Find permits, services and guides relating to parking, roads and footpaths
Report an issue with a tree on public land
You can report a tree or tree branch that is obstructing the road, footpath or is in danger of falling or causing damage.
Apply for works, drainage and stormwater connection permit
You will need a Works and Drainage Permit (WDP) to undertake works that impact Manningham’s assets.
Report a blocked or damaged street drain
We are responsible for an extensive network of underground drains that prevent storm-water run-off from impacting property, footpaths and roads.
Drainage projects design and construction
Find out how we're improving drainage and flood mitigation.
Footpath maintenance and construction
Find out about new path projects in Manningham including footpaths, shared paths and shared trails.
Street sweeping
We are responsible for maintaining 608km of local roads within Manningham. Find out more about our street sweeping program.
Can't find what you're looking for?
You will need a Works and Drainage Permit (WDP) to undertake works that impact Manningham’s assets.
Manningham's assets are generally located on public land beyond the property boundary and can include:
- private property connections
- stormwater Connection
- water works
- sewer works
- gas works
- electricity works
- communication works
- larger scale utility works along a street
- geotechnical investigations
- other types of works.
A permit makes sure all completed works is to a suitable standard and that members of the public are safe at all times.
Works that need a permit
You will need a WDP if you are planning on doing any work on any of the assets listed above. This can include stormwater and general utility connection works for the following:
- private property connections
- larger scale utility works along a street
- geotechnical investigations
- other types of works.
Stormwater and drainage connection work
Only a qualified plumber can do any water tapping and stormwater drainage connection work.
With a stormwater connection, you will also need approval and an inspection.
The applicant is responsible for public safety and traffic management
The applicant is responsible for managing public safety if applying for the permit. They are also responsible for reinstating Manningham’s assets to our standards following the works. There might be a requirement for an applicant to produce traffic management plans before permit approval.
Apply for a permit before starting works
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You will need to apply for a WDP for all stormwater drainage connections before commencing any drainage connections.
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You will a WDP before connecting a drain on private property to Manningham’s drains. Our drains include underground drains which share a common boundary with roads or are within easements on private property.
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If you are planning to undertake works within a road, easement, footpath, nature strip or reserve we manage, you will need to get a WDP before starting.
You should apply for a WDP at least 10 business days before you plan to start the works.
The permit fee is $370. We will issue an invoice after completing an initial assessment of the application. You are not required to pay up front.
After receiving an application
After receiving your application and the documents, plans or drawings we require, we will make an assessment. We will also prepare the permit conditions. If we need further information, we will ask by email.
It may take up to 10 business days for us to email you an invoice. The permit approval will be sent after you’ve paid.
If you are no longer doing any work requiring a WDP, contact us to cancel your application or permit. If you have already made a payment and do not intend on doing the works, we will give you a refund.
Any work on a road reserve will need contacting a coordinating road authority
You will need to contact the relevant coordinating road authority (CRA) before any work on a road reserve. The CRA will vary depending on whether the road reserve is under local, state or federal government control. To determine which CRA is relevant, contact us.
- Contact dial before you dig to find out if there are any utility services or infrastructure located below ground, either underneath or near your proposed works
- Code of practice for works within a road reserve
- A guide to working in the road reserve
- Companion to a guide to working in the road reserve brochure
- Consent to work on the road
You will need to include these in the site plan when applying.
When is traffic management needed?
If you are conducting works or events on or near the road, it is important to ensure that:
- other road users can continue to use the road safely
- there is minimal disruptions as far as possible.
If you are planning to conduct works or events that’ll impact traffic on our roads. This includes impacts on pedestrians, cyclists and general traffic, you will need to ensure that:
- you have given appropriate warning to other road users about the works
- you are protecting other road users from potential hazards.
Who needs to apply
You will need our consent if you require traffic control devices such as bollards or signage to manage traffic around your works or event.
Who doesn't need to apply
Works managers working for utility companies and public transport operators are pre-authorised to erect traffic control devices and don’t need our consent under traffic management regulations.
When do you need to apply?
Submit your application at least 10 business days before your planned works. This lets us process your application on time and also allows us to review and amend an application if required.
How much does it cost?
Fees apply for all applications.
- For full road closures, the fee is $125.
- For lane closures and other minor traffic management, the fee is $105.
After receiving your application, we will review your Traffic Management Plan and provide you with an invoice listing your payment options.
How to apply
To apply for consent you'll need:
- A completed application form.
- A suitable traffic management plan prepared by a qualified person or company.
- A copy of your Public Liability Insurance certificate of currency (minimum cover $20 Million).
Depending on your proposed traffic management and the impact on the road network, you may also need other documents, such as a detour plan or aftercare plan.
If your works or event impacts a Department of Transport (DoT) arterial road or requires major traffic control devices we can’t authorise, you’ll also need a Memorandum of Authorisation from DoT. You can find more info on DoT’s website.
We will require confirmation DoT has approved any traffic management on their roads.
After preparing your application, send the completed form with all necessary documents to us via email.
This application is only for consent to erect temporary control devices. Depending on your works, you might need other approvals.
What happens next?
Allow 10 business days for us to review your application and for any amendments that may be necessary. We will contact you if we need further information or amendments to your application.
How to cancel
Contact us to cancel your application.
Easements on private property are used for services such as drainage and sewerage.
Private construction over a Council easement needs approval.
When to apply for a building over easement
If you want to build any structure over an easement you need to apply for a building over easement (BOE).
How much does it cost?
The fee for a BOE application is one off time payment of $270.
How to apply
Apply online for a Build over an Easement and submit relevant documents with your application as listed below:
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Up to date copy of title to identify current owner and any mortgagees or encumbrances on the land.
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Yarra Valley Water consent to build over an easement. Contact Yarra Valley Water or call 1300 651 511.
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Plan of proposed works including site plan and elevation in either A3 or A4 size.
Apply for a build over easement s173 agreement
If you need a build over easement s173 agreement the preparation fee is $1,074.
How to cancel
Contact us if you need to cancel your application.
Along with VicRoads, we maintain roads and footpaths in Manningham to make sure they are safe and functional.
