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Victorian Local Government - Module Scope

The Victorian Local Government Entities module has 9 sub modules:

- Business and Economic Development
- Events and Recreation
- Governance, Administration and Integrity
- Land Use, Planning, Development and Building Control
- Local Government Finance
- Management of Public Lands and Property
- Public Health and Other Community Services
- Roads and Infrastructure Management
- Waste, Water and Environmental Management

Victorian Local Government module is applicable to Victorian local councils, local government entities, authorised local government individuals and all local government employees.

The VICTORIAN LOCAL GOVERNMENT module provides answers to these questions as they apply in designated Victorian local government areas;

  • Are all reasonable, practicable and required steps being taken to protect and assist the local government community?
  • Are the needs of the whole local government community including people with a disability or vulnerability being considered?
  • Are employees, officers and authorised persons fully trained, qualified and equipped to administer their responsibilities?
  • Is infrastructure within the local government area secure and safe?
  • Are there systems in place to deal with a disaster or emergency situation?
  • Are required records being accurately kept and maintained?
  • Are public interest disclosures made in accordance with legal requirements?
  • Are funds utilised appropriately and according to any conditions imposed?
  • What are the consequences of a breach of legal obligations?

Business and Economic Development

The BUSINESS AND ECONOMIC DEVELOPMENT sub module informs Victorian local government entities and their employees of their duties and legal obligations related to business and economic development within the designated local government area including reporting, notification and all regulatory obligations.

The BUSINESS AND ECONOMIC DEVELOPMENT sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing business and economic development in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The BUSINESS AND ECONOMIC DEVELOPMENT sub module covers some sources of local government general obligations including;

  • The Department of Environment, Land, Water and Planning (DELWP);
  • Local Government Act 1989 (VIC);
  • Public Health and Wellbeing Act 2008 (VIC);
  • Building Act 1993 (VIC);
  • Environment Protection Act 1970 (VIC); and
  • Planning and Environment Act 1987 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government management of business and economic development including;

  • Building Regulations 2018 (VIC);
  • Fair Work 2009 (Cth);
  • Public Records Act 1973 (VIC);
  • Ombudsman Act 1993 (VIC);
  • Commonwealth Grants Rules and Guidelines 2017;
  • Planning and Environment Regulations 2015 (VIC);
  • Victorian Public Service Enterprise Agreement 2016;
  • Climate Change Act 2017 (VIC); and
  • Climate Change Regulations 2017 (VIC).

The specific management of business and economic development obligation areas for Victorian local government that are comprehensively covered by the module include;

  • Grants and financial support;
    • Roads to recovery;
    • Local government grants commission;
    • Local government associations;
    • Financial assistance grants to local governments; and
    • Regional jobs and infrastructure funds.
  • Business permits and approvals;
    • The permit process;
    • Business registrations; and
    • Business permit applications.
  • Partnerships with other agencies;
    • Education and child care;
    • Public health;
    • Corrections, prisons and parole;
    • Cultural development partnerships;
    • Regional partnerships;
    • Tourism;
    • Road Safety;
    • Emergency management; and
    • Heritage.
  • Local government and economic development;
    • Regional development;
    • Private partnerships;
    • International trade, tourism and regional relocation;
    • Indigenous employment opportunities; and
    • Economic development.
  • Sustainability;
    • Environmental sustainability partnerships;
    • Sustainable cities; and
    • Sustainability fund.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The BUSINESS AND ECONOMIC DEVELOPMENT sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of business and economic development may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the BUSINESS AND ECONOMIC DEVELOPMENT sub module.

The BUSINESS AND ECONOMIC DEVELOPMENT sub module provides comprehensive coverage of the legal obligations of local government entities managing business and economic development. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of business and economic development who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Events and Recreation

The EVENTS AND RECREATION sub module informs Victorian local government entities and their employees of their duties and legal obligations related to events and recreation within the designated local government area including reporting, notification and all regulatory obligations.

The EVENTS AND RECREATION sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing events and recreation in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

The legislative and regulatory basis of obligations covered by the module include the following Commonwealth and Victorian state acts as well as related rules, regulations and designated regulatory bodies;

