Laws you should know

If you live, work, visit, or own property in the City of Whittlesea, there are certain local laws you need to be aware of.

These laws address issues which have emerged in recent years, including the use of recreational fire pits, nature strip maintenance, managing long-term parking of trailers, caravans and boats on Council land, dumping of rubbish, managing derelict and dilapidated buildings, dumped or abandoned shopping trolleys, managing dogs on sports fields and strengthening dog attack laws.

In this section you will find details around common issues managed under the City of Whittlesea Community Local Law 2024.

Burning off

There are certain restrictions for starting outdoor fires and burning off in urban and rural areas.

You will need a check whether you need permit for the type of fire you plan to have. 

There are also restrictions on what you can burn. You cannot burn:

  • treated timber, including pine
  • fence palings
  • plastic
  • green waste
  • damp wood
  • furniture or hard waste.

For more information and to apply for a permit, see Burning off and fires.

Pets

Leash laws

You need to keep your dog on a leash while outside their property, except in designated off-leash dog parks.

If you allow your dog off the lead in a public place or don’t confine them to your property, you may face an on-the-spot fine or it may go to court. Read the Community Local Law 2024(PDF, 7MB) for more details and penalties.

For more information, see Confine your pet.

Pet waste

If your pet toilets in a public place you must pick it up its droppings and dispose of them properly. This includes from any nature strip, footpath, road, park, public place and private property.

This local law applies whether the dog or cat belongs to you or is just temporarily under your care.

If you do not clean up after an animal in your care, you can be issued with an on-the-spot fine of $200, and may have to pay a court imposed penalty of up to $2,000.

Dog and cat poo and public health

Dog and cat poo is unpleasant, contains much of the same bacteria as human waste and may also carry intestinal worms.

When dog and cat poo is not picked up, it can spread illness and wash into waterways and beaches where we swim.

Young children are especially at risk of illness due to people not removing dog and cat poo.

Cleaning up after your dog is easy 

Carry plastic (or biodegradable) bags, or a ‘pooper-scooper’ with you when walking your dog. Personal bag carriers are available that attach to your dog’s leash to store plastic bags.

If you're using the plastic bag method:

  • place your hand inside the bag
  • fold the bag back over your hand and pick up the waste
  • remove your hand and tie a knot in the top of the bag
  • place the bag in the bin
  • wash your hands as soon as possible.

Garage sales

If you have a garage sale, you must contain it to your own property. You must not sell items from vehicles or the nature strip.

If you are displaying signs advertising your sale, you must:

  • only display them on the day of the sale
  • not place them on roundabouts, on road signs or too close to roads
  • not attach them to Council property, as they may cause damage when removed
  • remove them on the same day, after the garage sale.

If you don't follow these rules, you may face a fine of up to $400 for each sign.

Litter

You can help keep our city clean by placing your rubbish in the bin. If you are caught littering in a public place, you could face an on-the-spot-fine ranging from $311 to $622.

Litter on building sites

Builders must provide bins with lids onsite and regularly throw out contained rubbish.

Litter that can be blown away must be placed in a secure bin so it doesn’t end up in drains, creeks and rivers.

Builders who do not follow these rules may face a fine of up to $1,866 and have to go to court where fines may be up to $10,000.

For more information, see Building Site Code of Practice.

Litter from vehicles and trailers

If you move rubbish or goods in a vehicle or trailer, you must ensure that the load is securely contained. You can contain a large load with ropes tied across it, but you may need to cover any small objects such as paper, sand, soil or rocks with a tarp.

If you let litter fall or blow from your vehicle or trailer, you can face fines ranging from $311 to $622. More serious offences may be taken to court where penalties may be up to $10,000.

For more information, see Report dumped rubbish and litter.

Nature strip maintenance

It is the responsibility of property owners and occupiers to maintain the nature strip abutting their land by regularly mowing, weeding, and removing any litter that is present.

Fire authorities recommend keeping grass shorter than 10cm to minimise the chance of fire passing from the road onto your property.

For more information, see Nature strips and clause 2.5 of the Community Local Law 2024.

Noise

It is illegal to cause unreasonable noise from any residential premises, according to the Environment Protection Act 2017.

There are also restrictions around the times that you can make noise during the day.

We investigate various types of unreasonable noise, including residential noise and construction noise.

For more information, see Noise restrictions and complaints.

Displaying your property number

You must display your house number clearly to so that service providers can quickly locate and identify your property. For example:

  • emergency services (such as Ambulance Victoria, the Melbourne Fire Brigade, Country Fire Authority and State Emergency Services)
  • Australia Post
  • utility companies
  • the Council.

Clear identification of your house number will also help any visitors to locate your property.

The owner or occupier must ensure:

  • The address is marked with the allocated number
  • The numbers are of a sufficient size and free from obstructions so they can be easily read from the road under normal lighting conditions
  • The numbers are a contrasting colour to the surface they are attached to.