If you find an issue with one of our roads or footpaths, you can report it to us. We'll let you know if it's our road or VicRoad's.
Check what type of road or footpath you can report and where you can report it. If unsure, contact us.
Types of repairs we perform
- Pot holes.
- Damaged street furniture (bench seat).
- Sign posts (not light & telegraph poles).
- Damaged or uneven footpaths.
- Damaged or uneven kerb and channel.
- Damaged road surface (depressions, collapse, damaged speed humps).
How to report an issue
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Prepare the following information before you report:
- The location of the issue.
- The date and time of when the issue occurred.
- Historic details leading up to you reporting this issue.
- Your contact details if you want to be kept updated. Alternatively, you can remain anonymous.
- Other details that will assist us with your specific issue.
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Report the issue to us
You can make a report online, in person or over the phone.
What happens after you have reported an issue?
If the area is presenting an immediate danger, we will make it safe within 24 hours.
We will attend and repair the issue.
We will maintain the area in line with our footpath maintenance schedule.
Report online
When do you need a vehicle crossing permit?
A vehicle crossing is sometimes known as a driveway that is on Manningham land.
If you are planning on doing any of the following works to a vehicle crossing, you will need a permit:
- constructing a new vehicle crossing
- altering an existing vehicle crossing
- repairing a vehicle crossing
- replacing a vehicle crossing.
A vehicle crossing permit is to make sure you complete the works to the standards we require. A permit also ensures the works are safe.
Who can apply for a permit?
If you are planning to do works to a vehicle crossing, you will need to get a permit. An applicant can be:
- a homeowner
- a builder
- a concreter
- a developer.
The person who gets the permit is responsible for the works.
The permit application process
The permit application process takes approximately 10 to 15 business days. The approved permit is valid for 6 months from the date of issue.
How much does it cost?
The cost for an application is $315.
For any required re-inspection a fee of $182 applies.
You will receive an invoice after an initial assessment. You do not need to pay upfront.
You can pay using our online service. Just use the permit reference number VC or other payment options outlined on the invoice.
How to apply
Include as much detail as you can in your application and can include basic plans. This helps us understand what works you are doing.
After receiving your application, we will complete an assessment and prepare the permit conditions. We will contact you to discuss any problems with the proposed works.
You will receive an invoice for the application fee after submitting your form. You will get the invoice within 10 business days.
If there’s no issues, you will receive your permit a couple of days after paying the invoice.
For complex vehicle crossing works, the approval process may take longer.
To apply, download the application form and email it to us.
What happens next?
Once we have received your application form, this is the approval process:
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We will inspect the property and check the details of the proposed works.
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We will contact you if there are any issues.
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If there are no issues, we will send you an invoice for the permit fee.
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After paying the permit fee, we will send you the approved permit.
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You can start the works after receiving the approved permit. You will have 6 months to complete the works.
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We require you to book an inspection of the vehicle crossing works. You can find the inspection details on the approved permit.
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After completing the works, we will check the finished product.
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We will contact you to discuss any issues with the completed works.
What vehicle crossing standards do you have to follow?
We reserve the right to revoke permits at any time. We may also allow an extension before the permit expires. Extensions are generally only for a couple of weeks and are not always approved.
The vehicle crossing must conform to our standards, specifications and requirements. We will supervise the construction.
Vehicle crossings must be a minimum of 3 metres and a maximum of 4 metres in width, with 6 metre widths maximum in special circumstances. Unless, approved as part of a planning permit. You will find the exact details of approved works in the permit.
The number of vehicle crossings and widths of vehicle crossings allowed per property are in the table below.
Property frontage
|
1 vehicle crossing
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2 vehicle crossings
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---|---|---|
0 metres to 15 metres
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3 metres only
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Not permitted
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15 metres to 30 metres
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3 metres to 4 metres
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Not permitted
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30 metres to 60 metres
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3 metres to 4 metres
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3 metres each
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60+ metres (rural area)
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3 metres to 6 metres
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3 metres to 4 metres each
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How to cancel
Contact us if you want to cancel your application.
When do you need an access across reserves permit?
You need an access across reserves permit to get access to private property through an adjoining Council reserve or Council property for any building works or similar.
There are some reasons where we may not issue a permit depending on:
- seasonal conditions - we are less likely to approve a permit during winter as there is a higher likelihood of damage to our reserves and land or
- environmentally sensitive areas.
Who can apply?
The property owner and/or their contractor can apply for this permit.
How much does it cost?
The application fee is $156.00 (non-refundable)
You will also need to pay a refundable security deposit (minimum $250 to $2,000+)
How to apply
To apply for consent you will need:
- A completed application form:
- Supporting documentation
What happens next?
Allow 14 business days for us to review your application.
The following process once we receive your application:
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We will conduct inspections to determine the security deposit, refunds and damages.
We will advise you by email if your application is approved or not. If approved, we will issue a tax invoice for both the permit fee and the security deposit.
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You pay the tax invoice and security deposit.
The permit will be sent to you by email.
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Read the permit conditions carefully.
We may revoke the permit if conditions are not met and an infringement may be issue.
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Upon your advice, we will inspect the site after the work has ceased to determine if any reinstatement works are needed prior to releasing the refundable security deposit.
- If there is no damage and the inspection is signed off as satisfactory, we will return your security deposit. The security deposit is paid as a bank transfer into your nominated bank account.
- If any damage is noted, we will contact you to arrange reinstatement works. The permit-holder is responsible for all damage caused by works, and the damage must be reinstated to our satisfaction.
How to cancel
Contact us to cancel your application.
An infringement, also known as either a fine or a penalty notice, is issued when a law or regulation is broken to help protect the rights, amenity and well-being of the Manningham community.
What happens if you receive an infringement notice?
Find a list of options available to you if you have received a penalty notice.
Guiding legislations (LGA and our Local Law)
View information on Manningham’s Community Local Law (2023), a local law made under Part 5 of the Local Government Act (1989 ) and section 42 of the Domestic Animals Act 1994, that further describes infringements and fines.
What types of infringements are issued?
