Local Law 3 (Community and Environmental Management) 2011

Did you know?

Local Law No. 3 (Community and Environmental Management) 2011(PDF, 300KB)  allows Council to regulate and protect the environment and public health, safety and amenity within the Rockhampton Region.

This Local Law sets out the regulations for eliminating or reducing risks and threats to the environment and public health, safety and amenity resulting from:

  • Inadequate protection against animal and plant pests
  • Vegetation overgrowth
  • Visual pollution resulting from accumulation of objects and materials
  • Fires and fire hazards not regulated by State law
  • Community safety hazards
  • Noise that exceeds noise standards

Federal and State legislation may specify an animal or plant of a particular species to be declared pests.  Council may also declare an animal or plant to be a local pest.

Did you know the following are declared local pests in the Rockhampton Region?

  • Castor Oil Plant (Ricinus communis)
  • Devils Apple (Solanum aculeatissimum)
  • Devil’s Fig (Solanum torvum)
  • Elephant Grass (Pennisetum purpureum)
  • Feral Leucaena (Leucaena leucocephala) - leucaena may be grown in compliance with the requirements of the Leucaena Growers Code of Conduct. The code of conduct can be found at leucaena code of practice
  • Grey-Leaved Cordia (Cordia Sinensis)
  • Lion Tail (Leonotis nepetifolia)
  • Log Wood (Haematoxylum campechianum)
  • Maltese Cockspur (Centaurea melitensis)
  • Mexican Poppy (Argenome ochroleuca)
  • Sisal (Agave vivipara var vivipara and cv marginate)
  • Sisal/Sisal Hemp (Agave sisalana)
  • Snakeweed (Stachytarpheta spp)
  • Wild Sisal (Furcraea selloa)

A person must not introduce, propagate or breed a declared local pest, or provide harbour to a declared local pest, or display, sell or supply a declared local pest.

An allotment may be deemed unsightly if the vegetation including trees, bushes, shrubs, plants or grass is overgrown to such an extent that it has seriously affected the visual amenity of the allotment, or is likely to attract or harbour reptiles or vermin.

This also applies to objects or materials that are brought on to, or allowed to accumulate on, an allotment such as discarded or disused machinery or machinery parts, broken-down or severely rusted vehicles, discarded bottles, containers or packaging, or refuse or scrap material.

Did you know the responsible person to for the allotment may be required to take specific action to remove the nuisance or remedy the situation?  They may be required to prune vegetation and/or mow an overgrown allotment or erect an appropriate structure to screen unsightly objects or materials from public view.

Anything that because of its flammable nature, its position or its quantity, exposes property to significant risk of damage or destruction is a fire hazard including live cinders or hot ash that is not enclosed in a fireplace so constructed as to prevent the escape of the remains, a substantial accumulation of grass clippings that is liable to spontaneous combustion, or dry vegetation that could be easily ignited or other flammable materials.

Did you know the responsible person for the allotment may be required to take specified action to remove the fire hazard or reduce the level of risk to persons or property?

Council restricts the lighting or maintaining of fires to:

  • A fire lit outdoors but it must be enclosed in a fireplace so constructed as to prevent the escape of fire or any burning material
  • A fire lit for the purpose of burning the carcass of a beast
  • A fire lit at a saw mill for the purpose of burning sawdust or other residue resulting from the operation of a saw mill

Council prohibits any fire that is not in a fireplace, barbecue or incinerator constructed by Council in a public place.

Did you know the following are declared to be community safety hazards?

  • A fence or structure on land that because of its nature or its position, poses a significant risk of causing injury to a person or damage to property.  There are prescribed requirements in Schedule 4 of the Local Law for barbed wire fencing and electric fencing to be used in urban areas or adjoining any road or public land.
  • Objects or materials on land that are likely to become airborne in periods of high wind in a way that poses a significant risk of causing injury to a person or damage to property
  • A plant or animal on premises which is dangerous or attracts vermin, or has caused/likely to cause personal injury or property damage, or a negative impact on the amenity of the surrounding area

Did you know the responsible person for the allotment may be required to take specified action to remove the community safety hazard or reduce the level of risk to persons or property?

Council may take action, on behalf of the responsible person, to remedy the situation in relation to an unsightly allotment, fire hazard or community safety hazard.

Full details are available in Local Law No 3 (Community and Environmental Management) 2011 and the associated Subordinate Local Law.

New Local Laws – A consistent approach for our community

For more information click on related links and documents or contact Council’s Customer Service Centre on 1300 22 55 77.