Council’s current local laws were made under the Local Government Act 1989. As Local Governments are now governed and operate under the Local Government Act 2020, we proposed updates to our local laws to align with the new Act in late 2023.

The proposed changes were mostly technical and would have limited impact on the community.

Summary of proposed changes to the Activities Local Law

• an update to penalty units including penalty units for infringement notices
• a technical change to ensure the current restrictions in respect to e-cigarettes apply to smoking; and
• miscellaneous other technical changes (e.g. updating reference to Metropolitan Fire Brigade to Fire Rescue Victoria).

Summary of proposed changes to the Environment Local Law

• an update to penalty units; and
• miscellaneous technical changes (e.g. directing people to the corporate website instead of Town Hall to access key policy and planning documents)

The objective and intended effect of the proposed Activities Local Law 2023 is to provide for the peace, order and good government of the City of Melbourne, in a manner that:

a. meets the local law requirements in the Act as it:

• is not inconsistent with any Act (or regulations), including the Charter of Human Rights and Responsibilities Act 2006
• neither duplicates or is inconsistent with the Melbourne Planning Scheme
• promotes a physical and social environment free from hazards to health, in which the residents of and visitors to the municipality can enjoy a quality of life that meets the general expectations of the community
• is consistent with the film friendly principles in the Filming Approval Act 2014
• does not exceed the power to make local laws conferred by and is consistent with the objectives of the Act or any other authorising Act
• is expressed as clearly and unambiguously as is reasonably possible
• does not seek to have retrospective effect or impose a tax or imprisonment
• only seeks to impose a fee, fine or other penalty and authorise the sub-delegation of powers delegated under it, where there is clear and express power to do so under the Act

b. controls noise, behaviour, liquor consumption, animals, smoking and vaping, spruiking, busking, advertising sign, works and obstructions on roads, street trading, the use of toy vehicles and other activities

c. supports greening of and biodiversity within the municipality and protects the use of public places and controls activities in or near them

d. provides for safety in public places

e. regulates and manages the legitimate display of street art, in or within view from, a public place so as to facilitate a vibrant urban culture

f. provides for, controls and manages the use of premises and vehicles in particular circumstances

g. regulates the number and manner of keeping of animals

h. controls, prevents and abates nuisances.

The proposed Local Law will also revoke the Activities Local Law 2019 made under the Local Government Act 1989.

The objective and intended effect of the proposed new Environment Local Law 2023 is to provide for the peace, order and good government of the City of Melbourne in a manner that:

a. meets the local law requirements in the Act as it:

• is not inconsistent with any Act (or regulations), including the Charter of Human Rights and Responsibilities Act 2006
• neither duplicates or is inconsistent with the Melbourne Planning Scheme
• promotes a physical and social environment free from hazards to health, in which the residents of and visitors to the municipality can enjoy a quality of life that meets the general expectations of the community
• is consistent with the film friendly principles in the Filming Approval Act 2014
• does not exceed the power to make local laws conferred by and is consistent with the objectives of the Act or any other authorising Act
• is expressed as clearly and unambiguously as is reasonably possible
• does not seek to have retrospective effect or impose a tax or imprisonment
• only seeks to impose a fee, fine or other penalty and authorise the sub-delegation of powers delegated under it, where there is clear and express power to do so under the Act

b. controls, protects and conserves the environment

c. controls, protects and maintains the amenity of the municipality

d. provides standards and conditions for certain activities in relation to the physical and visual environment within the municipality

e. adopts, applies and ensures compliance with the Council’s Environment Management Plan.

The proposed Local Law will also revoke the Environment Local Law made under the Local Government Act 1989.