Local Government (Amendment of By-laws) Order 2008


Tasmanian Crest
Local Government (Amendment of By-laws) Order 2008

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the Minister, make the following order under section 154(1)(b) of the Local Government Act 1993 .

26 May 2008

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

J. G. COX

Minister for Local Government

1.   Short title

This order may be cited as the Local Government (Amendment of By-laws) Order 2008 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

In this order –
model provision 1A means the model provision set out in Division 1 of Part 1 of Schedule 10 to this order;
model provision 1B means the model provision set out in Division 2 of Part 1 of Schedule 10 to this order;
model provision 1C means the model provision set out in Division 3 of Part 1 of Schedule 10 to this order;
model provision 2A means the model provision set out in Division 1 of Part 2 of Schedule 10 to this order;
model provision 2B means the model provision set out in Division 2 of Part 2 of Schedule 10 to this order;
model provision 3A means the model provision set out in Division 1 of Part 3 of Schedule 10 to this order;
model provision 3B means the model provision set out in Division 2 of Part 3 of Schedule 10 to this order;
model provision 4 means the model provision set out in Part 4 of Schedule 10 to this order.

4.   Break O'Day Council by-laws amended

Each by-law made by the Break O'Day Council specified in column 1 of Part 1 of Schedule 1 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

5.   Burnie City Council by-laws amended

Each by-law made by the Burnie City Council specified in column 1 of Part 1 of Schedule 2 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

6.   Clarence City Council by-laws amended

Each by-law made by the Clarence City Council specified in column 1 of Part 1 of Schedule 3 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

7.   Devonport City Council by-laws amended

Each by-law made by the Devonport City Council specified in column 1 of Part 1 of Schedule 4 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

8.   Dorset Council by-laws amended

Each by-law made by the Dorset Council specified in column 1 of Part 1 of Schedule 5 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

9.   Huon Valley Council by-laws amended

Each by-law made by the Huon Valley Council specified in column 1 of Part 1 of Schedule 6 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

10.   Launceston City Council by-laws amended

Each by-law made by the Launceston City Council specified in column 1 of Part 1 of Schedule 7 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

11.   Sorell Council by-laws amended

Each by-law made by the Sorell Council specified in column 1 of Part 1 of Schedule 8 to this order is amended as specified adjacent to the by-law in column 2 of that Part.

12.   West Tamar Council by-laws amended

Each by-law made by the West Tamar Council specified in column 1 of Part 1 of Schedule 9 to this order is amended as specified adjacent to the by-law in column 2 of that Part.
SCHEDULE 1 - Break O'Day Council By-laws

Clause 4

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Caravans

 

By-law No. 5 of 2001 (Gazetted on 9 January 2002)

1. Omit clauses 15, 16 and 17 and substitute model provision 1B as clause 15 and model provision 4 as clause 16.

 

2. After Schedule 1, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2.

Cemeteries

 

By-law No. 3 of 2001 (Gazetted on 9 January 2002)

1. Omit clauses 45, 46, 47 and 48 and substitute model provision 1A as clause 45 and model provision 4 as clause 46.

 

2. After clause 46, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Control of Outside Burning

 

By-law No. 4 of 2001 (Gazetted on 9 January 2002)

1. Omit clause 14(3), (4), (5), (6), (7) and (8).

 

2. After clause 14, insert model provision 1A as clause 14A and model provision 4 as clause 14B.

 

3. After clause 15, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Licensing of Hawkers

 

By-law No. 6 of 2001 (Gazetted on 9 January 2002)

1. Omit clauses 12 and 13 and substitute model provision 1B as clause 12 and model provision 4 as clause 13.

 

2. After Schedule 1, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 2.

Parks, Reserves and Recreation Areas

 

By-law No. 2 of 2001 (Gazetted on 9 January 2002)

1. Omit clause 38(3), (4), (5), (6), (7), (8) and (9).

 

2. After clause 38, insert model provision 1A as clause 38A and model provision 4 as clause 38B.

 

3. After clause 39, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

PART 2 - Schedule for Caravans By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Licence necessary to occupy caravan

.5

10

No occupation of caravan in public place

.5

11

No occupation in exchange for rent

.5

PART 3 - Schedule for Cemeteries By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Days on which funerals can be held

.5

6

Times for funerals

.5

15

Monuments on a common site

.5

16(1)

Repair of monuments, vaults, graves or fences

.5

19(1)

Structures not permitted

.5

20

Fences

.5

21

Construction

.5

22

Times of construction

.5

25

Construction equipment and materials

.5

26

Construction debris

.5

29

Number of vases

.5

31

Planting of trees, shrubs or plants prohibited

.5

33

Disorderly conduct

.5

34

Committing a nuisance

.5

35

Damage to objects placed on grave sites

.5

36

Damage to graves, monuments, etc.

