Local Government Property Amendment Local Law 2019

We’re seeking your feedback on the City of Fremantle Property Amendment Local Law 2019. It includes a proposed amendment to enable control of the release of balloons on property controlled by the City.

You can find further information on the proposed Local Government Property Amendment Local Law 2019 here or via the document library. Please review the document before making a submission.

Background

At the Ordinary Meeting of Council held on 23 May 2018, Council resolved to initiate a statutory periodic review of the City of Fremantle's Local Government Property Local Law 2002. The council also resolved to consider including provisions that provide a mechanism for the City to control the use and release of gas-filled balloons on local government property. The intent to review the local law was advertised in accordance with Section 3.16 of the requirements of the Local Government Act 1995.

The City advertised the periodic review of the local law for not less than 6 weeks (42 days), as required under section 3.16 of the Local Government Act 1995. During this consultation period the City received one submission requesting that, due to privacy and noise considerations, the City of Fremantle consider the inclusion of drones in a register of activities that require permits.

In response to this submission, the Civil Aviation Safety Authority (CASA) is responsible for regulating and overseeing drone safety in Australia. They have developed Recreational Drone Safety Rules which outline the restrictions of use such as:

· Only flying within daylight hours and within line of sight

· Not to fly higher than 120 metres above the ground

· Not to fly over or near an area affecting public safety or where emergency operations are underway (without prior approval)

· Not within 30m of people that are not directly associated with the operation of the unmanned aircraft

· Not over a populous area at a height from which the aircraft could not glide clear should a failure of a component (engine or propeller etc) occur

· Not into controlled airspace

· Not for hire or reward (commercial purposes effectively) without additional certification requirements being met.

CASA’s role is restricted to aviation safety, with unsafe drone operations being reportable to them.

The Privacy Act 1988 generally requires that government agencies and private sector organisations comply with privacy obligations. The Privacy Act does not regulate individual operators of drones, or small business operators. The Police do have powers, including under the Surveillance Devices Act, should someone be inappropriately filming someone else or into someone’s house.

In addition, the Bush Fires Act 1954 provides for any person who acts or causes an action that commences a bush fire to be investigated and charged, which could include Drone use.

Given the legislation already in place, it would be the City’s position that we align to and abide by the existing CASA rules and relevant Acts in regard to Drone use within the City rather than introducing provisions to any of existing or proposed local laws given the potential for overlap, contradiction or duplication. Any complaints received would be referred to CASA or the Police depending on the nature of the complaint.

Recommendation

It is now recommended that the City initiate an amendment of the City of Fremantle Local Government Property Local Law 2002.

The amendments to the Local Law will provide the mechanism to control additional activities on local government property, by way of determination, which were not common activities when the principal local law was adopted.

The proposed changes are detailed in the following table:

The purpose and effect of the City of Fremantle Local Government Property Amendment Local Law 2019 is as follows:

Purpose

The purpose of the City of Fremantle Local Government Property Amendment Local Law 2019 is to enable the City of Fremantle to provide additional controls and management for specific activities on local government property to provide increased clarity and to encourage consideration of environmental impacts.

Effect

The effect of the City of Fremantle Local Government Property Amendment Local Law 2019 is that it will provide a framework for the control of specific activities on local government property and will provide authority to enforce the laws and administer fines.

You can view the proposed Local Government Property Amendment Local Law 2019 here or via the document library.

You can view the proposed consolidated version of the Local Government Property Amendment Local Law 2002 here or via the document library.

Submissions closed 5.00pm Friday 21 December 2018.