  • The Department of Environment, Land, Water and Planning (DELWP);
  • Public Health and Wellbeing Act 2008 (VIC);
  • Public Health and Wellbeing Regulations 2009 (VIC);
  • Disability Discrimination Act 1992 (Cth);
  • Building Act 1993 (VIC);
  • Building Regulations 2018 (VIC);
  • Crown Land (Reserves) Act 1978 (VIC);
  • Dangerous Goods Act 1985 (VIC);
  • Dangerous Goods (Explosives) Regulation 2011 (VIC);
  • Food Act 1984 (VIC);
  • Environment Protection Act 1970 (VIC);
  • Equipment (Public Safety) Regulations 2017 (VIC);
  • Land Conservation (Vehicle Control) Regulations 2013 (VIC);
  • Liquor Control Reform Act 1998 (VIC);
  • Liquor Control Reform Regulations 2009 (VIC);
  • Occupational Health and Safety Act 2004 (VIC);
  • Occupational Health and Safety Regulations 2017 (VIC);
  • Parks Victoria Act 1998 (VIC);
  • Planning and Environment Act 1987 (VIC);
  • Planning and Environment Regulations 2015 (VIC);
  • Road Management Act 2004 (VIC);
  • Road Safety (Traffic Management) Regulations 2009 (VIC); and
  • Code of Practice for Running Safer Music Festivals and Events.

The specific events and recreation obligation areas for Victorian local government that are comprehensively covered by the module include;

  • Council requirements of public aquatic facilities;
    • Storage and usage of hazardous chemicals;
    • Reporting of incidents and emergency responses;
    • First aid requirements;
    • Water safety policies and procedures;
    • Maintenance and public health; and
    • Disposal of trade waste water.
  • Constructing and operating community sport centres;
    • Lease agreements with the State Sport Centres Trust;
    • Council management;
    • Design and facility layout; and
    • First aid requirements.
  • Football ovals;
    • Lighting;
    • Amenity requirements;
    • Access and mobility; and
    • Carparking.
  • Erecting and maintaining community playgrounds;
    • Equipment design and access;
    • Amenity requirements;
    • Wildlife and landscape control;
    • Sun protection requirements; and
    • Fencing requirements.
  • Major sporting events;
    • Event orders;
    • Road closures and traffic management;
    • Broadcasting authorisation;
    • Aerial advertising; and
    • Crowd control.
  • Community markets;
    • Mobile and temporary food premises;
    • Registrations and revocations;
    • Information to be provided to food vendors;
    • Accreditation of farmers’ markets;
    • Packaging and display of food and produce; and
    • Market stall layouts.
  • Public events;
    • Occupancy permits;
    • Application and construction of temporary structures;
    • Noise and lighting;
    • Adequate amenities;
    • Waste disposal measures;
    • Emergency response plans;
    • Notifications to emergency services;
    • Security and crowd control;
    • Smoking;
    • Exposure to elements;
    • First aid requirements;
    • Adequate drinking water;
    • Liquor licences;
    • Car parking and traffic control;
    • Music;
    • Public transport;
    • Amusement rides and inflatable devices;
    • LP gas; and
    • Fireworks.
  • Parks Victoria and Crown land;
    • Revenue and rates;
    • Land acquisition and declaration of recreational land;
    • Leases;
    • Reserves; and
    • Noxious weeds and animals.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria there may be a further obligations to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The EVENTS AND RECREATION sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of events and recreation may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the EVENTS AND RECREATION sub module.

The EVENTS AND RECREATION sub module provides comprehensive coverage of the legal obligations of local government entities managing events and recreation. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of events and recreation who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Governance, Administration and Integrity

The GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module informs Victorian local government entities and their employees of their duties and legal obligations related to governance, administration and integrity within the designated local government area including reporting, notification and all regulatory obligations.

The GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing governance, administration and integrity in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module covers some sources of local government general obligations including;

  • Local Government Act 1989 (VIC);
  • Constitution Act 1975 (VIC);
  • Independent Broad-Based Anti-Corruption Commission Act 2011 (VIC);
  • Independent Broad-Based Anti-Corruption Commission (IBAC);
  • Privacy and Data Protection Act 2014 (VIC); and
  • Protected Disclosure Act 2012 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government management of governance, administration and integrity including;

  • Local Government (Electoral) Regulations 2016;
  • Local Government (General) Regulations 2015;
  • Fair Work Act 2009 (Cth);
  • Equal Opportunity Act 2010 (VIC);
  • Victorian Civil and Administrative Tribunal (VCAT);
  • Occupational Health and Safety Act 2004 (VIC);
  • Victorian Data Sharing Act 2017 (VIC);
  • Victorian Inspectorate Act 2011 (VIC);
  • Freedom of Information Act 1982 (VIC);
  • Health Records Act 2001 (VIC); and
  • Ombudsman Act 1973 (VIC).