We issue infringements that relate to:
- parking breaches
- animal management
- health and wellbeing
- food safety
- environment
- signage
- planning
- asset protection.
Apply for public works (outfall drain)
You need to complete a public works (outfall drain) application for the following works:
- the construction of an outfall drain and/or general drainage works
- when you want to make changes to the existing engineering plans.
If there is a revision in engineering plans, you’ll need to submit them to us for re-approval. We may need to inspect the site again.
This applications relates to any engineering construction works required by a planning permit that, once completed, will be formally taken over by us for future maintenance purposes.
We calculate fees on a percentage of the proposed works.
If your development does not require a planning permit and you need to construct and outfall drain, please contact the City Infrastructure team for advice on how to proceed.
Apply for subdivision works fees and maintenance
You need to apply for a subdivision works fees and maintenance for any engineering construction subdivision works required by a planning permit that once completed, will be formally taken over by us for future maintenance purposes.
We calculate fees on a percentage of the proposed works, including any new development with significantly impervious areas.
Email us if you want to cancel your application.
What is onsite stormwater detention (OSD)?
If our existing drainage system can’t cope with an increase of runoff, an onsite drainage (OSD) system is a requirement of the planning process.
An OSD system helps retain stormwater onsite during heavy rainfall and releases water slowly through a constrained outlet. This limits peak discharge from the site.
Local developments that have the potential to increase stormwater runoff will generally need an OSD system.
How much does it cost?
The cost will be $550 to $1250. We base our fees on the number of units or apartments proposed on the plan.
Extra costs apply if you need to make changes to your OSD plans.
How to prepare your application
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Download the OSD Design checklist and OSD guidelines.
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Make sure you complete the design checklist correctly and that it is signed before submitting your OSD plans or OSD amended design plans.
How to apply for OSD approval
Apply online by selecting 'Apply now' below.
Make a change to your OSD plans
You will need to complete an OSD amendments application to make changes to existing engineering plans. You will need to complete the application for constructing an outfall drain and for general drainage works. You will also need to submit revised engineering plans for re-approval and we may need to reinspect the site.
The cost will be $312 to $880. We base our fees on the number of units or apartments proposed on the plan.
What happens next?
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We will notify you that we have received your application.
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We will send you an email once we have approved your plan. This can take between 4 to 12 weeks. We may ask for more information in the meantime.
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Once we have all the required information, we will assess your designs to check they are consistent with the legal point of discharge.
What you need to do after approval of your OSD plans
After receiving approval of an OSD system, you will also need approval to connect to our drains. The works and drainage permit is a requirement to connect into our drains and to do works on our road reserves or an easement.
Apply for a works and drainage permit
Get an inspection for your OSD system
Ask us to inspect your complete OSD system so you can be sure it complies with the approved designs.
Depending on the changes you need to make, we may charge you for another inspection.
We can only sign a Certificate of Occupancy after the OSD system passes inspection.
What if there is no Manningham drainage system servicing the property?
You can install drainage infrastructure to service your property.
Any stormwater management system shouldn’t cause adverse effects on nearby properties.
Contact us for advice.
How to cancel
Contact us to cancel your application.
Not all residents are entitled to Parking Permits.
In 2019 Council reviewed its parking permit policy. This policy clarifies who can obtain a permit to park within a residential parking zone.
Residential Parking Permits are valid for 12 months from the date of issue.
Residential parking permits will only be issued where the property is the applicant’s primary place of residence and not property owners (landlords) who lease their property out.
Residential Parking Permits will not be issued to properties not used for residential purposes (ie used solely for commercial or another non-residential purposes).
Permits are not transferrable between residents of different addresses.
Check your eligibility
To check if your property is entitled to a Residential Parking Permit enter your residential street address in the 'Apply now' link.
Where Residential Parking zones are located in the street, properties meeting the criteria contained within the table.
Number of dwellings | Parking Permit eligibility | Additional Permit eligibility | Maximum number permit eligibility |
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Single (detached dwelling (excluding multi dwelling development on a lot | Up to two (no fee) | One (fee applies) | Three |
Between two to four dwellings built prior to 23 April 2019 | One per dwelling (no fee) | Not eligible | One per dwelling |
Between two and four dwellings built after 23 April 2019 | One per dwelling (fee applies) | Not eligible | One per dwelling |
Five or more dwellings built after 23 April 2019 | Not eligible | Not eligible | Not eligible |
Five to nine dwellings built prior to 23 April 2019 | One per dwelling (fee applies) | Not eligible | One per dwelling |
Ten of more dwellings (excluding apartment development) that have been lawfully occupied prior to 23 April 2019 | One per dwelling (fee applies) | Not eligible |
One per dwelling |
Lost or stolen parking permits
If you have lost or had your permit stolen you will need to provide a Statutory Declaration and pay a fee.
You can apply for a new one online.
Need help?
Some Council managed carparks have limited trader parking available.
We will only issue a trading parking permit to either:
- an individual business
- a recognised traders association.
Permits will be issued for areas where trader parking restrictions apply and that we monitor.
We may not issue a permit to businesses that have access to off street parking for their business.
If you require a replacement Trader Permit for a lost or stolen permit you must provide a Statutory Declaration and pay a fee.
How to apply
Apply online, by post or in person.
Lost or stolen parking permits
If you have lost or had your permit stolen (except the accessible parking permit), you can apply for a new one online.
Need help?
We issue tradesperson permits for building works within an existing residential development.
The number of permits available is limited to a maximum of four permits at any one time.
A permit can only be issued for a period of up to 12 weeks and generally will not be renewed.
The tradesperson's vehicle permit will enable a vehicle to park in a residential parking zone between Monday and Friday 7.00am to 5.00pm (each day). Outside of these hours any existing parking controls will apply.
Permits are only valid when being used to complete on-site works at the property to which they are issued. They are not for private/personal use at any time.
Application can be made by:
- A resident of the property.
- The owner of the property (regardless of whether or not they are living at the property)
- The tradesperson who will be doing the works.
Where construction works are to take longer than 12 weeks, an application for the installation of a Work Zone should be applied for.
