Can I short-term rent in Mornington Peninsula Shire?

Under the Short Stay Rental Accommodation Local Law 2018 (as amended by the Short Stay Rental Accommodation (Amendment) Local Law of 2022, Council resolution 23 August 2022), an owner must not use, allow use of, or advertise a dwelling as short stay rental accommodation (a stay of up to 30 consecutive days for commercial gain) without a current Council registration/certificate. Registration lasts 12 months, is not transferable to a new owner, and requires a nominated Designated Contact available 24/7 who can respond to property issues within two hours. The registration number must be displayed on all advertising/listing platforms and owners must notify Council of material changes within 14 days. Applications and renewals are lodged online via the Shire's compliance portal.

Council may cancel a property's registration where there have been three or more substantiated complaints within a 12-month period, a single sufficiently serious substantiated complaint, a relevant conviction under the Local Law, or a safety-related legislative breach. Owners/applicants have 28 days to appeal a refusal or cancellation to a Council-appointed appeals process. Registration fees are stated as non-refundable on cancellation.

From 1 January 2025 the Victorian Short Stay Levy Act 2024 (7.5% levy on eligible short stay bookings, principal-place-of-residence exempt) applies statewide. Mornington Peninsula Shire's own website states the Shire 'does not play any role in the administration or enforcement' of that Act, directing enquiries to the State Revenue Office. The Shire's local registration requirement under its own Local Law continues to apply in parallel with, and separately from, the state levy. Confirmed live against both the Shire's own Short Term Rentals page and the State Revenue Office's short-stay-levy page in this verification session; the 7.5% rate and PPR-exemption detail is well-established public record but was not re-confirmed against a primary SRO sub-page in this session (see unresolved_flags).

The Code of Conduct (adopted 24 April 2018, incorporated into the Local Law) must be displayed to, and contractually imposed on, all occupants and visitors. Outdoor areas, including pools, spas, decking and balconies, must not be used between 11pm and 7am. Aggressive behaviour, yelling/screaming/arguing, and loud cheering/clapping/singing are listed as breaches. Off-street parking must be provided for all occupants' vehicles, with guests briefed on parking before arrival. Tents, caravans and campervans cannot be used as additional on-site accommodation. Owners must manage guest waste disposal, remove rubbish left behind, and keep the dwelling and grounds properly maintained.

Schedule 1 of the Local Law sets fixed infringement-notice penalties (issued under the Infringements Act 2006): operating/advertising without registration = 6 penalty units; breaches of the Code of Conduct, disturbing neighbours' peace, failing to give neighbours the Designated Contact's details, failing to notify Council of changes, slow complaint response, or breaching registration conditions = 3 penalty units each; non-compliance with a Council direction/compliance notice = 5 penalty units. The maximum penalty a court can impose for an offence under the Local Law is 20 penalty units, plus a further 2 penalty units for each day a breach continues after conviction. Indicative dollar values using the Victorian FY2026-27 penalty unit value of $209.10: 6 units ≈ $1,254.60; 5 units ≈ $1,045.50; 3 units ≈ $627.30; 20-unit maximum ≈ $4,182. All penalty-unit figures independently confirmed against the primary Local Law text in this verification session; only the $ conversion using the $209.10 penalty-unit value remains unconfirmed against a primary Dept of Justice source.

"Short stay rental accommodation" is defined in the Local Law as use of a dwelling for commercial gain for no more than 30 consecutive days/one month; bookings longer than that fall outside the Local Law's scope (and outside registration/Code of Conduct/penalty exposure). Unlike NSW's 180-day Greater Sydney cap or Byron Shire's 60-day non-hosted cap, the Mornington Peninsula Local Law does not impose any separate annual day/night cap, and it applies identically whether or not the host is present during the stay.