The specific management of governance, administration and integrity obligation areas for Victorian local government that are comprehensively covered by the module include;

  • Local council election and polls;
    • Enrolment to vote;
    • Voter’s list and silent voters;
    • General elections;
    • Extraordinary vacancies and by-elections;
    • Keeping records of campaign donations; and
    • Implementation and maintenance of the election period policy.
  • Administration of Council and Councillors;
    • Eligibility;
    • Code of conduct;
    • Extraordinary vacancies;
    • Mayoral election;
    • Allowances and reimbursements;
    • Insurance and indemnity for council employees;
    • Instruments of delegation;
  • Conflicts of interest and improper use of position;
    • Misuse of position and improper conduct;
    • Confidential information;
    • Direct conflicts of interest;
    • Indirect conflicts of interest;
    • Disclosures of conflicts of interest; and
    • Register of interests.
  • Council meetings and accessibility;
    • Council accessibility to the public;
    • Special meetings;
    • Special committees;
    • Conduct of council meetings; and
    • Conduct of council during election periods.
  • Council employees;
    • Chief Executive Officer;
    • Employment of senior officers;
    • Conduct of employees;
    • Equal employment;
    • Long service leave;
    • Occupational health and safety; and
    • Financial assistance for employees.
  • Governing local laws;
    • Local law-making procedures;
  • Planning and policy development;
    • Annual reports;
    • Strategic resource plans;
    • Preparing the annual budget;
    • Preparing the Council plan;
    • Tenders and procurement;
    • Transport planning;
    • Environmental upgrades;
    • Disability planning; and
    • Best value principles.
  • Complaint resolution and councillor misconduct;
    • Internal resolution procedures;
    • Councillor conduct panels;
    • Management of complaints about the Chief Executive Officer;
    • VCAT proceedings resulting from councillor misconduct;
    • Chief Municipal Inspector;
    • Municipal monitors; and
    • Commissioner inquiries.
  • Integrity;
    • Protected disclosures;
    • Independent broad-based anti-corruption commission;
    • Victorian Ombudsman; and
    • The Victorian Inspectorate.
  • Access to information and privacy;
    • Public access to council documents and freedom of information;
    • Health records;
    • Information privacy principles; and
    • Responding to data requests.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of governance, administration and integrity may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module.

The GOVERNANCE, ADMINISTRATION AND INTEGRITY sub module provides comprehensive coverage of the legal obligations of local government entities managing governance, administration and integrity. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of governance, administration and integrity who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Land Use, Planning, Development and Building Control

The LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module informs Victorian local government entities and their employees of their duties and legal obligations related to land use, planning, development and building control within the designated local government area including reporting, notification and all regulatory obligations.

The  LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing land use, planning, development and building control in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module covers some sources of local government general obligations including;

  • Local Government Act 1989 (VIC); and
  • Public Health and Wellbeing Act 2008 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government land use, planning, development and building control, including;

  • Building Act 1993 (VIC);
  • Building Regulations 2018 (VIC);
  • Essential Services Commission Act 2001 (VIC);
  • Road Management Act 2004 (VIC);
  • Local Government (Planning and Reporting) Regulations 2014 (VIC);
  • Local Government (General) Regulations 2015 (VIC);
  • Sale of Land Act 1962 (VIC);
  • Electronic Transactions (Victoria) Act 2000 (VIC);
  • Planning and Environment Act 1987 (VIC);
  • Planning and Environment Regulations 2015 (VIC);
  • Planning and Environment (Fees) Regulations 2016 (VIC);
  • Victorian Civil and Administrative Tribunal Act 1998 (VIC);
  • Heritage Act 2017 (VIC);
  • Heritage (Underwater Cultural Heritage) Regulations 2017 (VIC);
  • Conservation, Forrests and Lands Act 1987 (VIC);
  • Information Privacy Act 2000 (VIC);
  • Victorian Planning Provisions;
  • Victorian Planning Authority Act 2017 (VIC);
  • Subdivision Act 1988 (VIC); and
  • Ombudsman Act 1973 (VIC).

The LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module covers the obligations on Victorian local government entities through the provision of information on the following topic and sub-topic areas;

