Sunday, September 6, 2009


The council is currently reviewing the local laws for revision and this is your chance to review these laws which directly affect you and have an input. These laws were last reviewed and approved in 2005.

Believe it or not there are only 6 local laws to review.

Local Law # 1: Council

Local Law #2: Environment

Local Law #3: Municipal Places

Local Law #4: Municipal Libraries

Local Law #5: Streets and roads

Local Law #6: Consumption of Liquor and Behaviour in Public Places

Whilst the Local law may look rather simple on the surface, it is in the policies supporting these laws where you will find the "devil in the details": So, it is best to review specific policies to see what is really going on.

I will be posting a section on each local law as i review them and you can add your comments. i will compile these comments and provide them to council at the appropriate time during the review process.


  1. Posted at the request of a follower of MornPenCouncilWatch. This is another example of having laws without proper enforcement authorities. Should we subcontract out enforcement of local laws?
    Council review of local laws:

    Somehow this council brings in local laws without costing in the control factor.

    Car parking in Mornington & for that matter probably all the Peninsula is not adequately controlled.

    Why change parking times in Mornington for the sake of one day per week.

    Footpath trading policy is 4 years old has never been controlled properly. In one section of Main Street there should be 18 businesses registered. There are in fact 3.

    Scott Crowe

  2. It should be indicated how the law will be enforced. all enforced with complaints (reactive) but some (dog barking?) only by complaint while planning permits by complaint and also rigorous enforcement (proactive) of new and existing permits.

    All should be by observation by shire employees where they report violations on day to day observations (everyone becomes an inspector)

    So I guess the enforcement guidelines could be simply stated as reactive or proactive?

    Grasp the concept there not the exact words.

  3. Posted with Permission: What it is all about. how it is going to work.

    Dear Joe,

    I refer to your recent email and our conversation yesterday regarding the upcoming Local Law review process and apologise for the delay in responding.

    As you are aware, Council will be undertaking a review of all Local Laws over the next twelve months to ensure that the Local Laws are relevant and will continue to meet the needs and expectations of the community. A report was presented to the Council Meeting on 27 July 2009, providing further details of the Local Law review process to be undertaken. Follow link for copy of report:

    The State Government, through Local Government Victoria (LGV), and in partnership with the Municipal Association of Victoria (MAV) has developed the Better Practice Local Laws Strategy to apply a more robust and consistent process for Local Law making. The Strategy also seeks to reduce the regulatory burden on business and make Local Laws more accessible to the community. Over the coming months, LGV will be developing a suite of documents to equip and support Councils to achieve better practice with such documentation proposed to be launched in February 2010.

    In addition, a Bill is currently before the Parliament which proposes the power for the Minister to make and publish guidelines in relation to the preparation, content and format of local laws. As a result, the Shire's Local Law review process will be delayed pending release of this information.

    The Local Law review process will include the following:

    • Recognising the State Government's Better Practice Local Laws Strategy and all associated documentation when released including any possible guidelines the Minister may make from time to time;
    • Review and clean up existing Local Laws;
    • Meet with internal stakeholders;
    • Commence development of a preliminary draft Local Law;
    • Undertake community consultation, including the establishment of focus groups. These groups will be ‘themed’ to reflect specific areas of concern. Feedback via the Shire’s website by establishing a separate link that will take readers to information about the review, a survey and feedback form, copies of draft Local Laws, etc;
    • Development of draft Local Laws;
    • Advertising of the draft Local Laws;
    • Submissions heard by Section 223 Committee; and
    • Council resolution to make the Local Laws.

    Whilst the abovementioned documentation is still being developed by LGV, meetings with internal stakeholders will commence shortly to discuss any issues of concern that may need to be addressed as part of the review including any legislative changes introduced following the previous local law review.

    It is anticipated that community consultation and the establishment of focus groups will occur early next year as part of the processes described above.

    Council has engaged an external consultant to assist with the review and complete the various processes including undertaking required consultation, establishing focus groups and rewriting local laws to meet plain English requirements etc. An amount of $30,000 has been approved in the 2009/2010 Budget to meet the costs of the review.

    If you require any further information, please do not hesitate to contact me.


    Mark Howells
    Team Leader Governance
    Mornington Peninsula Shire

  4. Enforcement:::: big issue with all laws and planning permits, etc.

    Need at least 2 roving inspectors that understand the local laws and just drive around all day in their electric cars and spot "grievous" violations. No need to get out and measure the height of the weeds in a vacant lot with a ruler.

    But easy to spot grievous violators and junk cars and trash, etc. maybe even catch some people not picking up after their dogs…