The Local Government Act gives Victorian councils the power to create local laws within their municipality. Local Laws are designed to protect and enhance public health, safety and amenity of the municipality and its residents and visitors. Councils use local laws to respond to issues and community needs. The local laws complement the responsibilities and powers under both state and federal laws.

Council has the ability to amend the existing Local Law in response to community needs.

We have received reports and heard concerns from community members about the feeding of wild birds in Merri-bek. This activity is an issue because it can lead to:

  • Health concerns for people
  • Poor health for wild birds
  • Property and infrastructure damage
  • Decline in community aesthetics and
  • Negative impact on the enjoyment of public places and people’s place of residence.

The purpose of this proposed Local Law is to amend Council’s General Local Law 2018 by revising the regulation of:

a) feeding of birds on private property; and
b) feeding of birds on public land.

Proposed amendments

Immediately after clause 5.13 of the General Local Law insert:

Feeding of birds on private property

5.14 An occupier of private property must not:

(a) feed or continue to feed; or
(b) allow or cause to be fed any bird on that private property if:

(i) that bird is not ordinarily kept on the private property; and

(ii) the circumstances in which the bird is fed are likely to or do interfere with the material comfort of any other person or with a person’s use and enjoyment of land they own or occupy.

5.15 An Authorised Officer may direct a person on any road, public place or Council land not to:

(a) feed or continue to feed; or

(b) allow or cause to be fed any bird on that road, public place or Council land.

5.16 A person to whom a direction by an Authorised Officer under Clause 5.15 must comply with that direction.

In clause 1.10 of the General Local Law, immediately after the definition of “prescribe” insert:

Private property means land other than Council land and land occupied, managed or controlled by a public authority.

  1. Set the infringement penalty units for new clauses 5.14 and 5.16 at 3.5 penalty units which is consistent with the other penalty units in Part 5 of the General Local Law. It should be noted that penalty units set under a local law made under the Local Government Act 1989 are capped at $100 per penalty unit, penalty units set under a local law made under the Local Government Act 2020 are at the value determined each year by the State Government through the Calculated Penalties Table and the penalty unit value process.
  2. In the table in Schedule 1 to the General Local Law, immediately after the penalty fixed for “5.13 Conduct a commercial enterprise without a permit” insert:

5.14

Feeding of birds on private property

3.5

5.16

Failure to comply with a direction given by an Authorised Officer under clause 5.15.

3.5

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