  • Regulations for the use and development of land;
    • Planning schemes;
    • Victorian planning provisions;
    • Municipal strategic statements;
    • Council plans;
    • Local planning policy framework;
    • Amendments to planning schemes;
    • Administration of planning schemes;
    • Enforcement of planning schemes; and
    • Requirement for entering into land agreements.
  • Land use and development;
    • Zoning;
    • Procedure for imposing development contributions;
    • Compulsory acquisition;
    • Compensation and expenses; and
    • Powers of entry and temporary occupation.
  • Planning permits;
    • Consent for developments;
    • Managing applications;
    • Assessment of applications;
    • Processes;
    • Considering objectors; and
    • Providing notification to referral authorities.
  • Certificates, reports and registrations;
    • Land information certificates;
    • Certificates of compliance;
    • Planning certificates;
    • Council commissioned reports;
    • Council reports; and
    • Registration of certain businesses.
  • Inspections;
    • Municipal building surveyor;
    • Land and buildings;
    • Powers of entry; and
    • Complaints of nuisance.
  • Subdivision;
    • Referral authorities;
    • Certification of plans;
    • Statements of compliance;
    • Notification of levy requirements; and
    • Registry requirements.
  • Serving notice of;
    • Applications;
    • Granting or refusing planning permit applications;
    • Amendments;
    • Building permits; and
    • Cancellation or amendment of a permit.
  • Managing council assets;
    • The strategic resource plan;
    • Managing and maintaining buildings;
    • Financial; and
    • Insurance.
  • Road management;
    • Plans; and
    • Traffic.
  • Council rates and charges;
    • Land rates and municipal charges;
    • Special rates and special charges; and
    • Payments of rates and charges.
  • Conservation management;
    • Environmental impact;
    • Land care;
    • Sustainability;
    • Emergency management; and
    • Bilateral agreements.
  • Heritage;
    • Register;
    • Management plans;
    • Aboriginal heritage and cultural preservation;
    • Native title; and
    • Cultural heritage.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria, there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to land use, planning, development and building control may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the  LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module.

The  LAND USE, PLANNING, DEVELOPMENT AND BUILDING CONTROL sub module provides comprehensive coverage of the legal obligations of local government entities managing land use, planning, development and building control.  The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of land use, planning, development and building control who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Local Government Finance

The LOCAL GOVERNMENT FINANCE sub module informs Victorian local government entities and their employees of their duties and legal obligations related to local government finance within the designated local government area including reporting, notification and all regulatory obligations.

The LOCAL GOVERNMENT FINANCE sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing local government finance in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The LOCAL GOVERNMENT FINANCE sub module covers some sources of local government general obligations including;

  • Local Government Act 1989 (VIC);
  • Fair Work Act 2009 (Cth); and
  • Independent Broad-Based Anti-Corruption Commission Act 2011 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government management of local government finance including;

  • Asset Management Accountability Framework;
  • Financial Management Act 1994 (VIC);
  • Financial Management Regulations 2014 (VIC);
  • Standing Directions of the Minister for Finance 2016;
  • Local Government (Planning and Reporting) Regulations 2014;
  • Local Government (Finance and Reporting) Regulations 2004 (VIC);
  • Local Government (Long Service Leave) Regulations 2012 (VIC);
  • Victorian Government Risk Management Framework;
  • Australian Accounting Standards Board (AASB) 16 Leases;
  • Australian Accounting Standards Board (AASB)119 Employee Benefits;
  • Banking Act 1959 (Cth);
  • Magistrates’ Court Act 1989 (VIC);
  • Local Government (General) Regulations 2015;
  • Penalty Interest Rates Act 1983 (VIC);
  • Freedom of Information Act 1982 (VIC);
  • Payroll Tax Act 2007 (VIC);
  • Transport (Compliance and Miscellaneous) Act 1983 (VIC);
  • Valuation of Land Act 1960 (VIC);
  • Valuation of Land Regulations 2014 (VIC)
  • Veterans’ Act 2005 (VIC);
  • Veterans’ Entitlements Act 1986 (Cth);
  • Housing Act 1983 (VIC);
  • Electricity Industry Act 2000 (VIC);
  • Victorian Plantations Corporation Act 1993 (VIC);
  • Subdivision Act 1988 (VIC);
  • Retirement Villages Act 1986 (VIC);
  • Social Security Act 1991 (Cth);
  • State Concessions Act 2004 (VIC); and
  • Ombudsman Act 1973 (VIC).

The LOCAL GOVERNMENT FINANCE sub module covers the obligations on Victorian local government entities through the provision of considered advice and information on the following topic and sub-topic areas;

