LOCAL LAW COMMUNITY

IMPACT STATEMENT
July 2016

Keeping of Animals Local Law No. 2

City of Greater Bendigo (CoGB) provides the following information to the
community in respect of the Keeping of Animals Local Law review.
PART A GENERAL COMMENTS
Background
It is Councils view that Local Laws are critical to ensuring the good order,
peace and good governance of a municipal district.
Under the Local Government Act 1989, a Local Law expires after 10 years
whether or not it has been amended in the meantime.
The City of Greater Bendigo last reviewed its animal keeping Local Law in
2009. As a result of that review the existing Local Law was revoked and the
new animal keeping local law came into effect, 1st January 2010.
Section 68A of the Domestic Animals Act requires CoGB at 4 year intervals
to develop a Domestic Animal Management Plan (DAMP) that addresses the
following:

Provide for the review of existing orders made under this Act and
Local Laws that relate to the Councils municipal district with a view to
determining whether further orders or Local Laws dealing with the
management of dogs and cats in municipal district are desirable.

CoGB is developing a new DAMP, therefore considered it timely to review the

Local Laws and orders made under the Domestic Animals Act concurrently.
In 2010, the State Government, through Local Government Victoria, released
Guidelines for Local Laws Manual, which set out new best practice
guidelines for the creation of new Local Laws. One of the key elements of
these best practice guidelines includes mandating that Councils produce a
Local Law Community Impact Statement.
The impact statement must include clear objectives, measures of success
and assessment of relevant powers, risk analysis, cost benefit and
competition and human rights analysis.
Why do we need an Animal Keeping Local Law?

To provide a mechanism to manage animal keeping within the City of

Greater Bendigo
To assist in maintaining residential and public amenity
To control activities associated with the keeping of animals, birds and
poultry to prevent unnecessary nuisance, damage to flora or fauna or the
environment
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To adopt, apply and ensure compliance with the relevant codes of

practices for keeping of animals.

We achieve this by:

Regulating and controlling the number of animals and poultry allowed to

be kept
Regulating how animals and poultry are able to be kept to provide for the
welfare of those animals and poultry
Applying controls to prevent animals causing a nuisance, damaging flora
or fauna or polluting the environment
Applying controls to contain animals
Applying controls to manage animal litter
Providing an opportunity to keep more than the allowed number of
animals by way of a permit system.

The proposed changes to the current Local Law include:

Providing an industry best practice to the keeping of animals;

Reinforcing expected standards by introducing a clause into the Local
Law to provide for animals to be kept in accordance with the relevant
industry code of practice or standards;
Improve community understanding by changing the land zoning
descriptions within the Local Law definitions to be consistent with the
Greater Bendigo Planning Scheme;
Changing the penalty for any breaches of the Local Law that refer to
conviction by any Court to a finding of guilt by any Court.
Amending the appeal of decision to refuse application provision of the
administration Local Law to enable appeals to be heard more quickly by
expanding the range of suitably qualified people who can participate on a
review panel;
Changing the notification of the panels decision from 10 days to 28 days
to allow for both parties to an appeal to have sufficient time to respond to
the process, and all information to be gathered and considered when an
appeal is made.

Conclusions
The review has concluded that the Local Law is still the most appropriate
approach to dealing with domestic animal keeping.
The list of Councils Officers authorised under Section 224 of the Local
Government Act has also been reviewed. All authorisations are current and
all formalities of authorisation are being complied with.
CoGB has delegated certain applicable provisions of the Local Law to the
Manager Parking and Animal Services. These provisions are still appropriate.
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The Local Law review has allowed CoGB to respond to community amenity
issues and implement best practice Local Law making.
The Local Law review has been necessary to ensure that the Animal Keeping
Local Law is meeting CoGB and the communitys needs and expectations.

PART B COMMENTS ON PROPOSED LOCAL LAW OVERALL

The table below specifies Councils response to the assessment
provisions:
Issue

Evaluation

Measures of
The success of the Local Law will be measured by:
success of
The annual surveyed level of community
proposed Local
satisfaction rating for animal related issues
Law.
The number of complaints from people affected by
the Local Law received annually
The cost of administering the Local Law
The extent to which it provides for and facilitates the
smooth administration and management of animal
services
The annual number of requests for review of
decisions made under the Local Law.
Existing
legislation that
might be used
instead.
State
legislation.

CoGB is not aware of any existing legislation that may be

used instead.

CoGB is not aware of any State legislation with respect to

limiting the number of animals or poultry allowed to be
kept or residential fencing requirement for housing of
animals.
The Local Law compliments the land use provisions of the
planning scheme.
The Local Law will supplement existing State legislation
administered and enforced by Council.