.5

37

Distribution of advertisement

.5

38

Conducting a trade, business or calling

.5

39

Damage to council property

.5

40(1)

Driving of vehicles

.5

41

Use of skates

.5

PART 4 - Schedule for Control of Outside Burning By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

When waste may be burned

.5

5

Location of incinerator or open fire

.5

6

Construction and maintenance of incinerator

.5

7

Materials not to be burned

.5

8

Waste must be dry

.5

9

Access to water supply

.5

10

Offensive burning

.5

11

Power to extinguish

.5

12

Person present whilst fire is alight

.5

PART 5 - Schedule for Licensing of Hawkers By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Unlicensed hawking prohibited

.5

8

Hawker to allow inspection of licence upon request

.5

9

Vehicles used for food purposes

.5

10

Hawking in a business district

.5

PART 6 - Schedule for Parks, Reserves and Recreation Areas By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Closure of public reserve

.5

6

Function

.5

7

Creation of an entrance to a public reserve

.5

8(1)

Erection of structure

.5

10

Outside dining

.5

11

Sale items

.5

12

Distribution of advertisement

.5

13

Preaching, concerts and similar activities

.5

14

Organised sport

.5

15

Use of change room and public toilet

.5

16

Collection of money

.5

17

Climbing of trees and other objects

.5

18

Dogs and other animals

.5

19

Use of small–wheeled devices

.5

20

Projectiles

.5

21

Breaking of glass

.5

22

Disorderly conduct

.5

23

Abuse of an authorised officer

.5

24(1)

Liquor

.5

25

Damage to council property

.5

26

Interference with items

.5

27

Fire

.5

28

Graffiti

.5

29

Wood

.5

30(2)

Parking of a motor vehicle

.5

31

Driving of a motor vehicle

.5

32

Parking when reserve is closed

.5

33

Entry and exit of parking area

.5

34(2)

Reserved space

.5

35

Washing, dismantling and repair of motor vehicles

.5

37

Supply of name and address

.5

SCHEDULE 2 - Burnie City Council By-laws

Clause 5

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Public Reserves

 

By-law No. 8 of 1999 (Gazetted on 9 June 1999)

1. Omit clauses 4(3) and (4), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(2) and (3), 10(8) and (9), 11(2) and (3), 12(2) and (3), 13(3) and (4), 14(2) and (3), 15(2) and (3), 16(2) and (3), 17(2) and (3), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(2) and (3), 28(2) and (3), 29(3) and (4), 30(2) and (3), 31(2) and (3), 32(2) and (3), 33(2) and (3), 34(2) and (3), 35(2) and (3), 36(2) and (3), 37(2) and (3), 38(2) and (3), 39(2) and (3), 40(2) and (3), 41(3) and (4), 42(2) and (3), 43(3) and (4), 44(2) and (3), 45(3) and (4), 46(2) and (3), 47(3) and (4).

 

2. Omit clause 50 and substitute model provision 2A as clause 50.

 

3. After clause 51, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Highways

 

By-law No.10 of 2003 (Gazetted on 5 November 2003)

1. Omit clause 35 and substitute model provision 1A as clause 35.

 

2. After clause 35, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Refuse Collection and Waste Management

 

By-law No.11 of 2007 (Gazetted on 14 March 2007)

1. Omit clause 17 and substitute model provision 1A as clause 17.

 

2. After clause 18, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Parking

 

By-law No.12 of 2007 (Gazetted on 14 March 2007)

1. In the long title, omit "compositions" and substitute “infringement notice penalties”.

 

2. Omit clauses 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(3) and (4), 10(2) and (3), 11(3) and (4), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), 18(3) and (4), 21(3) and (4), 22(1)(b) and (c), 22(2)(b) and (c).