  • Financial reporting and record keeping;
    • Council plan;
    • Strategic resource plan;
    • Model financial statements;
    • Preparation and submission of budgets;
    • Budget revisions;
    • Budget model financial statements;
    • Preparation and submission of annual reports;
    • Contents of the annual report;
    • Annual report model financial statements;
    • Quarterly statements;
    • Accountability and reporting;
    • Inspection of records and information; and
    • Assets register and risk management strategies.
  • Borrowing;
    • Power to borrow;
    • Permitted usage of borrowed funds; and
    • Entering loan agreements.
  • Providing security when borrowing;
    • Ensuring borrowed funds are appropriately secured; and
    • Dealing with security holders.
  • Advance by overdraft;
    • Secured over rates and charges; and
    • Secured over assets and income.
  • Investments;
    • Investment and entrepreneurial powers; and
    • Risk assessment procedure.
  • Long service leave entitlements;
    • Recognised service; and
    • Transfer of entitlements between councils.
  • The provision of financial assistance for environmental upgrade agreements.
  • Councillors and candidate accepting donations, funds and gifts.
  • Calculation and declaration of rates and charges;
    • The valuation of rateable land;
    • Rate caps;
    • Declaring general rates;
    • Municipal charges;
    • Special rates and special charges; and
    • Services rates and service charges.
  • Levying rates and charges;
    • Persons liable; and
    • Land becoming or ceasing to be rateable.
  • Collection of rates and charges;
    • Lump sum payments and instalment plans;
    • Waiver and deferral of payments;
    • Adjustments and excess funds; and
    • Recover of unpaid rates and charges.
  • Concession and rebates for rates and charges;
    • Granting a rebate or concession; and
    • Providing notice of noncompliance with concession and rebate terms and application of penalty interest.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria, there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The LOCAL GOVERNMENT FINANCE sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of local government finance may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the LOCAL GOVERNMENT FINANCE sub module.

The LOCAL GOVERNMENT FINANCE sub module provides comprehensive coverage of the legal obligations of local government entities managing local government finance. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of local management finance who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Management of Public Lands and Property

The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module informs Victorian local government entities and their employees of their duties and legal obligations related to the management of public lands and property within the designated local government area including reporting, notification and all regulatory obligations.

The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing public lands and property in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module covers some sources of local government general obligations including;

  • Local Government Act 1989 (VIC);
  • Public Health and Wellbeing Act 2008 (VIC); and
  • Public Health and Wellbeing Regulations 2009 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government management of public lands and property including;

  • Cemeteries and Crematoria Act 2003 (VIC);
  • Cemeteries and Crematoria Regulations 2015 (VIC);
  • Coastal Management Act 1995 (VIC);
  • Environmental Protection Act 1970 (VIC);
  • Crown Land (Reserves) Act 1978 (VIC);
  • Disability Act 2006 (VIC);
  • Electronic Transactions (Victoria) Act 2000 (VIC);
  • Equal Opportunity Act 2010 (VIC);
  • Graffiti Prevention Act 2001 (VIC);
  • Infringements Act 2006 (VIC);
  • Infringements Regulations 2016 (VIC);
  • Land Act 1958 (VIC);
  • Libraries Act 1988 (VIC);
  • Planning and Environment Act 1987 (VIC);
  • Port Management Act 1995 (VIC);
  • Port Management (Local Ports) Regulations 2015 (VIC);
  • Retail Leases Act 2003 (VIC);
  • Road Safety Act 1986 (VIC);
  • Road Safety (General) Regulations 2009 (VIC);
  • Water Act 1989 (VIC);
  • Water (Trade Waste) Regulations 2014 (VIC);
  • Ministerial Direction No 1; Potentially Contaminated Land;
  • State Environment Protection Policy (Prevention and Management of Contaminated Land);
  • Victoria Planning Provisions;
  • Valuation of Land Act 1960 (VIC);
  • Subdivision Act 1988 (VIC); and
  • Ombudsman Act 1973 (VIC).

The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module covers the obligations on Victorian local government entities through the provision of considered advice and information on the following topic and sub-topic areas;

  • Reserved crown land;
    • Council as trustee of reserved crown land;
    • Committees of management for reserved crown land; and
    • Reserved crown land vested in a council.
  • Management of reserved crown land;
    • Licensing of reserved crown land;
    • Leasing of reserved crown land;
    • Retail leases and reserved crown land;
    • Other uses of reserved crown land;
    • Tour operator licences; and
    • Planning permit processes and coastal management.
  • Open space land planning;
    • Design considerations and access to public open space land;
    • Amending planning schemes for the purposes of open space land;
    • Potentially contaminated land used for a public open space;
    • Development contribution plans;
    • Negotiated agreements with owners of private land;
    • Selling and leasing public open space land; and
    • Subdivision and open space land contributions.
  • Councils managing common lands.
  • Marinas and ports;
    • Managing local ports;
    • Permits;
    • Harbour masters; and
    • Safety and environment management plans.
  • Cemeteries and crematoria;
    • Management of public facilities;
    • Records;
    • Rights of interment;
    • Memorials, places of interment and buildings for ceremonies;
    • Disposition of human remains; and
    • Departmental enforcement and compliance.
  • The removal of graffiti visible from a public place.
  • Libraries;
    • Regional library corporations;
    • Plans;
    • Strategic resource plans;
    • Library purposes trusts; and
    • Surrender and transfer of library land.
  • Public swimming pools and aquatic facilities;
    • Maintenance and public health; and
    • Disposal of trade waste-water.
  • Parking on municipal land;
    • Council powers over parking and traffic;
    • Parking offences and infringements;
    • Issuing infringement notices and penalty payment plans;
    • Parking on reserved crown land.
  • Remedial works;
    • Prevention and management of contamination and pollution;
    • Environmental notices;
    • Notification to potential occupiers; and
    • Enforceable undertakings, court orders and injunctions.
  • Cost recovery for Council services and facilities;
    • Fees and charges.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria, there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent recurrence of the failure.  The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of public lands and property may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module.

