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SAY NO TO COUNCIL OVER-REACH

ON YOUR PRIVATE LAND

Dear Premier, MPs, Mayors and Councillors,

The following petitioners draw your attention to recent issues in some Councils with respect to the entry of Council Authorised Officers on private land.

Currently, Council Officers have the absolute right of entry under the Local Government Act 1989/2020. No checks, no oversight, just the right to enter at any time, without a warrant.

It is also illegal for a resident to stop them.

Private land is just that - PRIVATE.

Council officers should never have any entry rights without police involvement, a warrant, or a court order.

Without any rules and regulations Councils are abusing such powers.

Victorians pay Councils for services, not for Council officers to enter their property at will and without notice.

We call on all politicians and every level of Government to immediately restore private land rights by:

Removing Council rights of entry without a court order, warrant or police involvement
Ensuring regulations exist to ensure entry is only granted in extreme cases, based on need
Ensure that councils act in a manner that is fair and ensures the right to procedural fairness in disputes or the application of local laws.

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Local Government Act 1989 - Sect 224 (7) "An authorised officer may enter any land or building in the municipal district at any reasonable time to carry out and enforce this or any other Act or any regulation or local law. "

LOCAL GOVERNMENT ACT 2020 - SECT 79

Penalties

(1) A local law may—

(a) prescribe a penalty not exceeding 20 penalty units for a contravention of a local law; and

(b) prescribe a penalty not exceeding 2 penalty units for each day after a finding of guilt or conviction for an offence during which the contravention continues; and

(2) If a local law does not expressly prescribe a penalty for a contravention of the local law, the court before which proceedings are brought may impose a penalty not exceeding 10 penalty units.

LOCAL GOVERNMENT ACT 2020 - SECT 80

Application of local law

A local law may be expressed so as to do any or all or a combination of the following—

(a) apply at all times or at a specified time;

(b) apply throughout the whole of the municipal district or in a specified part of the municipal district;

(d) make provision for all cases or different provision for different cases or classes of case or different provisions for the same case or class of case for different purposes;

(e) require a matter to be in accordance with a specified standard or specified requirement or approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies;

(f) provide in a specified case or class of case for the exception of persons or things or a class of persons or things from the local law, whether unconditionally or on specified conditions and either wholly or to the extent specified.

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