 

3. Omit clauses 27 and 28 and substitute model provision 2A as clause 27 and the proposed clause set out in Part 5 of this Schedule as clause 28.

 

4. After clause 28, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

PART 2 - Schedule for Public Reserves By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Column 5

Clause

General Description of Offence

Penalty (Penalty units except where stated in $ amount)

Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice

Reduced penalty if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice

4

Closure of public reserve

0.5

  

6

Non-compliance with hire conditions

1.5

  

7

Sub-lease of public reserve

1.5

  

8

Interfering with peaceable use of public reserve

1

  

9

Functions

0.5

  

10

Creation of an entrance

0.5

  

11

Erection of a structure

0.5

  

12

Erection of a sign

0.5

  

13

Outside dining

1

  

14

Sale of items

0.5

  

15

Distribution of advertisement

0.5

  

16

Preaching, concerts and similar activities

0.5

  

17

Organised sport

1

  

18

Organised activities

2

  

19

Use of children’s playground

0.5

  

20

Playing golf

0.5

  

21

Use of radios and loud speakers

0.5

  

22

Use of change rooms

0.5

  

23

Collection of money

0.5

  

24

Camping

0.5

  

25

Climbing trees

0.5

  

26

Dogs and other animals

0.5

  

27

Use of skates and cycles

0.5

  

28

Projectiles

0.5

  

29

Deposit of rubbish

1.5

  

30

Breaking of glass

0.5

  

31

Disorderly conduct

0.5

  

32

Abuse of authorised officer

1

  

33

Liquor

1

  

34

Damage to council property

1

  

35

Damage to relics

2

  

36

Interference with items

1

  

37

Protection of wildlife

1

  

38

Lighting fires without permission

1

  

39

Graffiti

1

  

40

Collecting wood without approval

1

  

41

Parking of vehicles

$50

$8

$20

42

Driving of vehicles

1

  

43

Parking when reserve closed

0.5

  

44

Entry and exit of parking area

$50

$8

$20

45

Reserved space

0.8

  

46

Washing, dismantling and repair of vehicles

0.5

  

47

Regulation of activities

0.25

  
PART 3 - Schedule for Highways By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3

Occupation, obstruction or enclosure of highway

1

4(1)

Vending machines / customer servery

5

4(2)

Vending machines / customer servery

5

5(1)

Signboard permits

1

5(2)

Signboard or display placed with permit – breach of conditions

 

6

Permit required for hawking

1

7

Sale of vehicles on a highway

1

8

Making a noise on a highway

1

9

Materials on highways

1

10

Wheels of Vehicles to be cleaned

2

11(2)

Directions

2

13

Traversing of footpaths, kerbs and channels, table drains or vehicular access

2

14

Causing damage to a footpath, kerb and channel, table drain or vehicular access

2

15

Directions

 

17(1)

Construction of a crossing over footpaths, kerbs and channels table drains or vehicular access

5

18(1)

Direction to construct a crossing over a footpath, kerb and channel, table drain or vehicular access

5

18(2)

Failing to construct crossing in a proper and workmanlike manner if required to do so

5

19

Directions

5

20

Council expenses in carrying out work

5

21

Damage of highways

5

22

Directions

5

24

Removal of trees

5

25

Grazing

5

26

Holding yard

5

27(1)

Movement of livestock along a highway

5

27(2)

Driving livestock along a highway more often than once a month without first obtaining permit

5

28

Livestock crossing

5

29

Driving livestock within town areas

5

33

Production of permit

0.5

34

Failure to comply with condition of permit

5

PART 4 - Schedule for Refuse Collection and Waste Management By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

5(4)

Kerbside domestic refuse collection

2.5

5(9)

Kerbside domestic refuse collection

10

5(10)

Kerbside domestic refuse collection

2.5

6(2)

Conveyance of refuse to disposal sites

1

8(2)

Access to refuse disposal sites

5

9(1)

Disposal of refuse

2.5

9(3)

Disposal of refuse

10

10

Off loading refuse at waste management facility

2.5

11(1)

Disposal of asbestos

5

12

Lighting of fires

10

13(1)

Recycling and scavenging

2.5

13(4)

Recycling and scavenging

2.5

14

Improper use of litter bin

2.5

16(1)