In the case of land on which flats or units are situated, the allocated address number for a flat or unit is displayed on or near the front door or clearly visible and readable under normal lighting conditions from the road or driveway on which the land has its frontage.

In the case of an address in a rural zone, the numbers are reflective.

If your house is on a corner, your number display must face the street that is your house address.

If your property is over 0.8 hectares and the driveway is not on the street that is the house address, your number display must include the street name and number at the front of the driveway.

How we allocate house numbers

We are the only governing body authorised to issue house numbers within the City of Whittlesea, regardless of whether they are residential, commercial or retail developments.

To ensure that house numbers flow logically, we allocate them based on our Street Numbering Policy.

Download the street numbering policy

We advise other government authorities, emergency agencies and utility companies of allocated house numbers.

These agencies use the allocated numbers, in various emergency mapping systems, as well as in the statewide map base for Victoria.

Shopping trolleys

Customers

A person must not leave a shopping trolley on any land, road or public place unless it is in an area designated by the shopping trolley owner or Council for that purpose. This minimises damage to cars and ensures that a trolley will be available next time you go shopping.

Shopping trolleys should not be used for any purpose other than for the purpose for which the shopping trolley has been specifically designed.

Trolley Owners

Prevention of Trolleys Left on Public Property:

  • The business owner must ensure that no shopping trolleys from their business are left on roads or Council land.
  • If the trolleys are on Council land, they must only be in designated areas, like a specific spot on the footpath or other Council-approved locations.

Shopping Trolley Control Mechanism:

  • The trolleys should have a coin-operated mechanism or another device that deters people from taking them off the retail premises.
  • Alternatively, the business must prove to the Council that they have a regular system in place to collect stray trolleys and that they respond quickly to reports about abandoned trolleys.

Identification of Ownership:

  • Each shopping trolley must have clear signage that identifies which business it belongs to. This helps in managing and retrieving the trolleys and ensures accountability.

This regulation is aimed at reducing the nuisance and safety issues caused by abandoned shopping trolleys on public property.

Visit our page on reporting dumped rubbish and litter to report any abandoned shopping trolleys. Alternatively, you can use the Trolley Tracker website or phone 1800 641 497.

Unsightly land

If you own or occupy a piece of land in the City of Whittlesea, you need to make sure that the property:

  1. Looks neat and well-kept: It shouldn’t look messy, neglected, or unpleasant to your neighbours.
  2. Is free of clutter: You shouldn't let rubbish, waste, or other materials pile up, as this can make the property look abandoned or messy.
  3. Is safe: The property should not pose any danger to people's health or safety, such as creating a fire hazard.
  4. Isn’t a nuisance: The land shouldn't be used in a way that bothers neighbours or makes the area less enjoyable.
  5. Is pest-free: The property should not become a breeding ground for pests like rats or harmful weeds.
  6. Has controlled vegetation: In urban or commercial areas, grass or plants shouldn’t grow taller than 20cm.
  7. Has no hazardous materials: You shouldn’t allow rubbish, debris, or any discarded materials from building work to accumulate in a way that could harm people or the environment.

Specifically, your property is considered "unsightly" or bad for the neighbourhood if it has:

  1. Grass or weeds over 20cm tall.
  2. Uncontained rubbish or construction debris.
  3. Excessive waste or materials.
  4. Disused machinery or vehicle parts.
  5. More than one unregistered vehicle outside.
  6. Graffiti that hasn’t been removed unless legally allowed.
  7. Shipping containers without proper permission.
  8. Any other item an officer determines to be a problem.

If we ask you to clean up your property, you must do so to the Authorized officer’s satisfaction, or we may clean it and charge you for the costs.

Derelict and abandoned vehicles

A vehicle is considered to be derelict or abandoned if the registration is listed as expired or cancelled, the vehicle has no number plates, the vehicle is registered but has not moved for at least two months, and/or the vehicle is damaged and appears unable to move under its own power.

For more information, see Abandoned vehicles.

Storage of caravans and trailers

Many residents within the City of Whittlesea own caravans to use for yearly holidays and trailers to transport large items. The Community Local Law 2024 allows for caravan and trailer owners to store their unhitched caravan or trailer on any road for up to 7 days in a month. This allows owners ample time to load and unload items from their caravan or trailer before moving them to private property.

What caravan and trailer owners need to do:

  • Keep or store their caravan or trailer on private land for any periods greater than 7 days in a month.
  • Ensure no part of the trailer or caravan is on a nature strip (also a breach of the Victorian Road Safety Road Rule 2017)
  • Arrange alternate private property for storage if there is not sufficient space on their own property.

You can report caravans and trailers in one of three ways:

Phone: 03 9217 2170

Email: info@whittlesea.vic.gov.au

Online: via the Snap, send and solve app

Obstructions over footpaths and roads

Owners and occupiers of land within the City of Whittlesea are required to maintain their property by ensuring that nothing on it such as signs, fences, structures, or vegetation encroach or lean across any footpath or road. This helps to ensure roads and footpaths are free from hazards and visibility is not diminished.