How to apply
Apply online, by post or in person.
Lost or stolen parking permits
If you have lost or had your permit stolen (except the accessible parking permit), you can apply for a new one online.
Need help?
We issue carer permits to a person or an organisation that provides care service.
A carer permit will exempt a vehicle:
- from time limited parking restrictions greater than 15 minutes
- within residential permit zones when delivering a care service.
Carer Permits are issued to an individual employed in the delivery of a care service or to an organisation that provides a care service between 6 and 12 months based on need of the recipient of the care service.
Individual carers
If you are employed by a care service or organisation and wish to apply for a permit.
Organisation carers
If you are an individual applying on behalf of a care service or organisation.
Lost or stolen parking permits
If you have lost or had your permit stolen (except the accessible parking permit), you can apply for a new one online.
Need help?
We may consider withdrawing a fine or penalty notice. However, we require supporting documentation that shows something unexpected has occurred.
To have an infringement (fine or penalty notice) assessed, you need to provide verifiable and independent supporting documentation to support your request.
Your application for review is unlikely to succeed if you have previously received an official warning for the same or a similar offence.
Alternatively you may request an internal review undertaken by Fines Victoria.
Grounds for appeal
To make a valid application for appeal you must establish and nominate at least one ground of review. You must be able to provide proof that your circumstances meet the criteria as set out below.
Contrary to law
The contrary to law ground can be used if a person believes that the decision to serve the infringement notice was unlawful. For example, this may arise where:
the infringement notice is not valid (for instance, it is incomplete, or it does not otherwise comply with the formal legal requirements for an infringement notice), or
an infringement officer has acted unlawfully, unfairly, improperly, or beyond their authority in taking that action or decision.
Note that the examples in this section are not exhaustive.
Applications for internal review that are made on the ground of contrary to law should (where appropriate) be accompanied with supporting evidence. This may include photographs of parking signage, witness statements or other evidence that goes to establishing facts.
For applications made on the grounds of contrary to law, the following options are available to the applicant if the application is refused:
- pay the infringement and any prescribed costs by the due date
- where an infringement offence involves additional steps and the enforcement agency confirms the decision, the applicant must pay the infringement and perform all the additional steps by either the end of the period specified in the infringement notice or within 14 days after the applicant has been sent advice of the outcome of the review
- apply to the enforcement agency for a payment plan
- apply to the Director, Fines Victoria for a payment arrangement
- elect to have the matter heard in Court (Magistrates’ or Children’s Court)
- make an application to the Director, Fines Victoria under the Family Violence Scheme, or
- if the person is eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on behalf of the applicant.
Mistake of identity
The mistake of identity ground is intended to apply where a person claims that they were not the person who committed the infringement offence.
Examples could include where the person claims:
- they are not the person named on the infringement notice
- they were not in the location at the time of the offence and therefore could not have committed the offence
- they have had their identity stolen.
This ground is not available in circumstances where the operator of a vehicle has been served with a traffic or parking infringement notice and they allege that they are not liable for the offence and cannot reasonably ascertain the identity of the person who was responsible for the offence. Such circumstances should be more appropriately addressed by lodging an unknown user nomination statement.
Applications for internal review on the ground of mistaken identity should (where appropriate) be accompanied by supporting evidence. Examples of supporting evidence for mistake of identity include the applicant’s birth certificate, driver’s licence or passport which shows:
- a different person than the one who received the infringement notice in the applicant’s name, or
- evidence that the applicant could not have committed the conduct because they could not have been in the relevant location.
An enforcement agency may make the following decision on reviewing an application for internal review based on the grounds of mistake of identity:
- confirm the decision to serve an infringement notice
- withdraw the infringement notice and serve an official warning
- withdraw the infringement notice
- withdraw the infringement notice and refer the matter to Court (Magistrates’ or Children’s Court, as applicable)
- in the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or other instrument establishing the offence
- waive all or any prescribed costs, or
- approve a payment plan.
In some cases, it may be appropriate to do a combination of the actions above, in so far as that is possible.
For applications made on the grounds of mistake of identity, the following options are available to the applicant if the application is refused:
- pay the infringement and any prescribed costs by the due date
- where an infringement offence involves additional steps and the enforcement agency confirms the decision, the applicant must pay the infringement and perform all the additional steps by either the end of the period specified in the infringement notice or within 14 days after the applicant has been sent advice of the outcome of the review
- apply to the enforcement agency for a payment plan
- apply to the Director, Fines Victoria for a payment arrangement
- elect to have the matter heard in Court (Magistrates’ or Children’s Court, as applicable)
- make an application to the Director, Fines Victoria under the Family Violence Scheme, or
- if the person is eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on behalf of the applicant.
Special circumstances
An applicant may lodge an internal review application on the ground that special circumstances apply to them.
This provision of the Infringements Act is designed to divert those with special circumstances from the infringements system at the earliest opportunity. This category was introduced in 2006 as:
‘A ground for seeking a review of a notice (is) that the person has ‘special circumstances’ that affected the behaviour at the time of the offence. This is a critical change to filter the vulnerable in the community out of the infringements system. People with special circumstances are disproportionately, and often irrevocably, caught up in the system...’
There are several categories of ‘special circumstances’ as defined in the legislation – further detail on those categories and the evidence which may be required to rely on each category is set out below. “Special circumstances” is practically and conceptually distinct from “exceptional circumstances”, discussed in Exceptional circumstances of these Guidelines.
The Infringements Act defines special circumstances in relation to a person as:
- a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity —
(i) to understand that conduct constitutes an offence; or
(ii) to control conduct that constitutes an offence; or - a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction contributes to the person having a significantly reduced capacity —
(i) to understand that conduct constitutes an offence; or
(ii) to control conduct which constitutes an offence; or - homelessness determined in accordance with the prescribed criteria (if any) where the homelessness contributes to the person having a significantly reduced capacity to control conduct which constitutes an offence; or
- family violence within the meaning of section 5 of the Family Violence Protection Act 2008 (External link) where the person is a victim of family violence and family violence contributes to the person having a significantly reduced capacity to control conduct which constitutes the offence
- circumstances experienced by the person that
(i) are long-term in nature; and
(ii) make it impracticable for the person to pay the infringement penalty and any applicable fees or otherwise deal with the infringement notice under this Act or the Fines Reform Act 2014 (External link); and
(iii) do not solely or predominantly relate to the person's financial circumstances.
