ETHERIDGE SHIRE COUNCIL

Local Law Policy No. 18 (Control of Nuisances)

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This Local Law Policy is to be read with Local Law No. 18 (Control of Nuisances).

Made by Council resolution on 24/02/1998.

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Citation

1. This local law policy may be cited as Local Law Policy No. 18 (Control of Nuisances).

Objects

2. The objects of this local law policy are to provide detailed information called upon by
Local Law No. 18 (Control of Nuisances) which seeks to protect the environment, and
public health, safety and convenience, by eliminating or reducing nuisances resulting
from-

(a) excessive noise; and

(b) smoke, other atmospheric pollutants, and wind-borne materials; and

(c) light spillage; and

(d) vegetation overgrowth; and

(e) visual pollution resulting from unsightly accumulations of objects and materials.

Local Law -Section 3 –Declaration of fire hazard

3. For the purposes of section 3 of the Local Law the list of items described in Schedule 1
to this Local Law Policy are deemed to be fire hazards for the purposes of the Local Law
and this Local Law Policy in addition to the definition of fire hazards under the Local
Law.
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Local Law Policy No. 18 (Control of Nuisances)
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Local Law -Section 5 –Regulation of noise emission

4. For the purposes of section 5 of the Local Law the following regulations, in addition to
the regulations applied by the Local Law , shall apply to the emission of the classes of
noise as shown-

a) The use of musical instruments, appliances or amplifiers of sound

i) is prohibited in any public place where it is likely to, in the opinion of the
local government, cause or be likely to cause a nuisance to any members
of the public using such public place; or

ii) is prohibited anywhere within the area of the local government between
the hours of ten o’clock in the evening and seven o’clock in the morning
(10 p.m. to 7 a.m.) where it is likely to, in the opinion of the local
government, cause undue nuisance to residents of premises within
audible distance of such use;

unless a permit from the local government has been granted for such use at that
time

b) The use of any motor appliance (electrical, petrol driven or otherwise driven but
excluding motor vehicles travelling along a road) within a residential area
between the hours of ten o’clock in the evening and seven o’clock in the
morning (10 p.m. to 7 a.m.) on Mondays to Saturdays and between the hours of
nine o’clock in the evening and eight o’clock in the morning (9 p.m. to 8 a.m.)
on a Sunday;

c) The shouting of or haranguing by any person of any other person in any public
place (park, reserve or road) unless a permit from the local government has been
granted for such at that time and place.

Local Law -Section 9(1) –Regulation of fires in the open

5. For the purposes of section 9(1) of the Local Law, the following regulations, in addition
to the regulations applied by the Local Law, shall apply to the lighting of fires in the
open-

a) The lighting of fires in the open in a town area is prohibited if the material of
such fire includes any rags, bones, rubber, plastic, leather, wet or green flora,
painted or treated timbers or other similar material, or any other offensive or
objectionable substance whatsoever where the burning thereof would be, or is
likely to be dangerous or offensive to any person in the neighbourhood of the
place at which such fire is to be lit;
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Local Law Policy No. 18 (Control of Nuisances)
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b) The lighting of fires in a town area is restricted to such times as when the fire
can be lit and the material burnt in such a manner as to minimise the amount of
smoke emanating therefrom and to minimise the duration of the burning time.

c) Any fire lit in the open on property in a town area shall-

i) be attended at all times by sufficient people and resources (water, hoses,

tanks etc) to be able to extinguish such fire, if required by direction of an
authorised person or for any safety reason, within a period of five (5)
minutes.

ii) be extinguished totally within one (1) hour of commencement of the fire

iii) be conducted in such a manner as to prevent the spread of the fire; and

iv) be carried out on such property only with the approval of the property
owner.

Schedule 1

[Local Law Policy Clause 3]

Additional items defined as a fire hazard for the purposes of the Local Law

Description of additional material or Date

circumstances deemed to constitute a fire hazard applicable
from

(NONE)

Certification

This page and the preceding six (2) pages is a certified copy of Local Law Policy No. 18
(Control of Nuisances) made, in accordance with the provisions of the Local Government
Act 1993, by the Council of the Shire of Etheridge by resolution dated 24/02/1998.

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Chief Executive Officer.