Specific Requirements

  • Visibility and safety: Any object or vegetation on the land should not block or reduce visibility of the road, street lighting, or traffic signals. This ensures that both pedestrians and vehicles can see clearly, which is essential for road safety.
  • Avoiding hazards: The property should not have anything that could pose a danger to pedestrians or vehicles, such as sharp branches or obstructive objects. This is to ensure that the road and paths are safe and easy to use.
  • Footpath encroachment: No part of the property (e.g., tree branches, fences) should extend over or into the footpath, ensuring that the path remains clear and accessible for pedestrians.
  • Height restrictions: Vegetation or structures must not hang lower than 2.5 meters above a footpath or municipal reserve, and not lower than 4 meters above a road. This prevents people from hitting their heads and ensures that taller vehicles can pass safely.
  • Preventing obstructions: The property should be maintained so that fallen items like fruit, leaves, or branches do not accumulate on footpaths, as these can cause tripping hazards or slippery conditions.

You can report obstructions via one of three ways:

Phone: 03 9217 2170

Email: info@whittlesea.vic.gov.au

Online: via the Snap, send and solve app

Dilapidated buildings and land

Maintaining the quality and appearance of buildings and land is crucial for preserving the visual appeal and overall amenity of a community.

This section outlines the responsibilities of property owners and occupiers in preventing buildings from becoming dilapidated. By adhering to these guidelines, property owners contribute to a more aesthetically pleasing and well-maintained community environment.

Responsibility of owners/occupiers

The owner or person living on or occupying the land is responsible for ensuring that buildings on the property do not fall into a state of disrepair.

What Constitutes a Dilapidated Building

A building is considered dilapidated if any of the following conditions are met: 

  • Exterior Disrepair: The building's exterior, including fences, is damaged or defaced, which:
    • Lowers the visual appeal of the property.
    • Causes the building to look worse than other nearby buildings.
  • Poor Maintenance of Architectural Features: Essential parts of the building, like paint, cladding, or roofing, are not well-maintained.
  • Incomplete Construction: The building or structure remains unfinished, and any building permit for it has expired.
  • Unfit for Use: The building becomes uninhabitable or cannot be used as intended.
  • Damage from Natural Events: The building has been damaged by events like fire, storms, or other natural disasters.
  • Graffiti: Any graffiti on the property must be removed promptly.

You can report dilapidated building and land via one of three ways:

Phone: 03 9217 2170

Email: info@whittlesea.vic.gov.au

Online: via the Snap, send and solve app

Displaying vehicles for sale

Displaying vehicles for sale on public land, such as roads, road reserves, Council-owned land, and public car parks is prohibited within the City of Whittlesea.

A road reserve is an area of land designated for roads and their associated infrastructure, including footpaths and nature strips.

Council land refers to any property owned, managed, leased, or under the control of the City of Whittlesea, including public car parks.

You can report vehicles for sales on public land via one of three ways:

Phone: 03 9217 2170

Email: info@whittlesea.vic.gov.au

Online: via theSnap, send and solve app

Placing items on Council land

As with someone placing an item on your own property, it is illegal to place an item on Council land without consent. Where appropriate, this consent would be considered through means of a council permit. This is due to the safety and liability risks of permitting obstructions on Council land as well as the impact on the amenity of the community.

Personal sporting equipment are not approved for placement on Council land as they can be used on private property. Council also provides a large number of sporting facilities to the public, throughout the municipality, with the list continuing to grow each year.

Council land - means any land, including reserves or roads and buildings that are owned, leased, managed, occupied or vested in or under the control of Council.

You can report obstructions via one of three ways:

Phone: 03 9217 2170

Email: info@whittlesea.vic.gov.au

Online: via the Snap, send and solve app

Notice to Comply

Under the City of Whittlesea Community Local Law 2024, in accordance with the Local Government Act, a ‘Notice to Comply’ is a formal direction issued by an Authorized Officer when a breach of a clause in the Local Law is identified.

An Authorized Officer has the power to issue a ‘Notice to Comply’ to any owner, occupier, or relevant person when there is a situation that constitutes a breach of the Local Law. The Notice to Comply serves as an official directive that requires the person responsible to remedy or correct the situation that violates the law.

What to do if you have received a ‘Notice to Comply’:

  • Read the entire notice, paying particular attention to the ‘Description of the Clause’, ‘How you should fix this breach’ and ‘When to complete the work by’ sections.
  • Contact Council via 03 9217 2170 or info@whittlesea.vic.gov.au if you require any clarity regarding the works required to be completed.
  • Complete the works by the due date on the notice.

What to do if you received a notice that should be issued to another person:

  • Contact the issuing officer via info@whittlesea.vic.gov.au with an explanation as to why the notice should be issued to another person and the details of the other person or entity.

What happens if you don’t complete the required works by the due date:

  • Council may engage contractors to complete the works of which you will be liable for any associated costs in accordance with the Local Government Act.
  • An infringement may be issued for failing to comply with a ‘Notice to Comply’.