. Vehicle/Boat Reg No. State: Type: Your Offence Maximum Penalty Code $ Time Street am pm Date Place / / Information about the Offence You are entitled to disregard this Notice and defend the Prosecution for the Offence in Court

BY POST Within 28 DAYS send this notice and a cheque or money order for the FULL AMOUNT (not part payments) to: P.O. Box

HOW TO PAY THE MAXIMUM PENALTY IN PERSON Within 28 DAYS take this notice and your payment for the FULL AMOUNT to: Municipal Office Kingston City Council 9.00am - 4.00pm Mon – Frid

NOTE: CHEQUES or MONEY ORDERS should be marked “NOT NEGOTIABLE” and made out to: City of Kingston

IF PAYMENT IS NOT RECEIVED WITHIN 28 DAYS, COSTS WILL BE ADDED AND THE MATTER WILL BE TAKEN TO COURT. (FOR DETAILS READ THE OTHER SIDE OF THIS NOTICE) Signature of Issuing Officer Name Office Address



KINGSTON CITY COUNCIL LOCAL LAW 4 - SCHEDULE 3

NOTICE OF IMPOUNDING

TO: ....................................................... OF: .......................................................

The following item(s) has/have been impounded in accordance with the

provisions of Local Law 4 of the City of Kingston. ............................................................................................................... ............................................................................................................... (Description of item(s) impounded) You may collect the item(s) by attending at the at the Municipal Offices

between the hours of and to see and by payment of the following:

............................................................................................................... ............................................................................................................... ............................................................................................................... (Details of all fees and charges) TOTAL $............... If you fail to collect the items(s) and pay the required fees and charges by ...........................(date) the Authorised Officer will proceed to dispose of the

items in accordance with the provisions of the Local Laws of the Kingston City Council.

DATE: ...................................... ............................................. Signature of Authorised Officer PHONE NUMBER: ....................... ............................................. Name of Authorised Officer



SCHEDULE 4 – APPLICATION FOR PERMIT



SCHEDULE 5 – NOTICE TO COMPLY To: Name: ........................................................................................... Address: ........................................................................................... ........................................................................................... You have, in the opinion of the Kingston City Council (the Council) or an Authorised Officer of the Council, committed a breach of clause ............. of the Council's Local Law No. 4 by ................................................................................................................................... To remedy the breach you must do the following, within .......... days from the date of this Notice: ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... You should contact ..................................................................................................... at the Municipal Office, ................................................................................. between the hours of ................................... for any further information about this Notice. If you fail to comply with this Notice you will be guilty of an offence and liable to a penalty of $500 and the Council will carry out any required work, for the cost of which, in addition to the above penalty, you will liable. The amount outstanding, if not paid as required, will be recorded as owing in respect of the property and noted on any land information certificate which is issued. Date .......................................................... Name of Authorised Officer: .................................................................................... Telephone no: .......................................... Signature of Authorised Officer: .............................................................................. Note: If this Notice relates to a contravention of a permit and you do not comply with the Notice, the permit may be cancelled. If you do not wish to have the permit cancelled you should comply with the directions in this Notice or show cause to the Council in writing why the permit should not be cancelled.



Council resolved to give notice of its intention to adopt this Local Law on 25 July

2005, and resolved to adopt the Local Law on 24 October 2005.

Notices of the proposal to make and of the making of this Local Law were included in

the Victorian Government Gazette dated 15 September 2005 and 3 November 2005.

The Public Notice of the proposal to make and confirmation of the making of this

Local Law was given in local newspapers on 3 August 2005 and 2 November 2005. CERTIFICATION OF LOCAL LAW No. 4. This is to certify the above is a true copy of the Local Law of the Kingston City

Council and that the legislative requirements necessary to giving validity to such

Local Law have been fulfilled. And we further certify that such Local Law came into

force on 3 November 2005.

The Common Seal of the City of Kingston was hereby affixed in the presence of: Councillor Chief Executive Officer

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