3. Obtaining an Approval - Sutherland Shire Council

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Policy for the Placement of Skip Bins
on Public Land
Sutherland Shire Council
Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land
Document review and approval
This document has been approved by
Name
1
Works Committee WKS24
2
Environment, Health and Regulation Committee
Minute No
Date approved
239
30 March, 1987
EHR030-14
16 September, 2013
3
Revision history
Version
Author
Date
Revision
1
Director Engineering
30 March, 1987
Original Version
2
Civil Assets Manager
1 May, 2012
Policy reviewed under annual review process. Policy is current but
requires substantial review in the near future
3
Change Manager Civil Assets
17 May, 2013
Policy is to stand at the moment, however a draft updated report will
be submitted to directors in June 2013
4
Manager Environmental
Operations
1 September, 2013
Change Name from “Prevent Rubbish Skips and Dumpsters on
Roads” to “Placement of Skip Bins on Public Land”.
Policy completely replaced. Updated to provide clear guidelines and
documented procedures to enable effective regulation to be
undertaken.
Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land
Contents
1.Introduction ......................................................................................................................... 1
2.Definitions ........................................................................................................................... 1
3.Obtaining an Approval ......................................................................................................... 1
4.Legislative Requirements .................................................................................................... 1
5.Penalties For Not Obtaining Approval.................................................................................. 2
6.Maximum Size and Permitted Location of Bins .................................................................... 2
7. Safety Requirements .......................................................................................................... 3
8.Pollution Incidents ............................................................................................................... 3
9.Responsible Officer ............................................................................................................. 3
10.Public Access .................................................................................................................... 4
Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land
1.
Introduction
The aim of this Policy is to provide guidelines for the placement of Waste Storage
Containers (commonly referred to as ‘Skip Bins’) on public land. Whilst it is preferable for
Skip Bins to be placed wholly within private property, sometimes this is not possible due to
site constraints. This policy will provide for skip bins to be placed on public land with
Council approval ensuring that the safety of pedestrians and motorists is maintained and
that the environment is protected.
An application to Council will not be required for the placement of a skip bin on private
property. Applications for approval to place a Skip Bin on public land will be subject to a
fee depending on the size of the bin and length of time the bin will be in place.
2.
Definitions
In this policy a ‘Skip Bin’ is a waste storage container designed for the storage of
construction waste/rubble, tree loppings, household or other rubbish, or soil, (but not
putrescible or dangerous waste), pending its removal by truck to a waste transfer facility.
3.
Obtaining an Approval
The application form together with the applicable fee must be lodged at least 5 days prior
to the intended date of placement.
Failure to provide all relevant information required as part of the application may result in
the assessment of the application being delayed and/or the application being refused.
The approval from Council will be issued in writing. A copy of the approval must be kept
on site.
Approval will be granted for the placement of a bin on public land for a maximum of 10
days. If a longer period is required a new application must be lodged and the relevant fees
paid. Despite any approval, Council reserves the right to order the removal of a Skip Bin if
it is not placed in accordance with this Policy or if the bin (or associated activity) causes a
risk to public safety or harm to the environment.
Application fees will be as per Council’s adopted Schedule Fees and Charges.
Note: Transporting of waste over or under a public place requires a separate approval
under S68 of the Local Government Act 1993.
4.
Legislative Requirements
When determining an application for approval for placement of a Skip Bin on public land,
Council will consider the following legislation and local codes or policies, where applicable:





Local Government Act (LGA) 1993;
Roads Act 1993;
Road Transport Act 2013;
Protection of the Environment Operations Act 1996; and
Any other existing Council code, policy or plan.
5.
Penalties For Not Obtaining Approval
Section 68 Part C of the Local Government Act 1993 permits a waste storage container to
be placed in a public place with approval. Failure to obtain approval is an offence under
section 626 of the Local Government Act 1993. The maximum penalty is 20 penalty units
or $2,200.00.
Failure to comply with any of the requirements of this Policy or conditions of approval may
result in enforcement action being taken. Enforcement action may include the issue of a
Penalty Infringement Notice. This will be at the discretion of the Responsible Officer.
Council may also terminate the approval and/or impound the Skip Bin.
6.
Maximum Size and Permitted Location of Bins
The maximum permitted sizes of Skip Bins that will be permitted on public land are:
Location
Max. Length
Max. Width
Footway or grass
verge
7m
2.5m
Road/carriageway
7m
1.7m
Clearance
Minimum 1.5 m
clearance either
side for pedestrian
access.
Skip Bin not to
protrude into traffic
lane or impede flow
of water in the
gutter
Location Requirements
Footpath/Nature Strip
The placement of Skip Bins on a nature strip, footpath or other public area, within the
Sutherland Shire will be permitted with the approval of Council. Council will not grant
approval if the proposed location:
a)
has the potential to create the risk of injury to persons;
b)
obstructs access by emergency vehicles; or
c)
does not provide for safe pedestrian or vehicular access.
Approval will only be granted for the placement of one Skip Bin on the nature strip / grass
verge. The Skip Bin will only be permitted to be placed in the area immediately adjacent to
the front boundary (between the prolongations of the side boundaries) of the subject
property.
Carriageway
Skip bins will only be allowed on a carriageway where a car may be legally parked under
the Road Rules 2008 (made under the Road Transport Act 2013, whether signposted or
not.
If it is proposed to place a Skip Bin within the road reserve of a road classified as
arterial/sub-arterial under the Roads Act 1993 prior approval must be obtained from the
Roads and Maritime Service (RMS). A copy of the RMS approval must be attached to the
application for Council approval.
Skip bins placed on a carriageway shall be parallel to the kerb at a sufficient distance from
the gutter to prevent impeding the flow of water.
7.
Safety Requirements
Skip Bins placed on the carriageway of a public road must incorporate reflective tape on
its outermost edges to ensure that it is visible to passing traffic at night.
In locations where significant risk to pedestrian or driver safety is likely Council may
require additional safety devices to be employed.
Skip Bins must have the name of the supplier and a 24-hour contact phone number clearly
indicated on the side of the container. Council will not allow bins without adequate
identification to be placed in public places.
8.
Pollution Incidents
While a skip bin is situated on public land it is the responsibility of the applicant to ensure
that all waste is safely contained within the confines of the bin and that no waste be
allowed to spill onto public land.
Council reserves the right to take action under the Protection of the Environment
Operations Act 1997 against any pollution incident. This may include the issue of penalties
and/or legal action.
9.
Responsible Officer
The Manager of Civil Assets is the Responsible Officer for the implementation of this
Policy.
The Responsible Officer is also responsible for review of the Policy. This will be
undertaken on an annual basis in consultation with the Civil Assets Units and other key
stakeholders where appropriate.
10. Public Access
The Policy must be made available to the public on Councils website and hard copies
shall be made available on request on request.
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