The MANAGEMENT OF PUBLIC LANDS AND PROPERTY sub module provides comprehensive coverage of the legal obligations of local government entities managing public lands and property. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of public lands and property who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Public Health and Other Community Services

The PUBLIC HEALTH AND OTHER COMMUNITY SERVICES sub module informs Victorian local government entities and their employees of their duties and legal obligations related to public health and other community services within the designated local government area including reporting, notification and all regulatory obligations.

The PUBLIC HEALTH AND OTHER COMMUNITY SERVICES sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing public health and other community services in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

The legislative and regulatory basis of obligations covered by the module include the following Commonwealth and Victorian state acts as well as related rules, regulations and designated regulatory bodies.  The main acts governing Victorian local government regulation of public health and other community services are;

  • Public Health and Wellbeing Act 2008 (VIC);
    • Provides a comprehensive framework for the management of health and wellbeing in the community;
  • The Victorian Department of Health.

In conjunction with these primary legislative sources of obligations there are also numerous additional sources of obligations that operate together to govern Victorian local government management of public health and other community services including;

  • Local Government Act 1989 (VIC);
  • Emergency Management Act 1986 (VIC);
  • Food Act 1984 (VIC);
  • Environment Protection Act 1970 (VIC); and
  • Environment Protection (Residential Noise) Regulations 2008 (VIC).

The specific public health and other community services obligation areas for Victorian local government that are comprehensively covered by the module include;

  • Public health administration and planning;
    • Municipal plans;
    • Management principles;
    • Environmental health officers;
    • Improvement and prohibition notices;
    • Review of decisions; and
    • Infringements.
  • Authorised officers;
    • Powers of entry;
    • Search warrants;
    • Powers after entry;
    • Seizure of items; and
    • Public health risk powers.
  • Prescribed accommodation and registered businesses;
    • Registration of businesses;
    • Council registration powers; and
    • Rooming houses.
  • Environmental health officers investigating nuisances such as unreasonable noise.
  • Regulation of food services;
    • Safety orders;
    • Powers of authorised officers;
    • Food samples;
    • Seizure and detention of items;
    • Council audits;
    • Council directions;
    • Registration of premises;
    • Annual inspections;
    • Record and certificate of registration;
    • Revocation or suspension of registration;
    • Register of convictions;
    • Secrecy and confidentiality;
    • Infringement notices;
    • Food safety local laws prohibition;
    • Memorandum of understanding; and
    • Safe drinking water.
  • Tobacco regulation;
    • Inspectors;
    • Powers to enter and search;
    • Childcare premises;
    • Search warrants;
    • Seizure and return of items;
    • Confidentiality; and
    • Infringement notices.
  • Municipal emergency management plan, powers and audits.
  • Disability services;
    • Action plans; and
    • Discriminations.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria there may be a further obligations to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The PUBLIC HEALTH AND OTHER COMMUNITY SERVICES sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to the management of public health and other community services may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the PUBLIC HEALTH AND OTHER COMMUNITY SERVICES sub module.

The PUBLIC HEALTH AND OTHER COMMUNITY SERVICES sub module provides comprehensive coverage of the legal obligations of local government entities managing public health and other community services. The module does not cover the procedures or processes to be followed by individuals or entities relying on local government public health and other community services who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Roads and Infrastructure Management

The ROADS AND INFRASTRUCTURE MANAGEMENT sub module informs Victorian local government entities and their employees of their duties and legal obligations related to roads and infrastructure management within the designated local government area including reporting, notification and all regulatory obligations.

The ROADS AND INFRASTRUCTURE MANAGEMENT sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing roads and infrastructure in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The ROADS AND INFRASTRUCTURE MANAGEMENT sub module covers some sources of local government general obligations including;

  • Local Government Act 1989 (VIC); and
  • Ombudsman Act 1973 (VIC).