Supply of name and address

2.5

PART 5 - Clause for Parking By-law
28.   Prescribed penalties for offences under the Local Government (Highways) Act 1982
For the purposes of section 100(4) of the Local Government (Highways) Act 1982, the prescribed penalty for an infringement notice issued for an offence under section 97 , 98 or 99 of that Act is the applicable sum specified in the following table:

Section

Penalty

Reduced amount if paid to Council within 14 days from date of service of the Infringement Notice

Reduced amount if paid to Council after 14 days and within 28 days from date of service of the Infringement Notice

Section 97, 98 and 99

$50

$15

$30

PART 6 - Schedule for Parking By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Column 5

Clause

General Description of Offence

Penalty

Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice

Reduced amount if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice

5

Entry and exit of parking areas

$50

$15

$30

6

Driving of vehicles

$50

  

7

Parking of vehicles

$50

$15

$30

8

Payment of fee

$50

$15

$30

9

Parking vouchers

$50

$15

$30

10

Parking longer than maximum period

$50

$15

$30

11

Reserved spaces

$50

$15

$30

12

Damage to equipment

$50

  

13

Unauthorised removal of infringement notice

$50

  

14

Washing, dismantling and repair of vehicles

$50

  

15

Skidding of vehicles

$50

  

16

Distribution of advertisements

$50

  

18

Graffiti

$50

  

21

Use of skates and cycles

$50

$15

$30

22(1)

Obstruction

$50

  

22(2)

Shopping trolleys

$50

  
SCHEDULE 3 - Clarence City Council By-laws

Clause 6

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Local Highways Standard Requirements

 

By-law No. 1 of 2004 (Gazetted on 6 October 2004)

1. Omit clause 44 and substitute model provision 1A as clause 44.

 

2. After clause 46, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Public Places and Permits

 

By-law No. 1 of 2007 (Gazetted on 19 December 2007)

1. Omit clause 23 and substitute model provision 1A as clause 23.

 

2. After clause 25, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Refuse Storage, Collection and Disposal

 

By-law No. 2 of 2003 (Gazetted on 7 January 2004)

1. Omit clause 9 and substitute model provision 1A as clause 9.

 

2. After clause 11, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Services

 

By-law No. 3 of 2003 (Gazetted on 7 January 2004)

1. Omit clause 21 and substitute model provision 1A as clause 21.

 

2. After clause 23, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

PART 2 - Schedule for Local Highways Standard Requirements By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

25

Construct a crossing without a permit

3

31(1)

Drive over footpath, kerb or gutter without authorisation

3

31(2)

Drive over the area between the road pavement and privately owned land not using the existing crossing

3

31(4)

Deposit or allow mud or other material to be left on a road

3

32(1)

Carry out works on a road without a permit

3

34(4)

Fail to comply with conditions of a permit and relevant notices

3 (and 1 for each day the offence continues)

34(5)

Refuse or fail to carry out works in accordance with a permit

3 (and 1 for each day the offence continues)

42

Fail to comply with a notice issued under the bylaw

3

46

Fail to provide name

1

PART 3 - Schedule for Public Places and Permits By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(1)(c)

Fail in a public place to obey the terms and conditions of any notice and the requirements and directions of an authorised person or police officer

1

5(2)

Enter onto an arena while an event is in progress without permission

15

6

Charge admission to a public place without permission

3

7(1)

Interfere or damage any plant

1

7(2)

Fail to comply with directions supervising vehicles, caravans and cycles

.5

7(3)

Light fires without consent

3

7(4)

Excavate and remove earth gravel or other like material

1

7(5)

Drive a vehicle in a public place or on an arena without approval

1

7(6)

Broadcast or use amplifiers, sound system to produce or relay noise or sound without consent

.5

7(7)

Damage, remove, disfigure anything in a public place

1

7(8)

Deface or graffiti anything in a public place

1

7(9)

Camp in a public place not in accordance with direction or notice

1 (and .5 for each day the offence continues)

8

Allow an animal or vehicle to be taken into or remain in a public place not in accordance with direction or notice

.5 (and .25 for each day the offence continues)

9

Use or enter any public place without having paid the applicable fee or charge

.5

10

Place an advertisement, bill, poster in a public place without consent

.5

11

Play ballgames in a playground where not permitted

.5

12

Cause the use of a public place for outdoor dining not in accordance with a permit, notice or approval

