Victorian Local Government Asset Management
Legislative Framework

A number of Acts, regulations & standards place either a constraint or requirement on how Councils manage their assets or bestow on Councils a power with the respect to their management.

The tables below list a number of these acts, regulations & standards, and the constraints they make on the management of assets and/or powers they confer:

Buildings

Legislation / Standard Requirement/Constraint/Power
Victorian Local Government Act 1989 Section 3(E) (1) c of the Act notes that "providing and maintaining community infrastructure in the municipal district" is a Council function."​
Victorian Building Act 1993 The Victorian Building Act specifies the standard to which buildings must be constructed.
Victorian Occupational Health & Safety Act 2004 The Victorian Occupational Health & Safety Act specifies a number of responsibilities in relation to providing a safe work environment for workers.​
Victorian Residential Tenancies Act 1997 The Victorian Residential Tenancies Act specifies a number of responsibilities relating to leased buildings.
Victorian Planning and Environment Act 1987 / Planning Scheme A Council's Planning Scheme which is prepared in accordance with the Planning and Environment Act specifies where which types of buildings can be located.
AS2293.2 - Emergency evacuation lighting for buildings AS2293.2 specifies what emergency evacualtion lighting needs to be installed in a building and how it should be maintained.
Victorian Disability Act 2006 / Disability (Access to Premises - Buildings) Standards 2010 The Disability (Access to Premises - Buildings) Standards specify a number of requirements relating to disabled access to buildings.
National Construction Code The National Construction Code specifies requirements for occupation for each class of building.
Victorian Building Regulations 2006 The Victorian Building Regulations specify a range of requirements with respect to the; design, construction, maintenance, use and demolition of buildings including; fire safety, pool safety, registration of cooling towers.
Australian Electrical Standards The Australian Electrical Standards specify how electrical works within buildings should be carried out.
AS 1428: Design for access and mobility AS 1428 Part 1 lists a number of general requirements for access to new and renovated buildings.

Reserve Assets

Legislation / Standard Requirement/Constraint/Power
Victorian Subdivision Act 1988 Section 20 of the Subdivision Act stipulates what Councils must do with public open space.
Victorian Local Government Act 1989 Section 3(E) (1) c of the Local Government Act notes that "providing and maintaining community infrastructure in the municipal district" is a Council function."​
Victorian Environment Protection Act 1970 Section 45X of the Environment Protection Act gives Councils the right to direct that litter be removed from any land under Council's management.
Victorian Crown Land (Reserves) Act 1978 Section 16 of the Crown Land (Reserves) Act specifies how reserved land is vested in a municipality, and a number of conditions pertaining to that vestment."
Victorian Fences Act 1968 Part 3 of the Fences Act sets out the procedure for fencing works including the fencing of the boundary between a park or recreation reserve and adjoining properties.
Victorian Sport and Recreation Act 1972 Section 14 of the Sport and Recreation Act specifies that the minister may provide municipal councils with loans or grants to cover "the cost incurred in making permanent improvements to sports grounds sports premises or recreational facilities established on sporting or recreational lands."​
Victorian Geographic Place Names Act 1998 / Naming Rules for Places in Victoria The Naming Rules set out the rules and processes that must be followed in selecting, assigning or amending a name of a range of places including parks and reserves.
AS 4685:2014 - Playground Equipment AS 4685:2014 details a range of general and equipment specific safety requirements & test methods for playground equipment.​
AS 1428: Design for access and mobility AS 1428 addresses a number of requirements for children and adolescents with physical disabilities that are pertinent to the design of playgrounds and other parks and open space assets.
Victorian Equipment (Public Safety) Act 1994 Section 7 of the Victorian Equipment (Public Safety) Act requires that the "proprietor of prescribed equipment must take any measures that are practicable to ensure that the equipment is safe and without risks to health when properly used."​

Roads & Bridges

Legislation / Standard Requirement/Constraint/Power
Victorian Road Management Act 2004 The Road Management Act specifies the role, functions and powers of road authorities, including Councils.
Victorian Local Government Act 1989 Section 3(E) (1) c of the Local Government Act notes that "providing and maintaining community infrastructure in the municipal district" is a Council function.
Victorian Geographic Place Names Act 1998 / Naming Rules for Places in Victoria The Naming Rules set out the rules and processs to be followed in selecting, assigning and/or amending a the names of Council roads.

Drainage

Legislation / Standard Requirement/Constraint/Power
Victorian Local Government Act 1989 Section 3(E) (1) c of the Act notes that "providing and maintaining community infrastructure in the municipal district" is a Council function."
 
Section 198 of the Local Government Act notes that drains within the municipal district are vested in Council.​
Victorian Water Act 1989 Section 136 of the Water Act gives Councils (and other planning authorities) the power to require the developers of new subdivisions to create drainage easements and/or drainage reserves.