Council Meeting: 19 February 2025

Tonight’s Council meeting included a number of topics directly relevant to Montague Ward, as well as community safety.

Petition: Edwards Park

The petition calling for Council to reconsider the relocation of public toilets at Edwards Park was officially received by Council. As a result of this petition, work has now paused on the relocation. Council will report back on 19 March with an updated approach.

Petition: Hester Reserve and Graham Street Skate Park

In addition, the petition requesting fencing for the Graham Street Skatepark to protect skaters from the abutting roads was also lodged. Council will be undertaking consultation with residents as well as park users to discuss options to improve safety and prevent errant skateboards entering Swallow and Station Streets.

Community Safety: Local Laws

Tonight’s meeting also included a Notion of Motion that Council:

That Council:

1. Requests officers to investigate:

a. the statutory process under section 73 of the Local Government Act 2020 for undertaking Local Law amendment;

b. the following proposed changes to the current City of Port Phillip Local Law including any regulatory and compliance issues:

i. Replace 17(1b)

A person must not on or in Council land, a road or a footpath: “behave in a manner which unreasonably interferes with another person including sitting, sleeping or laying on or in the Council land, road or footpath.

ii. Replace section 42

“A person must not reside in temporary accommodation including a vehicle, tent, caravan or any good or chattel that enables a living arrangement or sleep on council and or in any public place.

iii. Replace section 43

1. A person must not place or cause to be placed on a footpath, access way, car park, public place or Council land any furniture or good or chattel that obstructs that footpath or accessway or enables a living arrangement or sleep.

2. An authorised member of Council staff or authorised Police officer may remove the furniture, good, chattel or item that enables a living arrangement or sleep where in the opinion of the Council staff member or authorised officer is in contravention of Section 43 (1).

3. A council staff member or authorised officer may impound, confiscate or dispose of any item or items removed under Section 43 (1).

4. A Council staff member or authorised officer may in circumstances arising in contravention of Section 43(1) if in their opinion the furniture, good, chattel or property enabling a living arrangement or sleep where a person or persons deny ownership of the property and or the property in their reasonable belief has been abandoned. The Council staff member or authorised officer may impound, confiscate, or dispose of any item or items removed under Section 43 (1b).

d. The approximate costs and timelines for undertaking a Local Law amendment.

2. Requests officers to provide a report back to Council by May 2025 or aligned to the timing of the feedback of the Roundtable discussions (whichever is sooner) , including but not limited to the following:

  1. advice on the extent of Council’s powers, and any duplication of other legislation;
  2. The requirement to adhere to human rights legislation and ensuring the dignity of all community members;

This motion which passed unanimously, means Council will investigate the practicalities of amending Local Laws with the aim of improving the management of encampments on Council land.

Community safety is a significant issue across our community and requires a holistic approach through that improves primary prevention and early intervention, as well as deterrents and effective enforcement mechanisms when required.

Tonight’s motion will complement the community safety roundtable by providing a range of information to make informed decisions relating to community safety.

Agenda and minutes of the Port Phillip Council meetings are available at Meetings and Agendas – City of Port Phillip


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