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Byron Shire
November 9, 2026

Enforcement policy

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You would think that Council staff, and Mayor Sarah Ndiaye, would know what Council policies are, but perhaps not. Council’s Enforcement Policy has made it quite clear, since at least 2016, that Council does not have to act on ‘unauthorised activity’ that comes to its attention, and that one option in such a situation is to ‘take no action. ‘ 

Section 4.14 of the policy says, ‘Council has discretion in deciding whether to take enforcement action’, and Section 4.15 says, ‘Council will have regard to the impact the unauthorised activity is causing on amenity or harm to the environment. If action is required, Council will consider what is reasonable in the circumstances and ensure the action is not disproportionate to the level of harm or damage arising from the unauthorised activity.’ 

Council’s Unauthorised Dwellings Guidelines offer ways to become compliant, but a pensioner in their 70s, with no financial resources and in poor health, is not likely to be able to comply with Council’s demands to upgrade their dwelling, which may have been built 50 years ago, and pay large fees to Council.

As long as they are not having an effect on ‘amenity or harm to the environment’ they should be left alone to see out their time in peace.

Matthew Lambourne , Mullumbimby



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