In addition to the general local government obligations the module also covers legislative and regulatory sources of obligations that are more specific to local government roads and infrastructure management, including;

  • Occupational Health and Safety Act 2004 (VIC);
  • Road Management Act 2004 (VIC);
  • Road Management (General) Regulations 2016 (VIC);
  • Privacy and Data Protection Act 2014 (VIC); and
  • Public Records Act 1973 (VIC).

The ROADS AND INFRASTRUCTURE MANAGEMENT sub module covers the obligations on Victorian local government entities through the provision of considered advice and information on the following topic and sub-topic areas;

  • Road management;
    • The role of a road authority;
    • Road management plans;
    • Reviewing of road management plans; and
    • Road hierarchies.
    • Agreements with other road authorities or organisations;
  • Provision, maintenance and altering of roads;
    • Inspection, maintenance and repair of public roads;
    • Amending road properties; and
    • Discretionary powers.
  • Council duties and powers in relation to road and non-road infrastructure;
    • Transport system objectives;
    • Decision making principles;
    • Duties of the Council as infrastructure and works manager;
    • Specific duties of infrastructure managers and works managers;
    • The taking of road materials;
    • Working near rail infrastructure; and
    • Working on bus stops.
  • Non-road infrastructure;
    • Street lighting; and
    • Sewers and drainage.
  • Traffic management;
    • Plans;
    • Traffic control devices; and
    • Municipal parking.
  • Report and record keeping;
    • Register of public roads; and
    • Notice of incidents.
  • Accountability;
    • Audits;
    • Best value principles; and
    • Codes of practice.
  • Occupational health and safety;
    • Construction sites;
    • High risk construction sites;
    • Consultation with employees;
    • Principal contractors;
    • Co-ordination plans; and
    • Induction cards.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria, there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The ROADS AND INFRASTRUCTURE MANAGEMENT sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to roads and infrastructure management may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the ROADS AND INFRASTRUCTURE MANAGEMENT sub module.

The ROADS AND INFRASTRUCTURE MANAGEMENT sub module provides comprehensive coverage of the legal obligations of local government entities managing roads and infrastructure.  The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of roads and infrastructure who have suffered damages or losses due to breaches of obligations by Victorian local government entities.


Waste, Water and Environmental Management

The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module informs Victorian local government entities and their employees of their duties and legal obligations related to waste, water and environmental management within the designated local government area including reporting, notification and all regulatory obligations.

The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module covers all obligations and regulations derived from Commonwealth and Victorian state legislation of Victorian local government entities managing waste, water and environment in their local government area.  The module provides the practical assistance and guidance to ensure these obligations are complied with by demonstrating the establishment and maintenance of best practice processes.  The module also covers potential exemptions to the obligations, where applicable, and how they may or may not apply in particular instances and circumstances. 

There are general obligations that Victorian local government entities should be complying with.  The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module covers some sources of general local government obligations including;

  • Local Government Act 1989 (VIC);
  • Public Health and Well Being Act 2008 (VIC);
  • Public Administration Act 2004 (VIC);
  • Local Government (General) Regulations 2015 (VIC);
  • Local Government (Planning and Reporting) Regulations 2014 (VIC);
  • Victoria Civil and Administrative Tribunal Act 1998 (VIC);
  • Electronic Transactions Act 2000 (VIC);
  • Monetary Units Act 2004 (VIC);
  • Unclaimed Money Act 2008 (VIC);
  • Unclaimed Money Regulations 2009 (VIC);
  • Victoria Grants Commission Act 1976 (VIC);
  • Penalty Interest Rates Act 1983 (VIC); and
  • Ombudsman Act 1973 (VIC).

In addition the module also covers commonwealth and state legislative and regulatory sources of obligations that are more specific to local government waste, water and environmental management, including;

  • Australian Biodiversity Conservation Strategy 2010-2030;
  • Planning and Environment Act 1987 (VIC);
  • Planning and Environment Regulations 2015 (VIC);
  • National Environment Protection (Ambient Air Quality) Measure (Cth);
  • Productive Commission Act 1998 (Cth);
  • Water Act 2007 (Cth);
  • Water Act 1989 (VIC);
  • Aboriginal Heritage Act 2006 (Cth);
  • Catchment and Land Protection Act 1994 (VIC);
  • Conservation, Forests and Lands Act 1987 (VIC);
  • Environmental Protection Act 1970 (VIC);
  • Environment Protection (Fees) Regulations 2012 (VIC);
  • Environmental Protection (Industrial Waste Resource) Regulations 2009 (VIC);
  • Environmental Protection (Residential Noise) Regulations 2008 (VIC);
  • Environmental Protection (Scheduled Premises) Regulations 2017 (VIC);
  • Environmental Protection (Vehicle Emissions) Regulations 2013 (VIC);
  • Essential Services Commission Act 2001 (VIC);
  • Flora and Fauna Guarantee Act 1988 (VIC);
  • Flora and Fauna Guarantee Regulations 2011 (VIC);
  • Impounding of Livestock Act 1994 (VIC);
  • Livestock Disease Control Act 1994 (VIC);
  • Livestock Disease Control Regulations 2017 (VIC);
  • Livestock Management Act 2010 (VIC);
  • Livestock Management Regulations 2011 (VIC);
  • Mineral Resources (Sustainable Development) Act 1990 (VIC);
  • Murray-Darling Basin Act 1993 (VIC);
  • National Parks Act 1975 (VIC);
  • Plant Biosecurity Act 2010 (VIC);
  • Prevention of Cruelty to Animals Act 1986 (VIC);
  • Traditional Owner Settlement Act 2010 (VIC);
  • Wildlife Act 1975 (VIC);
  • State Environment Protection Policy (Air Quality Management) (VIC); and
  • State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) (VIC).

