In response to media reports about Council’s Public Places By-Law:
Our by-law just like all council public places by-laws is about protecting the amenity of those spaces for the community. The focus is on the community enjoyment of these public spaces. There is no intention to regulate ordinary social enjoyment of public places.
To be clear, informal use of public places for uses such as beach cricket, picnics and informal group activities does not, and will not, require a permit or licence.
Clarence City Council, like most councils, has a Public Places By-Law. The purpose of this by-law is to provide for the management of public places, which includes a process for issuing permits and licences for use of those areas by groups and organisations.
It is a legislative requirement that all by-laws be reviewed every 10 years and council has recently completed this process for its Public Places By-Law. Council sought to make the by-law clearer and more easily understood than the previous by-law. In accordance with the legislation, Council conducted a consultation process and received four responses which were considered.
With the exception of two matters, the new Public Places By-Law has the same intent as the previous by-law. However, two new matters have now been included. The first is the regulation of drones given the prevalence of this technology in public spaces and potential safety issues. The second is that the General Manager would have the power to ban an individual person from a specific public place. This power would be enacted only when an individual has repeatedly caused a public nuisance, has not heeded warnings regarding their conduct, and as a result, offended against the by-law. The aim is to allow the General Manager to regulate the use of a public place to ensure the public’s right to peaceful and safe enjoyment of that place. Other councils have a similar provision in their Public Places By-Law.
Council also has a duty to regulate public places and as part of that duty, Council requires groups and organisations to seek permission to use a public place for formally organised group activities. For example, a public meeting, market or concert. Council does not intend to ban beach cricket, picnics or other social activities normally held in public places.
It is common practice for government organisations to use a permit system to manage the use of public places by community groups and organisations. For example, Parliament House requires an application for the use of the lawn.
To be clear, informal use of public places for uses such as beach cricket, picnics and informal group activities does not, and will not, require a permit or licence.
Council responds to requests for organised sporting activities at sporting facilities through a permit process. The use of a permit system for public places is consistent with that permit process.
Council would be happy to address the Parliamentary Standing Committee on Subordinate Legislation should they wish to seek clarification on the by-law.