These definitions are expanded upon below.
Mental disability, disorder, disease or illness
In accordance with section 4 of the Mental Health Act 2014 and the definition of ‘disability’ contained in the Disability Discrimination Act 1992 (Cth) a mental disability, disorder, or disease or illness means a diagnosed medical condition that is characterised by a disturbance of thought, mood, perception, or memory. This may include:
- a total or partial loss of a person’s mental functions, or
- a disorder, disease or illness that affects a person’s thought processes, perception of reality, emotions, or judgment, or that results in disturbed behaviour.
Examples of mental illnesses include, but are not limited to:
- bipolar disorder
- depression and anxiety
- psychosis
- schizophrenia
- severe mood disorder
- antisocial personality disorder
- borderline personality disorder
- post-traumatic stress disorder, and
- attention deficit and hyperactivity disorder.
Intellectual disability, disorder, or disease
In accordance with the definitions of ‘disability’ and ‘intellectual disability’ in section 3 of the Disability Act 2006 and the Disability Discrimination Act 1992 (Cth), an intellectual disability, disorder or disease means a disorder or malfunction that results in a person learning differently to a person without the disorder or malfunction. This includes:
- the coexistence of significant sub-average general intellectual functioning and significant deficits in adaptive behaviour, which became manifest before the age of 18 years, or
- cognitive impairment, including a neurological condition or acquired brain injury, or a combination of both, which:
is, or is likely to be, permanent, and
causes a substantially reduced capacity in at least one of the areas of self-care, self-management, or mobility.[46]
Examples of cognitive or intellectual disabilities include, but are not limited to:
- autism spectrum disorder
- dementia
- motor neurone disease
- Parkinson’s disease
- stroke
- Huntington’s disease, and
- acquired brain injury.
Serious addiction to drugs, alcohol or volatile substance
A person is considered to have a serious addiction to drugs, alcohol or volatile substances if that person has a maladaptive pattern of substance use leading to clinically significant impairment or distress, as manifested by three (or more) of the following, occurring any time in the same 12-month period:
- tolerance, as defined by either of the following:
a need for markedly increased amounts of the substance to achieve intoxication or the desired effect, or
markedly diminished effect with continued use of the same amount of the substance. - withdrawal, as manifested by either of the following:
the characteristic withdrawal syndrome for the substance, or
the same (or closely related) substance is taken to relieve or avoid withdrawal symptoms. - the substance is often taken in larger amounts or over a longer period than intended.
- there is a persistent desire or unsuccessful efforts to cut down or control substance use.
- a great deal of time is spent in activities necessary to obtain the substance, use the substance, or recover from its effects.
- important social, occupational, or recreational activities are given up or reduced because of substance use.
- the substance use is continued despite knowledge of having a persistent physical or psychological problem that is likely to have been caused or exacerbated by the substance (for example, current cocaine use despite recognition of cocaine-induced depression or continued drinking despite recognition that an ulcer was made worse by alcohol consumption).
Volatile substance – definition
Section 57 of the Drugs, Poisons and Controlled Substances Act 1981 defines volatile substances as:
- plastic solvent
- adhesive cement
- cleaning agent
- glue
- dope
- nail polish remover
- lighter fluid
- gasoline
- any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellant, or anaesthetic gas, and
- any substance declared volatile by the Governor in Council from time to time.
Homelessness
The criteria for determining if a person is homeless is prescribed by the Infringements Regulations.
A person is considered homeless if they —
- are living in crisis accommodation, or
- are living in transitional accommodation, or
- are living in any other accommodation provided under the Supported Accommodation Assistance Act 1994 (Cth), or
- have inadequate access to safe and secure housing as defined in section 4 of the Supported Accommodation Assistance Act 1994 (Cth).
Common examples include where a person is:
- without conventional accommodation, for instance, sleeping in parks or on the street, squatting, living in cars or in improvised dwellings
- moving from one form of temporary accommodation to another for example, refuges, emergency hostel accommodation, or temporary space in the homes of family and friends
- living in temporary accommodation because of unsafe living conditions (such as family violence) or inability to afford other housing
- living in a caravan park due to their inability to access other accommodation, or
- living in boarding houses on a medium to long-term basis.
Family violence
The definition of special circumstances includes a person who is a victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008 (FVPA).
‘Family violence’ is:
(a) behaviour by a person towards a family member of that person if that behaviour:
- (i) is physically or sexually abusive
- (ii) is emotionally or psychologically abusive
- (iii) is economically abusive
- (iv) is threatening
- (v) is coercive
- (vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person, or
(b) causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).
‘Family violence’ also includes the following behaviour:
- assaulting or causing personal injury to a family member or threatening to do so
- sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour
- intentionally damaging a family member’s property, or threatening to do so
- unlawfully depriving a family member of the family member’s liberty, or threatening to do so, or
- causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.
Behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.
The Royal Commission into Family Violence report,[49] tabled in Parliament on 30 March 2016, recognised the difficulties faced by victims within the infringements framework and considered that there are a range of car-related debt issues that arise in circumstances of family violence.
In making recommendations 112 and 113, the Royal Commission considered that family violence arose in circumstances where:
- victims committed infringement offences (including parking and traffic offences) while experiencing family violence (for example, escaping violence), or
- perpetrators of family violence incurred infringements while driving a vehicle registered in the victim’s name and the victim was unable to nominate due to safety fears.
Long term condition/circumstances making it impracticable to deal with the fine
A person will be considered to have conditions or circumstances which are long term in nature and which make it impracticable for them to pay or otherwise deal with the fine in a very narrow category of cases.
This sub-ground of ‘special circumstances’ is intended to apply only to a very small cohort of fine recipients who have long-term and extremely serious circumstances that:
- may not have been present at the time of offending, and
- are particularly disabling or incapacitating in nature, and
- result in the person being unable to pay or otherwise deal with their infringement fine.
