Unauthorised Occupation and Use of Council Land

Unauthorised Occupation and Use of Council Land Document No:   CPL285.10
Approval Date:   9 July 2013  
Approved By:  Council  
Review Date:  9 July 2016
Responsible Officer:  Manager, Sport and Recreation Version No:   00
Authorising Officer:   Chief Executive Officer 

1. Purpose

This policy outlines the City’s position relating to Unauthorised Occupation and Use of Council owned or managed Land.


2. Scope

Any Council owned or managed land within the City of Greater Geelong.


3. References

  • General Local Law 2005
  • Road Management Act 2004
  • Crown Land (Reserves) Act 1978
  • Local Government Act 1989
  • Fences Act 1968
  • Building Act 1993
  • Subdivision Act 1988

4. Definitions

  • Council land includes all land owned or managed by Council or land Council is entitled to own or manage on behalf of the public.
  • Unauthorised occupation occurs when an adjoining owner to Council land places improvements upon or fences off Council land, gains access over or places services under or over Council land and where the occupation or use is not authorised by way of an easement, lease, licence, permit or other appropriate means.

5. Council Policy

The City of Greater Geelong will discourage all instances of unauthorised occupation of Council land and will take steps to ensure that all such illegal occupation is removed at the owner’s expense.

In the first instance a written request will be made to the owner to remove the illegal occupation.

If after a written request the illegal occupation is not remedied then a fine will be issued to the owner under General Local Laws 51 and 53.

If after a written request and a fine issued under the General Local Laws the illegal occupation is not removed, Council will pursue any reasonable option which may include seeking a court order at the owner’s expense to prevent the illegal occupation under the laws of Trespass.

6. Quality Records

Quality Records shall be retained for at least the period shown below.

Name of Record Retained by/location Retention Period Location

7. Attachments

  • Nil

Page last updated: Tuesday, 28 June 2022