Overlap of
existing
legislation.

CoGB uses the Domestic Animals Act to administer cat

controls and provisions relating to off leash controls as the
preferred legislation.
CoGB believes the provisions of the proposed Local Law
supplements the State legislation without duplicating,
overlapping or creating any inconsistency.

Overlap of
planning
scheme.

CoGB does not believe any provision of the proposed

Local Law overlaps, duplicates or creates an inconsistency
with Councils planning scheme.
Consultation has occurred with the Manager of Statutory
Planning. One area of concern was noted and changes
made to the draft Local Law.
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Risk
assessment.

CoGB has adopted a risk management approach to the

review of the Local Law and does not believe that there
are any significant risks associated with the proposed
Local Law to CoGB or the community.
In reaching this view, CoGB considered the absence of the
proposed Local Law and the lack of controls CoGB would
have over the keeping of domestic animals and the impact
that would have on residential amenity and the
environment as a consequence.

Legislative
approach
adopted.

CoGB believes in a minimum imposition on the community

with its Local Laws. CoGB reflects this approach by
providing for:
Reasonable penalties
Reasonable enforcement procedures, including
provision for issuing of cautions where appropriate
and provision of an internal review process for
infringement notices and refusal of permits
Implementation of a Complaints Handling
Procedure
Implementation of a Compliance and Enforcement
Policy which provides a rationale and framework for
an equitable, transparent and consistent approach
to compliance activities.

Restriction of
competition.

CoGB is of the view that the introduction of this proposed

Local Law poses no restriction on competition and that the
proposed Local Law is in accordance with the National
Competition Principles.

Penalties.

There are no amendments proposed to the penalties

established under the 2010 Local Law.

Permits.

Permits will continue to be required for the activity of

keeping more that the allowed number of animals. This is
a common permit conditions at most Councils.
CoGB considers permits as a means of controlling
activities, rather than using prohibition. CoGB has found
that the use of permits is a very effective means of
managing activities fairly and reasonably.
It is proposed to amend the appeal of decisions provision
of the administration Local Law 10 clause 13(C) to enable
the appealing of decisions to be less prescriptive in
relation to people who can participate on a review panel.

Fees.

The purpose of fees charged under this proposed Local

Law will generally be to recover some of the costs involved
in administering the Local Law, not to make a profit.
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The proposed Local Law allows CoGB to set fees annually

and this will be done as a part of the budget process.
CoGB will continue to bench mark their fees against
neighboring Councils.

Performance
standard or
prescriptive.

The proposed Local Law is predominantly framed in

prescriptive terms, due to most of the provisions setting
out measures to deal with compliance.
This is necessary to regulate and control activities
associated with the keeping of animals so as to provide for
the welfare of the animals and to protect public amenity.

Comparison
with
neighboring
and like
Councils.

A comparison of the proposed Animal Keeping Local Law

has been made with the relevant Local Laws of the
following Councils:

City of Ballarat
Shire of Campaspe
Mitchell Shire Council
City of Greater Shepparton
Shire of Mount Alexander

The assessment has found that the CoGB Local Law is

consistent with the intent of the other Councils Local Laws
mentioned above and the objectives, structure and
language is similar.
Every CoGB in Victoria has an Animal Keeping Local Law.
The proposed Local Law is not substantially different from
the Animal Keeping Local Laws of other Victorian councils.
Charter of
Human Rights.

CoGB has assessed the proposed Local Law for

compatibility with the Charter of Human Rights and
Responsibilities Act 2006 and also the City of Greater
Bendigo Human Rights Charter.
No breaches of the charter have been identified.

Consultation
Meetings.

The Local Law review is a community wide project

requiring internal and external consultation. The review
has been undertaken in accordance with Councils
Community Engagement Policy.
Internal
There has been extensive internal consultation with
relevant managers and staff members throughout the
organization. The draft Local Law has been circulated to
the relevant managers and staff for comment.
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External
Initial consultation occurred with relevant stakeholders as
part of the Local Law and Domestic Animal Management
Plan review. This consultation has included:
February July 2015:
Community survey / questionnaire.
Media releases and paid advertisements in the local media
to advise the community of the review of the Local Law.
Information in the Greater Bendigo News and on social
media.
Information made available at the Customer Service
Centres and on the City of Greater Bendigo Web.
Information at District Engagement and Ward Meetings.
Listening posts at several locations.
Mail out to relevant community contacts and interest
groups.
A final official community consultation process was
conducted in accordance with sections 119(2) and 223 of
the Local Government Act 1989 once CoGB gave public
notice of its intention to make the proposed Local Law and
provided members of the public with a final opportunity to
make a written submission or be heard.
CoGB then considered submissions received before
making a final decision on the proposed Local Law.
Submissions.

