Property owners are responsible for ensuring that their property is maintained and does not provide a place for vermin to live and breed. This means keeping properties free of long grass and vegetation, as well as waste.
Properties must be maintained so that they do not become so untidy such they create a threat to public health and safety.
Not all residents have the desire to keep their properties in a ‘park like’ condition and this should be taken into consideration before a complaint is lodged with Council. Many properties may be considered to be untidy, but untidy does not necessarily mean that the property is in an unsafe or unhealthy condition and in need of Council intervention.
The following points are provided as a guide to Council’s service level for the matter of overgrown vegetation:
- The property is located in the following residential or business zones (R1, R2, R3, R4, R5, B1, B2, B3, B4 or B7) – Council will not respond to requests in relation to overgrown vegetation in rural or industrial areas; and
- The vegetation is more than 500mm in height; and
- Over 50% of the land is overgrown to a minimum height of 500mm; and
- Overgrown vegetation is within 10 metres of the complainant’s dwelling or within 5 metres of their property boundary; and
- Detailed information/evidence of the harbourage of vermin and impacts upon the complainant are provided.
Please note: overgrown vegetation does not include native vegetation that is protected under the Threatened Species Conservation Act 1995 or the Native Vegetation Act 2003.
Overgrown vegetation that contains “Noxious Weeds” must be directed to Upper Macquarie County Council’s Noxious Weeds Officer who are the Noxious weeds authority for the Lithgow LGA. You can contact Upper Macquarie County Council on 02 6305 6388 or visit their website at www.umcc.nsw.gov.au.
Council will not respond to customer requests in relation to the potential fire risk of overgrown vegetation as these requests should be directed to NSW Rural Fire Service.
If overgrown vegetation is considered to be in a state which is likely to render the land unsafe or unhealthy, Council may initiate regulatory action. This would include vegetation that due to its unkept nature would likely be a harbourage for or encourage vermin.
Regulatory action involves the issuing of formal notices and orders directing the property owner to manage and maintain the vegetation on-site for a three (3) year period under the provisions of the Local Government Act 1993.
If Council’s formal notice and/or order is not complied with, enforcement actions (issuing of penalty infringement notices) may be appropriate.
The time taken to have requests for vegetation to be maintained will depend upon several variables but most significantly, weather conditions and the property owner’s willingness to respond to and manage the overgrown vegetation. Council must also abide by legislative timeframes and procedural fairness and therefore the property may remain overgrown for periods of 8-10 weeks following Council’s initial notification.
Native mice, native rats and snakes are not considered to be vermin and are protected under the National Parks and Wildlife Act 1974. Should the presence of snakes concern you, it is recommended that you contact the National Parks and Wildlife Service or a wildlife rescue/relocation service.
Council encourages residents to try to solve the problem amicably by talking to the property owner or manager if known. Often people are unaware that their activity or lack of property maintenance is causing a problem and are usually happy to address the problem after being notified.
Council strongly recommends that the owners of vacant land establish an agreement with a slashing or mowing contractor to maintain the land on a regular basis. As a bare minimum, attention should be given to the land in early summer, mid-summer, and early autumn.
Further Information
For further information please contact Council’s Environment Department on 02 6354 9999.