The legislative test excludes any circumstances that solely or predominantly relate to the person's financial circumstances. The infringements system contains other mechanisms for dealing with financial hardship, including payment plans, payment arrangements and the work and development permit scheme.
Examples include but are not limited to:
- a person undergoing long term involuntary mental health care, for example a Community Treatment Order or a period of involuntary inpatient treatment, that makes them unable to attend courses, treatment, or counselling, or to pay
- a person with a severe physical or intellectual disability that makes them unable to attend courses, treatment, or counselling, or to pay
- people who are sleeping rough, isolated and highly transient, and are unlikely to resolve their circumstances in the foreseeable future, and are unable to deal with their fine in any way.
An enforcement agency may make the following decision upon reviewing an internal review based on special circumstances:
- confirm the decision to serve the infringement notice[56]
- withdraw the infringement notice and serve an official warning, or
- withdraw the infringement notice.
Enforcement agencies should also note the power under section 17 of the Infringements Act to refer a matter to the Magistrates’ Court. This power must be exercised before the fine is registered with the Director, Fines Victoria (or where it is a non-registerable matter before the expiry of the date for commencing proceedings).
This power does not apply to infringement notices relating to offences to which the provisions listed in section 17(2) apply. The legislation that establishes those offences has separate processes for referring those matters to court.
For infringement notices relating to alleged offences by children, agencies wishing to exercise this power must do so before an enforcement order is issued under Schedule 3 of the Children, Youth and Families Act 2005 (External link) Where the infringement notice matter cannot be registered under that Schedule, the time limit on exercising the power is before the expiry of the period for commencing proceedings in relation to that matter.
For applications made on the ground of special circumstances, the following options are available to the applicant where a decision maker refuses the application and confirms the infringement:[57]
- pay the infringement
- apply for a payment plan
- apply to the Director, Fines Victoria for a payment arrangement
- elect to have the matter heard in Court (Magistrates’ or Children’s Court, as appropriate),
- make an application to the Director, Fines Victoria under the Family Violence Scheme, or
- if the person is eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on behalf of the applicant.[58]
If an enforcement agency decides to refuse an application for internal review that has been made on the basis of special circumstances relating to family violence, the notification letter to the applicant should set out all the options available to the applicant, including their ability to apply to the Director, Fines Victoria under the Family Violence Scheme (FVS). See section 6.8: Family Violence Scheme (FVS) for further information about the FVS.
Exceptional circumstances
The exceptional circumstances ground provides decision makers with the discretion to determine whether the infringement is appropriate, taking into account the circumstances in which the offending conduct occurred.
Applications for internal review made on the grounds of exceptional circumstances should (where appropriate) be accompanied by supporting evidence.
Decision makers can take any matter a reasonable person would consider as relevant information into account.
Examples of supporting evidence could include:
- medical evidence from medical practitioners
- invoices or receipts
- statutory declarations or affidavits
- witness statements
- photographs
- travel documentation
- police statements or records.
An enforcement agency may make the following decision after reviewing an application for internal review based on the grounds of exceptional circumstances:
- confirm the decision to serve an infringement notice
- withdraw the infringement notice and serve an official warning
- withdraw the infringement notice
- withdraw the infringement notice and refer the matter to Court (Magistrates’ or Children’s Court, as appropriate)
- in the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or other instrument establishing the offence
- waive all or any prescribed costs, or
- approve a payment plan.
In some cases, it may be appropriate to do a combination of the actions above.
Financial hardship
While financial hardship is not a ground for review, enforcement agencies may consider such applications under the exceptional circumstances ground. It is open to enforcement agencies to implement an exceptional circumstances financial hardship policy. Alternatively, where a person is experiencing financial hardship and is unable to pay their outstanding fines, enforcement agencies should assist the applicant, where appropriate, to negotiate a payment plan.
A person is responsible for their infringement fine even if they have been declared, or are seeking to be declared, bankrupt. A person who is declared bankrupt retains their rights to deal with the infringement notice including submitting a nomination statement or applying for internal review.
When a company is experiencing financial difficulties, it may be placed into external administration or liquidation. Companies that are in liquidation or under external administration may apply for internal review of their infringement fines.
An enforcement agency may consider a person’s bankruptcy status, or a company’s financial status, as evidence of financial hardship. It is also open to an enforcement agency to include a person’s bankruptcy status or a company’s financial status as a relevant consideration in any internal financial hardship policy that the enforcement agency may choose to implement.
Enforcement agencies should also consider the following:
- For individuals: if an individual is experiencing financial hardship and is unable to pay their outstanding fines, enforcement agencies should assist the applicant, where appropriate, to negotiate a payment plan. It will be up to the review officer to decide whether a payment plan is appropriate in a bankrupt person’s particular circumstances.
- For companies in liquidation or companies under external administration: enforcement agencies should require that these applications for internal review may only be made by the liquidator or administrator.
Once an insolvent company is deregistered, it ceases to exist, and infringement fines cannot be recovered. Internal review officers should complete an online ASIC search on a company to determine the company’s registration status before processing any application in the name of a company. For more information, visit the ASIC website (External link)
Person unaware
This ground of internal review enables an applicant to lodge an internal review application on the ground that they were unaware of the infringement notice. Service of the notice must not have been by personal service.
An application made on the ground of ‘person unaware’ must:
- be made within 14 days of the applicant becoming aware of the infringement notice (a person may evidence the date they became aware of the infringement notice by executing a statutory declaration)
- be made in writing
- state the grounds on which the decision should be reviewed
- provide the applicant’s current address for service, and
- may only be made once in relation to any one infringement offence.
Applications for internal review made on the grounds of person unaware should (where appropriate) be accompanied by supporting evidence. For example, copies of date-stamped passports, boarding passes, removalist invoices and mail theft reports made to Victoria Police.