In response to the public notice of the proposed Local

Law, CoGB received two written submissions, as well as a
recommendation from the solicitor CoGB engages for
advice and legal representation for animal related matters.
No person asked to be heard.

CITY OF GREATER BENDIGO

LOCAL LAW COMMUNITY IMPACT STATEMENT - JULY 2016
Keeping of Animals Local Law No. 2
PART C COMMENTS ON SPECIFIC PARTS OR PROVISIONS OF THE
PROPOSED LOCAL LAW
Clause(s) Section
or part of Local
Law.
Description or
heading(s).
The problem the
provision is
intended to
address.
Description of the
problem.

CoGB Objective.
Where is Councils
objective set out?

How does proposed

Local Law provision
help achieve
objectives?

Clause(s) Section
or part of Local
Law.
Description or
heading(s).
The problem the
provision is
intended to
address.

Description of the

Local Law 2 Clause 9.

Keeping of Animals.
To provide an industry best practice to the keeping of
animals.

The existing Local Law, with the exception of poultry,

does not provide welfare standards on how most
animals should be kept. Industry codes set out
minimum standards for keeping of different types of
animals. By incorporating the codes into the Local Law
allows for the contents of the codes, which are only
produced as a guide to be enforceable if required.
By incorporating the relevant codes into the Local Law
allows CoGB to ensure that the minimum welfare
standards are applied with the keeping of animals.
CoGB Plan 2013-2017 (2015 -2016 Update) Theme 3
Presentation and Vibrancy, Strategic Objective 3.5 People are supported to learn about and make
decisions that enable them to be safe and the
healthiest they can be. CoGB Plan 2013-2017 (2015 2016 Update) Action 3.5.4 Implement the Domestic
Animal Management Plan.
By adopting this provision CoGB can ensure that
people keeping animals will do so in accordance with
the recognised industry standards or best practice.

Local Law 2 Clause 10 and Local Law 2 Clause 8.

Limit on Number of Animals and Definitions.

Changing the land zoning descriptions within the Local
Law definitions and clause 10 schedules will enable the
Local Law to be consistent with the Greater Bendigo
Planning Scheme, and more easily understood by the
community. The actual limits on numbers of animals
allowed to be kept will not change.
Inconsistency with definitions within the Planning
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problem.
CoGB Objective.

Where is Councils
objective set out?

How does proposed

Local Law provision
help achieve
objectives?

Clause(s) Section
or part of Local
Law.
Description or
heading(s).
The problem the
provision is
intended to
address.
Description of the
problem.

CoGB Objective.

Where is Councils
objective set out?

How does proposed

Local Law provision
help achieve
objectives?

Clause(s) Section

Scheme.
To ensure that the provisions of the proposed Local
Law do not overlap, duplicate or create an
inconsistency with Councils planning scheme or
confuse residents.
CoGB Plan 2013-2017 (2015 -2016 Update) Theme 3
Presentation and Vibrancy, Strategic Objective 3.5 People are supported to learn about and make
decisions that enable them to be safe and the
healthiest they can be. CoGB Plan 2013-2017 (2015 2016 Update) Action 3.5.4 Implement the Domestic
Animal Management Plan.
This proposed change will eliminate any
inconsistencies with the planning scheme.

Local Law 2 Clause 9.

Penalty.
Changing the penalty for any breaches of the Local
Law that refer to conviction by any Court to a finding
of guilt by any Court.
Magistrates are sometimes reluctant to record a
conviction against perpetrators as part of their
punishment. If no conviction is recorded CoGBis
unable to issue monetary penalties to the offender if
the breach of the Local Law continues following a
successful prosecution.
By incorporating the changes into the Local Law allows
CoGB to ensure that penalties can be issued against
animal owners that continue to be in breach of the
Local Law, subsequent to a successful prosecution.
CoGB Plan 2013-2017 (2015 -2016 Update) Theme 3
Presentation and Vibrancy, Strategic Objective 3.5 People are supported to learn about and make
decisions that enable them to be safe and the
healthiest they can be. CoGB Plan 2013-2017 (2015 2016 Update) Action 3.5.4 Implement the Domestic
Animal Management Plan.
By adopting this provision CoGB can take action
against people who continue to be in breach of the
Local Law after a finding of guilt in Court.

Local Law 10 Clause 13c and 13e.

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or part of Local
Law.
Description or
heading(s).
The problem the
provision is
intended to
address.

