Regulation and enforcement

Our Regulation and Enforcement team performs a regulatory role which includes:

  • undertaking mandatory inspections
  • investigating approximately 5,000 customer requests (complaints) per year
  • issuing orders, penalty notices
  • writing policies
  • education and compliance programs on various high profile topics.

We work to ensure our approach to regulation and enforcement is both consistent and transparent and we work directly with other agencies and community groups to make Byron Shire safer, cleaner, healthier and more accessible. 

Overview

Our Regulation and Enforcement team performs a regulatory role which includes:

  • undertaking mandatory inspections

  • investigating approximately 5,000 customer requests (complaints) per year

  • issuing orders

  • issuing penalty notices

  • writing policies

  • undertaking education and compliance programs on various high profile topics.

We work to ensure our approach to regulation and enforcement is both consistent and transparent and we work directly with other agencies and community groups to make Byron Shire safer, cleaner, healthier and more accessible. 

Enforcement services

Development Control and Compliance

  • Illegal development and building works

  • Unauthorised development and building works

  • Land-use planning compliance

Environment Control and Compliance

  • Littering and rubbish dumping investigation

  • Illegal land clearing

  • Noise/air/water complaint investigation

  • Onsite septic systems

  • Abandoned motor vehicles

  • Tree removal

  • Swimming pools and spas

Parking Control

  • On and off street parking

  • Mobility parking enforcement

  • School zone enforcement

Animal Care and Control

  • Companion Animal management

  • Patrols, impounding, housing, stock control,

  • Roaming and barking dog complaints

  • RSPCA contract management,

  • Microchipping and registration enforcement

Complaints or Requests

Use Council's online 'Report It' form to submit complaints or requests alleging unlawful activity.

Report it

We will record the allegation in Council’s computerised customer request management system and will allocate each report with a unique reference number.

The request will be referred to the relevant Council Officer to commence any necessary investigation. The name, address and contact details of the person submitting the complaint will also be recorded. This information is critical as we may need to rely on evidence from you (the complainant) to prove any alleged offence and commence enforcement action. We will advise you of the action, if any, taken or the reasons why no action was taken in the circumstances.

Generally, information on this person will not be released. However, we may be required to disclose this information in a variety of circumstances including the following:

  • When access to the information is permitted under Legislation, including the Government Information (Public Access) Act 2009 or section 12 of the Local Government Act.

  • When access to the information is permitted under another Council Policy.

  • Legal proceedings are commenced and the information is disclosed in evidence served.

  • The nature of the allegation otherwise makes it a necessity.

  • Supporting material provided by complainants may not be able to be used as evidence.

Also, in some circumstances it may be possible to ascertain the identity of the person submitting the complaint by the nature of the allegation. 

Anonymous Requests/Complaints

Anonymous Requests for investigations are frequently found to be unsubstantiated and result in resources being wasted.

Contact names, addresses and phone numbers are important to confirm information or, if necessary, obtain additional information to allow investigations to be properly conducted.

Anonymous requests for disputes and grievances investigation have frequently been found to be as a result of a neighbourhood dispute or involve issues that Council should not be a party to. Given this, anonymous requests will only be accepted in the following categories:

  • Serious pollution events

  • Swimming pool barrier safety

  • Savage dogs

  • Matters of a serious threat to public health or safety Sewer overflows

  • Dangerous/unsafe buildings with immediate threat to life.

 

Risk Based Approach

Our community has become more expectant of living in a healthy community where we value and protect our environment. It is understandable that the number of laws and regulations have increased as a direct correlation of this expectation.

From time to time complaints will exceed available resources. Our Regulation and Enforcement Division uses a risk based resource allocation approach so that we can focus resources on matters that represent the biggest risk to the community and the environment.

 

 

Our Enforcement Officers undertake a range of wide range of duties, including:

Development Control and Compliance

  • Illegal development and building works
  • Unauthorised development and building works
  • Land-use planning compliance

Environment Control and Compliance

  • Littering and rubbish dumping investigation
  • Illegal land clearing
  • Noise/air/water complaint investigation
  • Onsite septic systems
  • Abandoned motor vehicles
  • Tree removal
  • Swimming pools and spas

Parking Control

  • On and off street parking
  • Mobility parking enforcement
  • School zone enforcement

Animal Care and Control

  • Companion Animal management
  • Patrols, impounding, housing, stock control
  • Roaming and barking dog complaints
  • RSPCA contract management
  • Microchipping and registration enforcement

 

We work together with the following organisations: 

  • NSW National Parks and Wildlife Service (NPWS)
  • NSW Police Force

For the purposes of: 

  • Traffic Management
  • Reserve use
  • Responses to anti-social behaviour and high risk activities. 
  • Reviewing and improving signage.
  • Promoting community safety through education campaigns.

When members of the public reports an issue in this area, all organisation are alerted of the response being taken. 

We have signed a joint Letter of Understanding with these organisations to formalise this approach. 

Use Council's online 'Report It' form to submit complaints or requests alleging unlawful activity.

Report it

  1. Name, address and contact details will be required. This information is critical as we may need to rely on evidence from you to prove any alleged offence and start enforcement action. 
  2. Your complaints or request will be given a unique reference number.
  3. The request will be referred to the relevant Council Officer for investigation. 
  4. We will advise you of the action taken or the reasons why no action was taken.
  5. Generally, information about an individual is not released. However, we may be required to disclose this information when:
  • Access to the information is permitted under Legislation, including the Government Information (Public Access) Act 2009 or section 12 of the Local Government Act.
  • Access to the information is permitted under another Council Policy.
  • Legal proceedings have started and the information is disclosed in evidence served.
  • The nature of the allegation otherwise makes it a necessity.
  • Supporting material provided by complainants may not be able to be used as evidence.
  • In some circumstances it may be possible to ascertain the identity of the person submitting the complaint by the nature of the allegation. 

Anonymous complaints or requests 

Anonymous requests will only be accepted in the following categories:

  • Serious pollution events
  • Swimming pool barrier safety
  • Savage dogs
  • Matters of a serious threat to public health or safety Sewer overflows
  • Dangerous/unsafe buildings with immediate threat to life.

Contact names, addresses and phone numbers are important to confirm information or, if necessary, obtain additional information to allow investigations to be properly conducted.