Where an enforcement agency grants an internal review application on the ground of person unaware, the applicant may:[62]
- pay the infringement
- apply for a payment plan
- apply to the Director, Fines Victoria for a payment arrangement
- apply for a review of the decision to serve an infringement offence under section 22(1)(a), (b) or (c) of the Infringements Act
- nominate another person for the infringement offence (in the case of traffic or parking offences)
- elect to have the matter heard in Court (Magistrates’ or Children’s Court, as appropriate),
- make an application to the Director, Fines Victoria under the Family Violence Scheme, or
- if the person is eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on their behalf.[63]
If an application on the ground of person unaware is refused, the applicant must pay the infringement amount and prescribed costs (within 14 days of receiving the refusal notice).[64] The applicant will have the same alternative payment options available to them as are available for other grounds of review (that is, payment plans or arrangements, court referral or work and development permits (if eligible).
Work and Development Permits (WDPs)
The Work and Development Permit (WDP) scheme commenced on 1 July 2017 to provide vulnerable and disadvantaged people with a non-financial option to address their fine debt. The WDP scheme is administered by the Director, Fines Victoria. A WDP allows an eligible person to work off their fine debt by participating in certain activities and treatment. Enforcement agencies are encouraged to promote this scheme to vulnerable community members.
A person must undertake a WDP under the supervision of a sponsor. A sponsor is an organisation or a health practitioner accredited by the Director, Fines Victoria to support the WDP scheme. Only a sponsor may apply to the Director, Fines Victoria for a WDP on behalf of an eligible person.
An organisation or a health practitioner may apply to become a WDP sponsor to assist their clients to deal with their fine debt and to encourage engagement with services. If an eligible person is already engaged with an organisation or a health practitioner that is not yet a WDP sponsor, the organisation or health practitioner can contact the WDP Team to get information about becoming a sponsor (see details below).
For more information, visit the Work and development permit scheme page, or contact the WDP team:
Email: WDP@justice.vic.gov.au (External link)
Phone: 1300 323 483
Hours: 9.00am to 4.00pm
Monday to Friday (except public holidays)
Family Violence Scheme (FVS)
The Family Violence Scheme (FVS) is a specialised scheme to support people affected by family violence within the fines system. The scheme is administered by the Director, Fines Victoria. The scheme allows people to apply to Fines Victoria to have their infringement fines withdrawn if family violence substantially contributed to the offence or if it is not safe for them to name the responsible person.
Agencies should inform applicants about the scheme if family violence is mentioned in their application.
To access the Family Violence Scheme, a person must:
- have been issued an infringement notice for an offence, and
- show they are a victim survivor of family violence, and
- how that the family violence substantially contributed to the person not being able to:
- control the conduct that constituted the offence, or
- nominate the driver that committed the offence in a car registered to the victim, or
- reject a nomination.
A person can apply to the Family Violence Scheme at any time from first receiving the fine until:
- the fine has been paid, or
- a seven-day notice served on the person has expired or been waived, or
- particular enforcement action has been taken against them.
To help decide if the FVS is a suitable option, a person may wish to seek legal advice from a lawyer or by contacting a local community legal centre via the Federation of Community Legal Centres (External link) or Victoria Legal Aid (External link)
For more information, visit the Work and development permit scheme page, or contact the FVS team:
Email: fvs@justice.vic.gov.au (External link)
Phone: 1300 019 983
Hours: 9.00am to 4.00pm
Monday to Friday (except public holidays)
Check common scenarios
Here are some common scenarios to check if we may or may not withdraw your infringement:
- This is your first infringement – can you get off with a warning?
An infringement will not be withdrawn under these circumstances. An honest mistake is not sufficient grounds for the fine to be withdrawn. - Your vehicle broke down
If your car broke down then you can apply for an infringement review, but you will need to supply supporting documentation such as a mechanics or towing or roadside assistance invoice to have your review considered. - You parked in a No Stopping area for only a short period of time
An infringement will not be withdrawn under these circumstances. This includes stopping for any reason including dropping or picking up children from school. - Your parking permit was not displayed correctly
If at the time of the infringement you had a current parking permit then you can apply for an infringement review provided you have not received a warning previously. You will need to supply proof of your parking permit as supporting documentation to have your review considered. - You did not understand or see the sign or understand the road rules
An infringement will not be withdrawn under these circumstances. There is an onus on a driver to understand the road rules. - You were not the driver
An infringement will not be withdrawn under these circumstances, however, you may nominate another driver to have the infringement reissued to the correct person. - You were dealing with a medical emergency
If a medical emergency occurred you will need to supply an official letter from the hospital or doctor confirming you were involved in a medical emergency at the time the fine was issued then you can apply for an infringement review. We will not withdraw fines where medical appointments were delayed or took longer than expected unless it was a medical emergency. - You cannot afford to pay this fine
An infringement will not be withdrawn under these circumstances, however, you may request a payment plan or an extension if you meet the criteria. - You did not register your pet
If your pet is registered with another Victorian Council, you will need to supply proof of registration as supporting documentation in your infringement review application. If you have recently acquired your pet, you will need to supply proof of adoption or ownership. We will not withdraw fines where you were unaware of the need to register your pet, or you did not have time to register your pet. - Your dog escaped from home
We do not withdraw fines where you were unaware your gate/door/fence was open or unsecured, or where your dog dug its way out or escaped through a hole in the fence. If your dog escaped during a home invasion or after it was stolen, you can apply for an infringement review and you will need to supply a police report as supporting documentation.
When can I apply?
You may apply for the review of an infringement up until the date it is determined to be lodged at Court for inaction or non-payment.
How to apply
To apply online, select 'Apply now' to start:
Or you can download and complete:
and then:
- email to manningham@manningham.vic.gov.au
- post to Manningham City Council, PO Box 1, Doncaster, Victoria 3108 or
- drop in at the customer service desk at Manningham Civic Centre, 699 Doncaster Road, Doncaster.
How long will the appeal process take?
Once Council has received your completed review application, you will be contacted with the outcome.
Council has 90 days to process and determine the outcome of an appeal, however the timeline at Manningham Council is typically 10-20 business days.
What if your infringement review is not withdrawn?
