Community & Business
1 November, 2024
Backyard caravans to help housing
ALLOWING back-yard caravans to be used as temporary accommodation, adding a definition of “graffiti”, or including more guidelines on how to deal with human remains, were among some of the proposed amendments to local laws being considered by Mareeba Shire Council.

At its recent ordinary meeting, council set the ball rolling on the law-changing process by approving amendments to seven local and subordinate laws of 2018 across administration, community and environment, controlled areas, facilities and roads, and animal management. The amendments are now open for community consultation.
Council CEO Peter Franks said the main change of interest was to back-yard caravan laws, which aimed to alleviate the short-term housing problem.
“You can set up a caravan in the back of your yard to allow family and friends to come and stay, where previously you were locked down to a maximum of four weeks,” he said.
There would be “certain conditions” to the law, but it would provide options to people who may be waiting for a rental to become available, or a property to settle, Mr Franks said.
The change allows for accommodation to be made available for six months in a 12-month period for family and close friends and no rent can be charged. Council would assess applications and determine how long the stay would be. (Approval is not needed for someone staying for under four weeks).
The approval conditions are extensive and detailed and include providing:
• site plans of the property, including distances from neighbouring properties;
• proof of the relationship between the proposed residents and the property owners;
• proof of current hardship, such as not owning a home, or holding a lease for a rental property;
• confirmation that there is no commercial arrangement for the accommodation;
• details of the type of caravan being used, its condition, and that it remains movable at all times;
• that sanitary and laundry facilities are only used in the existing dwelling or in the temporary accommodation and no grey water is disposed of on the ground;
• that lighting does not impinge on neighbouring properties;
• and that the temporary home does not become unsightly or unhygienic or create an unreasonable nuisance, including noise and odour, as judged by an authorised person.
The local and subordinate law amendments – which are available to the public via the council website - are highlighted within the 199 pages of documents.
An examination of the pages found the treatment of animals featured, detailing requirements for proper animal enclosures, criteria for declared dangerous animals, and requirements for keeping and desexing animals.
An example is the change allowing residents living on a property that is 450m2 or less or in a residential complex unit, to have up to two dogs, when previously they could only have one. Another is needing approval to keep a dog at an approved camping ground or caravan park.
A detailed table of requirements has also been inserted for keeping horse, cattle, donkey, sheep, goat and other animals of a similar size.
Strict new rules for building a stable must adhere to the Building Act 1975 and appropriate building codes. They also include having a covered receptacle for manure; all interior walls lime washed or painted at least once every year; and stable interiors sprayed at least once every three months with a germicidal spray.
In terms of location, the stable must be distanced away from homes, boundary fences, food storage buildings, roads and waterways. This also applied to poultry and pig enclosures. The latter must also undergo three-monthly germicidal sprays.
Domestic pets must be fenced in an area sized for the species or breed of animal. The structure should be of strong materials and designed so the animal cannot escape or get near a person or animal to attack. The animal must have adequate shelter. Keeping it on a leash or tether is not a proper enclosure.
Camping laws were also targeted with changes to the definitions for designated camping areas and the requirements for camping in such areas.
New requirements have been inserted for the maintenance of premises and now also include a definition of graffitti which is: “any drawing, painting, writing, symbol or mark applied to or marked on property by spraying, writing, drawing, marking or otherwise applying paint or another marking substance or scratching or etching.”
It does not include chalk drawings on footpaths, or any government-approved public art.
A council spokesperson said the definition was included so that “council will have the ability to take enforcement action on a building owner” whose property is covered with graffiti.
A ban on residential fires has also been clarified to include any type of fire, including incinerators, lit within 100 metres of a residence. Again, it is to ensure the amenity of a neighbourhood. The spokesperson cited an example of a neighbour who was intentionally burning material in an incinerator almost daily, downwind of his neighbour with whom he had an ongoing dispute.
Burying human remains outside of cemetaries is another area to be clarified.The spokesperson said that while it can be done with council approval, there has been debate about approval conditions. These changes clarify and include more specific criteria for assessment, and will provide “more certainty” to applicants.
After community feedback the amendments will be checked with relevant state government departments and against commercial competition policies, before submission to the State Government to ensure no conflict with state legislation. Once approved, council can adopt the changes.
Submissions close at 5pm Friday 15 November 2024 and can be made by:
• email to info@msc.qld.gov.au
• post to PO Box 154, Mareeba Qld 4880
• hand-delivery to Council Chambers located at 65 Rankin Street, Mareeba.