The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module covers the obligations on Victorian local government entities through the provision of considered advice and information on the following topic and sub-topic areas;

  • Development of biodiversity and conservation policies and strategies;
    • The Victorian flora and fauna guarantee strategy;
    • Strategy plans and strategy plan amendments; and
    • National environmental biosecurity response agreement.
  • Waste collection;
    • Services;
    • Notifiable chemical orders;
    • Policies;
    • Regional waste and resource recovery implementation plan; and
    • Waste forums.
  • Waste disposal;
    • Solid and industrial waste;
    • Hazard categorisation and management;
    • Transport and disposal of prescribed waste;
    • Litter;
    • Landfill facility levies;
    • Landfill licence fees and accreditations;
    • Environmental management systems;
    • Environmental audits, investigations and annual performance statements;
    • Environmental improvement plans; and
    • Neighbourhood environment improvement plans.
  • Waste-water management;
    • Risk assessment of discharges to waterways;
    • Management of land in conjunction with water and sewerage authority services;
    • Disinfection;
    • Use of reclaimed water in times of drought;
    • Biosolids management;
    • Septic tank systems; and
    • Storm water and drainage.
  • Water management;
    • Approved water schemes;
    • Environmental upgrade finance agreements;
    • Regional catchment strategy;
    • Special area plans and land use conditions;
    • Environmental health officers; and
    • Protection areas.
  • Water charges;
    • Service rates and charges;
    • Murray-Darling basin agreement and basin water; and
    • Market rules.
  • Management of roadside weeds and pests;
    • Plans;
    • Detection and eradication; and
    • Australia wide strategy.
  • Waterway management controls;
    • Invasive species;
    • Strategies;
    • Regional floodplain plans;
    • Regional riparian action plans; and
    • Drainage schemes.
  • Noise pollution controls;
    • Residential construction and renovation;
    • Road works and major infrastructure;
    • Commercial and industrial; and
    • Large development and construction sites.
  • Air pollution controls;
    • Air quality standards;
    • Ambient air quality; and
    • Vehicle emissions.
  • Management of domestic animals;
    • Plans;
    • Register of dogs and cats;
    • Registration numbers, certificates and identification markers;
    • Permitted presence of dogs and cats;
    • Dangerous, menacing and restricted breed dogs;
    • Animal shelters;
    • Domestic animal businesses;
    • Powers of seizure;
    • Powers of sale; and
    • Disposal of cats and dogs.
  • Livestock disease control through impounding of livestock.
  • Flora and fauna management plans, agreements, action statements and control measures.

If the Victorian local government entity has failed to meet its legal obligations to the community or the state of Victoria, there may be a further obligation to communicate this failure to the affected parties and take every reasonable step to prevent reoccurrence of the failure.  The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module covers remedial actions designed to ensure compliance with legal obligations and demonstrates specific actions recommended to Victorian local government entities designed to avoid breaches or further failures.

Continued or systemic failure to meet legal obligations in relation to waste, water and environmental management may result in the imposition of significant legal consequences. Penalties that apply to the local government body are, in some cases, also applicable to authorised persons who permitted or were complicit in the commission of the offence. Such penalties can include substantial pecuniary fines as well as criminal penalties resulting in imprisonment. The range of specific consequences that may be imposed in specific circumstances are covered in detail in the WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module.

The WASTE, WATER AND ENVIRONMENTAL MANAGEMENT sub module provides comprehensive coverage of the legal obligations of local government entities managing waste, water and environment.  The module does not cover the procedures or processes to be followed by individuals or entities relying on local government management of waste, water and environment who have suffered damages or losses due to breaches of obligations by Victorian local government entities.

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