If you have already been through the infringement review application and have not had your infringement withdrawn you can either:
Find out about the Internal Review Guidelines on the Justice and Community Safety website.
The current Local Law regulates the parking of an oversize vehicle on private residential land.
In certain circumstances a Permit will be issued to the owner of the land to permit the parking.
The purpose of the permit assessment is to ensure that the oversize vehicle does not impact on neighbouring properties, public safety or cause damage to Council assets.
Prior to approval being granted a number of considerations will be assessed.
When applying for a permit, provide as much information as part of an application to outline why consideration should be given.
Can I park my truck on residential land?
You cannot park your vehicle on residential land if:
- it is in excess of 4.5 tonnes
- it is longer than 7.5 metres
The Manningham Community Local Law 2023 Clause 26
- The Manningham Community Local Law 2023 Clause 26 states that the owner or occupier must not, without a permit, keep or allow to be kept, a vehicle that has a gross vehicle mass of in excess of 4.5 tonnes or together with any load or projection, measures 7.5 metres or more in length on residential land. This does not includes a caravan.
Lost or stolen parking permits
If you have lost or had your permit stolen you will need to provide a Statutory Declaration and pay a fee.
You can apply for a new one online.
Need help?
You may choose to have your infringement matter heard in a Court.
How to apply
To have your infringement matter heard in Court, download and complete:
and then:
- email to manningham@manningham.vic.gov.au
- post to Manningham Council, PO Box 1, Doncaster, Victoria 3108 or
- drop in at the customer service desk at Manningham Civic Centre, 699 Doncaster Road, Doncaster.
Otherwise, if you have not already done so, you can have us review your infringement.
Apply for a payment plan
If you are you experiencing financial difficulties or anticipate that you'll not be able to pay your fine by the due date, you may be eligible to apply for a payment plan.
To be eligible, you must be the holder of a valid concession card:
- a Commonwealth Government (Centrelink) Pensioner Concession Card;
- a Department of Veterans’ Affairs Pensioner Concession Card or Gold Card; or
- a Centrelink Health Care Card (all types including non-means tested)
For parking infringements, the registered owner of the car or the nominated driver must hold the valid concession card.
You may apply to the Director, Fines Victoria for a payment arrangement should you have multiple fines across different enforcement agencies.
How to apply
To apply for a payment plan or extension, email manningham@manningham.vic.gov.au with the following information:
- your contact details (including residential address)
- specify if you are seeking a payment plan
- a copy of your infringement notice
- a copy of your concession card and
- a reason for your application.
Otherwise, you can pay your infringement in full now.
Apply for an extension of time
You can request in writing an extension of time to pay may be granted at our discretion.
How to apply
To apply for a payment plan or extension, email us manningham@manningham.vic.gov.au with the following information:
- your contact details (including residential address)
- specify if you are seeking an extension
- a copy of your infringement notice
- a reason for your application.
Otherwise, you can pay your infringement in full now.
Litter is one of our major environmental problems. Litter and littering includes:
- Anything left where it's not meant to be.
- Rubbish and furniture put on roadsides or outside shops (including charity shops).
- Building materials outside of a construction site.
- Rubbish thrown from motor vehicles.
- Cigarette butts.
- Putting household or business rubbish in a public litter bin.
- Advertising material placed under windscreen wipers.
For more information see EPA Victoria.
For information on asbestos visit Asbestos in Victoria.
Check what type of dumped rubbish or litter you can report and where you can report it. If unsure, contact us.
What types of dumped rubbish and litter can you report?
Dumped rubbish
- Neighbour’s hard rubbish left on nature strip (for longer than two weeks).
- Rubbish abandoned on public land (parks, reserves, footpaths).
- Rubbish abandoned on private land (neighbour's property, commercial properties).
- Asbestos
Litter
- Cigarette butts
- Syringes
How to report an issue
-
Prepare the following information before you report:
- The location of the issue.
- The date and time of when the issue occurred.
- Historic details leading up to you reporting this issue.
- Your contact details if you'd like to be updated. Alternatively, you can remain anonymous.
- Other details that will assist us with your specific issue. For example, car registration number of person who littered or type of syringe.
-
Report the issue to us
You can make a report online, in person or over the phone.
If there is any danger to the public or public space, please call us immediately on 9840 9333.
What happens after you have reported?
We'll send your report to the relevant team who will attend the location to assess the items and take appropriate action.
Report litter from a car or vehicle
If you see someone littering from a vehicle or near the vehicle they are using, you can report to EPA. For more information about reporting litter from vehicles, visit the EPA website.
Report online
Asbestos
For information about how to safely manage, remove or report dumped asbestos visit Asbestos Victoria. To report dumped asbestos, use our online form or contact us.
Vandalism, graffiti and bill posting negatively impact our neighbourhoods and individual properties. Rules exist which prohibit, regulate and control the adverse nature of these activities.
If graffiti or street art is placed on a building or infrastructure without permission of the owner, it's considered illegal and may be removed.
Check what type of graffiti or vandalism you can report and where you can report it.
If unsure, contact us.
What to report
Graffiti on council owned property
- We will remove graffiti from council owned properties, buildings and facilities.
- We will remove graffiti from council owned items such as park furniture, council signs and rubbish bins.
Graffiti on private property or non-council owned property
- For all other private property, it is the owner's responsibility to remove the graffiti.
We will continue to maintain a zero–tolerance approach in managing graffiti with our graffiti removal maintenance program.
The maintenance program identifies and removes graffiti on Council assets.
Vandalism
- You can report vandalism to Victoria Police on 131 444.
How to report an issue
-
Prepare the following information before you report:
- The location of the issue.
- The date and time of when the issue occurred.
- Summary of what has been damaged
- Photo of the graffiti or vandalism (if possible)
- Historic details leading up to you reporting this issue.
- Your contact details if you'd like an update. Or, you can remain anonymous.
- Other details that will assist us with your specific issue.
-
Report the issue to us
You can make a report online, in person or over the phone.
What happens after you have reported an issue?
- We will attend the location and determine whether we can assist.
- We may follow up with you to get some further information.
- We will take the appropriate action or find out who can.