Building sites

Do builders have to have bins on site?

According to City of Casey Community Local Law 2018 a person undertaking building works must provide and use a container for the disposal of wind blown builder’s refuse when carrying out building works on any land. The bin must be placed on the site and not on a road, nature strip or Council land.

Do builders have to have toilets on site?

Any person that undertakes any building works must provide a Portable Toilet System on site. Where the works are carried out on adjacent sites by the same person an Authorised Officer may allow one toilet system to be used for every two adjoining sites.

What is meant by "building works"?

 It includes any work carried out in connection with the construction, demolition or removal of a building, and includes road making and drainage works.

Who is the "person undertaking building works"?

The person undertaking building works includes the person who has been issued a building permit and the person apparently in charge of any building works on the land.

What is "wind blown builder’s refuse"?

Any builder’s refuse which is capable of being blown away by winds.

What type of bin must a builder use?

The type of bin used is at the discretion of the builder, providing Council is satisfied it contains all wind-blown builder’s refuse.
If a bin constructed of mesh is used, the mesh size must not exceed 50mm in width, height or diameter as the case may be.

What can Council do if a toilet or bin isn’t provided?

Council’s Authorised Officers can take enforcement action if the Local Law is breached. Notices to Comply can be served requiring a bin or toilet to be placed on the land and Penalty Notices can be issued for committing the offence of not providing the bin or toilet.

In urgent cases Authorised Officers can take immediate action to prevent any danger to the environment or nuisance arising.

In serious cases, or where people re-offend or fail to pay the Penalty Notice fine, an Authorised Officer may prosecute an offender in the Magistrates Court where the fine can be up to $2000.

Why does Council have this law?

Council’s aim is to maintain the environment and ensure the impact of litter is reduced so that residents can enjoy a clean and pleasant neighbourhood. In a growth area such as City of Casey where the appearance of building works is very noticeable it is important that builders ensure that their activities do not adversely affect the lifestyle enjoyed by residents in the area.

The use of builder’s bins and portable toilets reduces the possibility of litter problems associated with building works and ensures proper toilet facilities are provided for employees.

Where can I get advice or report bin and toilet problems?

You should contact City of Casey's Local Laws Unit if you want any advice on the Local Law or if you wish to report a site that is not complying with the Local Law.

This information sheet is intended as a general guide only. It is not intended to be and should not be relied on as a substitute for professional legal advice. You should refer to the City of Casey Community Local Law 2018 for a full description of the law relating to bins and toilets on building sites.