Description of the
problem.
CoGB Objective.
Where is Councils
objective set out?

How does proposed

Local Law provision
help achieve
objectives?

Administration of This Local Law appeal of decision

to refuse application.
It is proposed to amend the appeal of decisions
provision of the administration Local Law to enable the
appealing of decisions to be less prescriptive in relation
to people who can participate on a Review Panel.
It is also proposed to change the notification of the
panels decision from 10 days to 28 days to allow for all
information to be gathered and considered.
The prescriptive nature of the make-up of the Review
Panel can prevent appeals to be undertaken in a timely
manner when one of the Panel is away from work.
Ensure that the administration and enforcement
provisions are applied consistently across all CoGB
Local Laws.
CoGB Plan 2013-2017 (2015 -2016 Update) Theme 3
Presentation and Vibrancy, Strategic Objective 3.5 People are supported to learn about and make
decisions that enable them to be safe and the
healthiest they can be. CoGB Plan 2013-2017 (2015 2016 Update) Action 3.5.4 Implement the Domestic
Animal Management Plan.
Amending the appeal of decision to refuse application
provision of the administration Local Law will enable
appeals to be heard more quickly by expanding the
range of suitably qualified people who can participate
on a review panel;
Changing the notification of the panels decision from
10 days to 28 days will allow for both parties to an
appeal to have sufficient time to respond to the
process, and all information to be gathered and
considered when an appeal is made.
By applying these administrative provisions will ensure
a more efficient and transparent process for review of
decisions to grant or refuse a permit.

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PART D RISK APPROACH

Risk
Identified

Risk
Description of Issue
rating
H/M/L

Measure to
Control Risk

Sub
risk
rating
H/M/L

Residents not
aware of the
Local Law.

Med

Residents: keeping more animals

than allowed; not providing
sufficient fencing; not cleaning up
after their animal; allowing their
animals to create a nuisance.

Advertising the Local

Law through media
and web.
Education &
enforcement.
Consultation before
and after adoption of
the Local Law.

Low

Enforcement of
the Local Law.

Med

Unauthorised and / or inconsistent

application of the LL.

Low

The new Local

Law not being
implemented.

High

Risk to:

Public Health due to lack

of vermin control

CoGB Reputation

Community Safety &

lifestyle due to wandering
animals and animal
hoarding

Disruption to Residential
Amenity due to noise,
odor or smell

Public Amenity due to

dog waste at public walk
areas

Animal Welfare due to

overcrowding and
insufficient housing

Liability due to
wandering livestock and
other animals at large

Community perception of
safety

Community Confidence
due to lack of sufficient
controls.
Breach of the Local Government
Act 1989.

Ensure all
Compliance staff are
authorised under
s224 of the Local
Government Act
1989 and trained in
the application of the
Local Law
Enforcement
provisions.
Documented
enforcement
processes are to be
followed at all times.
Detailed Policy and
Decision Matrix has
been developed for
review of
infringement notices.
The Administration
LL provides a
process to appeal a
decision to refuse a
permit.
Implement the new
Local Law or
continue to utilise
the existing Local
Law.

Failure to
request or hear
public
submissions.

Med

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Low

Existing Local Law

would still provide
necessary controls
for the next 3 years.

CoGB has
considered a draft
of the Local Law at
an Ordinary CoGB

Low

meeting and
resolved to propose
to adopt the Local
Law in order to allow
a formal public
submission process
to occur;
Submissions on the
adopted proposed
Local Law were
called for in public
advertisements with
a 28 day submission
period available for
the public to make
any comments,
suggestions and
objections on the
proposals;
CoGB provided for
any person wishing
to make a
submission the
opportunity to attend
a meeting with
CoGB or
representatives of
Council;
CoGB is now
formally considering
a report on the
submissions and any
proposed changes to
the proposed Local
Law.
Cost burden to
residents for
obtaining
permits.

Low

Residents unable to afford

permits.

Failure to
consult with the
community.

Med

Loss of community confidence

Poor Service
Quality.

Med

Dissatisfied residents.
Loss of confidence in CoGB
services.

12

CoGB considers
fees and charges as
part of the budget
process each year.
CoGB has
previously adopted a
once off life time
permit for keeping of
animals more that
the allowed
numbers.
The CEO has the
delegated authority
to waive or reduce
fees where
appropriate.
A comprehensive
consultation process
has been
undertaken
CoGB has a
customer service
charter which
provides direction,
guidance and
service standards for
dealing with
customer concerns.
All staff are inducted
and monitored to
ensure consistency
with the charter.

Low

Low

Low