Councillor Alex Makin said only State approved registered tobacconists can display tobacco products or packaging in their store. All other retailers must store tobacco products out of view.

“While outlets are still able to sell tobacco, the new regulations mean that no tobacco products can be visible from anywhere inside or outside the outlet,” Cr Makin said.

“Prior to the law changes tobacco was one of the most visible and widely accessible products on the market, which gives the impression that smoking is more popular than it actually is,” Cr Makin said.

“Reducing the visibility of the product will further protect young people from exposure to tobacco marketing and promotion, and hopefully lead to fewer people adopting the habit,” Cr Makin said.

“It is also hoped that removing the products from display will make it easier for those wanting to quit smoking,” Cr Makin said.

Tobacco use is the leading preventable cause of illness and death in Victoria, claiming around 4000 lives, causing 80 per cent of lung cancer cases and costing Victorians around $5 billion every year.

Retailers are permitted to display an A4 sized prescribed sign which indicates that tobacco products are available, and one prescribed price board.

To become a certified specialist tobacconist, 80 per cent of the retailer’s gross turnover must be made from the sale of tobacco products.

This is not the first change the State Government has made to the tobacco-related laws. Since 1 January 2010 key changes in Victoria have included:

• Banning smoking in cars carrying children under the age of 18 years;
• Banning the sale of tobacco at temporary outlets and providing State Government powers to ban youth-orientated tobacco products and packaging; and
• Implementing improved services to assist people to quit smoking, with an emphasis on supporting pregnant women and groups with high smoking rates.

Those wanting more information on the changes should contact the Tobacco Information Line on 1300 136 775, email tobacco.policy@health.vic.gov.au or visit www.health.vic.gov.au

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The new laws include the introduction of on-leash regulations for all dogs in public places and a Dusk to Dawn curfew for all cats.

Maroondah Mayor Councillor Alex Makin said the plan was a result of extensive consultation with the community and animal management experts, following community concerns regarding the lack of specific animal controls in Maroondah.

“We need to ensure that the management of Maroondah’s 14,600 registered dogs and 5200 registered cats is in accordance with State Government legislation and expectations of the community,” Cr Makin said.

“Council believes it has reached a considered outcome that leaves no one group unfairly disadvantaged. The new laws are underpinned by principles of fairness and equity, consistency with contemporary practice and a balanced approach to the differing community views on the issues,” said Cr Makin.

“During the consultation process we listened to our residents and taking their views into consideration we made changes to some of the areas designated as on leash or off leash areas,” Cr Makin said.

“Under the new laws, dogs must be under effective control at all times while in public, which means that they must be on a leash or in a designated off-leash area,” Cr Makin said.

“To give people more peace of mind while out and about in Maroondah, dogs must also be on a leash within 15 metres of playgrounds, picnic areas, barbeques, organised sporting events, sporting matches or training sessions or when on a shared use path,” Cr Makin said.

“For those who want to exercise their dogs off leash there are numerous locations across the municipality where this can be done. Residents can still enjoy walking their dogs off leash in these areas, as long as the dog is still under effective control, ” Cr Makin said.

The new laws also identify areas of significant conservation or biodiversity, which means that dogs are not permitted in these areas.

Cr Makin said a dusk to dawn cat curfew will also take affect from 1 January 2011.

“Cats can cause significant damage to the environment and wildlife when left to roam free, especially at night when a lot of native animals are out and about.

Council will conduct an extensive community education campaign to inform residents about the changes.

Maps outlining the off-leash areas throughout Maroondah will soon be sent to all registered pet owners. This pocket-sized brochure will also have tips on responsible pet ownership.

Information and maps showing designated off leash areas will also be available on Council’s website and at Council’s Customer Service Centres.

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Local Law 9 will now replace Local Law 7 that regulates meeting procedures at Council Meetings.

“The changes demonstrate Council’s overwhelming support for accessible and accountable Local Government, and will permit the community to hear and see more than ever before,” said Mayor of Maroondah, Councillor Alex Makin

“An example of some of the changes includes the opportunity for the public to hear Council presentations to further explain agenda items. Councillors will also present Ward reports to keep the community up to date with new developments and projects,” said Cr Makin.

The proposed amendment had been on public exhibition at Braeside Avenue as well as at Council Service Centres and on the website, and the public was encouraged to make submissions.

The submissions received all had the same theme -the addition of Acknowledgement of Country to the Order of Business for Council meetings.

“Following the public submissions, Council is proud to incorporate an Acknowledgement of Country as part of the Order of Business at both Ordinary and special meetings of Council,” Cr Makin said.

The Acknowledgement of Country forms part of Council’s Reconciliation Policy Statement which reaffirms its commitment to the process of reconciliation and the desire to build strong partnerships with the local Indigenous community.

“Another significant change to meeting procedures is that Question Time can be extended by an additional 10 minutes if required to complement the aim of increased participation and interaction from the community,” said Cr Makin.

As well as changes to process, the Council Chamber has also experienced a change to layout.

“New ramp access will improve accessibility to the chamber floor. Plus, the change to the seating arrangements means that Councillors will no longer sit with their backs to the public gallery, thereby promoting a feeling of inclusiveness,” Cr Makin said.

Council meets on the third Monday of each month and meetings are open to the public. Meeting dates may change if the meeting falls on a public holiday. Council is generally in recess in January.

The next meeting is scheduled for 7.30pm on Monday 20 September at Council Chambers, Braeside Avenue Ringwood.

While many residents understand the Council requirements, there are unfortunately instances when these are not complied with.

The Maroondah Leader has reported on a recent incident where a resident was fined for keeping more than 50 hens and roosters on their property.

Maroondah Mayor Alex Makin said it was important that people be aware of pet permit requirements. “It is imperative that residents do cooperate with council so that we can ensure our community lives in harmony with pets,” he said.

Details on Council’s requirements regarding pets is available from www.maroondah.vic.gov.au/KeepingAnimals.aspx or contact 1300 882 233

The Maroondah Leader has reported on this incident:

Cr Makin said the Council was aware of at least seven more trees poisoned across Maroondah in the past year. He said the council could issue fines and direct offenders to replant advanced trees, adding to costs.

“If you need to remove a tree on your property it’s a requirement that you contact council to discuss your plans first,” Cr Makin said. “Poisoning is definitely the wrong way to go about things.”

Maroondah City Council will pursue matters relating to tree poisoning to help protect our local environment. Maroondah’s Local Laws Department can be contacted on 1300 882 233 to report any instances of tree poisioning within the municipality.

Maroondah Mayor Alex Makin said the prosecution was a strong reminder to pet owners that they must abide by relevant laws.

“That includes ensuring their animals are kept under effective control both on and off their property. Taking matters to court is a last resort but it is a step the council is willing to take when people have broken the law. Safe and responsible pet ownership is important and it is something the council encourages within Maroondah.”

The amenity of our community needs to be respected by everything within our municipality and Council will undertake court action when all all other avenues have been exhausted.

Issues covered within the local law include graffiti, trees and vegetation and animal management (including the number of animals allowed within a household). The materials that are allowed within the general garbage collection and within the recycling bins is also covered within this local law.

Local Law No. 5 – Public Safety and Amenity was designed to ensure that the community is aware of risks to Maroondah’s environment and public health and is therefore worth reading by any Maroondah resident or ratepayer.

A copy of local law no. 5 – Public Safety and Amenity is available from the Maroondah City Council website (PDF).

The Local Government Act of 1989 is useful reading for anyone interested in the functions, roles and responsibilities of local councils.

The Local Government Act can be downloaded from the Australasian Legal Information Institute.

• The full Health Act can be downloaded from the Australasian Legal Information Institute.

As an example, the Health Act and specifically Part III (Nuisances) was invoked in dealing with the excessive noise created by Southern Rocycling due to the following sections of the Act:

39A. Application of Part

This Part applies to nuisances which are, or are liable to be, dangerous to health or offensive and in particular to nuisances arising from or constituted by—

(a) any building or structure; or
(b) any land, water or land covered by water; or
(c) any animal, bird or pest animal within the meaning of section 108A; or

(d) any refuse; or
(e) any noise or emission; or
(f) any state, condition or activity; or
(g) any other matter or thing—
which is, or is liable to be, dangerous to health or offensive.

40. Definition

(1) In this Part—
“offensive” means noxious, annoying or injurious to personal comfort.

(2) In determining whether a state, condition or activity is a nuisance which is, or is liable to be, dangerous to health or offensive—
(a) regard must not be had to the number of persons affected or that may be affected by the state, condition or activity; and
(b) regard may be had to the degree of offensiveness of the state, condition or activity.

41. Duty of councils

A council must remedy as far as is reasonably possible all nuisances in its municipal district.

42. Offence of causing a nuisance

A person must not—
(a) cause a nuisance; or
(b) knowingly allow or suffer a nuisance to exist on or emanate from any land owned or occupied by or in the charge of that person.

Penalty: 100 penalty units.

43. Notification of nuisance

(1) If a person believes that a nuisance exists, that person may notify the municipal council in whose municipal district the alleged nuisance occurs.
(2) The council must investigate any notice of a nuisance.

(3) If, upon investigation, a nuisance is found to exist, the council must—
(a) take action to abate the nuisance; or
(b) if the council is of the opinion that the matter is better settled privately, advise the person notifying the council of the nuisance of any available methods for settling the matter privately.

44. Notice to abate a nuisance

(1) If the council is satisfied that a nuisance exists, it may serve a notice on the person who is causing the nuisance or, if that person cannot be found, on the owner or occupier of the land or person in charge of the land from which the nuisance emanates, requiring the abatement of the nuisance.

(2) A notice under sub-section (1)—

(a) must specify the time within which the nuisance must be abated; and
(b) may specify steps to be taken to prevent the recurrence of the nuisance and the time within which they are to be done.
(3) If—
(a) the person on whom the notice is served does not comply with it; or
(b) the nuisance, although removed, is, in the opinion of the council, likely to recur—
the council may cause a complaint to be made to the Magistrates’ Court which may summon the person to appear before the Magistrates’ Court.

45. Failure of council to investigate complaint

(1) If the council does not within a reasonable time of being notified of an alleged nuisance investigate the subject-matter of the notification, the person who notified the council may make a complaint to the Magistrates’ Court of the existence of the alleged nuisance.

(2) The Magistrates’ Court may summon the person alleged to be causing the nuisance before it and the court may proceed as if the complaint had been made by a council.
(3) If the court is satisfied that the person making a complaint under this section had reasonable grounds for doing so, the court may order the council to pay any costs and expenses incurred by that person.
(3A) The court must not order a council to pay any costs or expenses under sub-section (3) unless it first gives the council or its representative an opportunity to be heard.

47B. Power of councils to investigate nuisances outside their municipal districts

A council may investigate a nuisance which occurs outside its municipal district if that nuisance affects the council’s municipal district.

• The full Health Act can be downloaded from the Australasian Legal Information Institute.