1 (and .5 for each day the offence continues)

13(1)(a)

Carry on any business, trade, occupation in a public place without a permit

1 (and .5 for each day the offence continues)

13(1)(b)

Set up a vehicle, caravan or stall for the sale or disposal of goods, property in a public place without a permit

1 (and .5 for each day the offence continues)

13(1)(c)

Conduct a raffle or prize contest in a public place without a permit

.5 (and .25 for each day the offence continues)

13(1)(d)

Conduct any sporting activity, game, contest, exhibition or competition in a public place without a permit

.5 (and .25 for each day the offence continues)

13(1)(e)

Conduct a wedding, formal meeting, private function, event or like activity in a public place without a permit

.5 (and .25 for each day the offence continues)

21

Fail to comply with a notice or direction

.5

25

Fail to provide name

1

PART 4 - Schedule for Refuse Storage, Collection and Disposal By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(2)

Fail to comply with notices

2

6(1)(a)

Fail to wrap glass or other material to avoid perforation of the domestic refuse container

.5

6(1)(b)

Fail to keep a domestic refuse container in a clean and convenient place

.5

6(1)(c)

Fail to keep a domestic refuse container in a sanitary condition

.5

6(1)(d)

Place biohazardous waste, controlled waste, noxious refuse, trade waste or other non-approved waste in a domestic refuse container

.5

6(1)(e)

Fail to place a domestic refuse container at the kerbside or road shoulder

.5

6(1)(f)(i)

Place hot or burning matter in a domestic refuse container

.5

6(1)(f)(ii)

Place garden material in a domestic refuse container

.5

6(1)(f)(iii)

Place liquid waste in a domestic refuse container

.5

6(1)(f)(iv)

Place gases or vapours in a domestic refuse container

.5

6(1)(f)(v)

Place items in a domestic refuse container which are likely to rupture or pierce the container

.5

7(1)

Fail to convey refuse in a sealed container or effectively covered

1

7(2)(i)

Fail to prevent escape of refuse content from vehicle or container when carrying refuse

1

7(2)(ii)

Fail to prevent emission of offensive odours when carrying refuse containers

1

7(2)(iii)

Fail to prevent the carrying of refuse creating a nuisance

1

11

Fail to provide name

1

PART 5 - Schedule for Services By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(2)

Fail to comply with notices

2

6(2)

Discharging into a sewerage system contrary to a special connection permit

4 (and .5 for each day the offence continues)

7

Discharging trade waste into a drainage system contrary to the Sewers and Drains Act 1954 or Plumbing Regulations

4 (and .5 for each day the offence continues)

9(2)

Use or take water from a Council water main or service not in accordance with the by-law, any notice or the written consent of the General Manager

.5

11

Fail to comply with notices to redirect drainage of concentrated water from land to a natural watercourse, drainage system or drain

.5

12(2)

Fail to provide building site sanitation in accordance with the by-law

1.5

13

Fail to comply with directions concerning the placement and operation of equipment used for the purpose of building site sanitation

1.5

15(1)

Fail to comply with directions in respect of the proper disposal of human waste

1.5

15(2)

Fail to empty portable sanitary fixtures on a regular basis and/or in the manner approved

1.5

17(1)

Operate an on-site disposal system without a special connection permit

1 (and .25 for each day the offence continues)

17(2)

Fail to operate an on-site disposal system in accordance with any relevant standards, codes, guidelines and specifications and in accordance with a special connection permit

1 (and .25 for each day the offence continues)

23

Fail to provide name

1

SCHEDULE 4 - Devonport City Council By-laws

Clause 7

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Car Parking

 

By-law No. 1 of 2003 (Gazetted on 22 October 2003)

1. In the long title, omit "compositions" and substitute “infringement notice penalties”.

 

2. Omit clause 12 and substitute model provision 2A as clause 12.

 

3. Omit clauses 15 and 16 and substitute the proposed clause set out in Part 3 of this Schedule as clause 15.

 

4. After clause 15, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Refuse, Refuse Containers And Refuse Containers Removal

 

By-law No. 2 of 2000 (Gazetted on 28 March 2001)

1. Omit clauses 11, 12 and 13 and substitute model provision 1A as clause 11.

 

2. After clause 11, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Reserves, Parks and Gardens

 

By-law No. 1 of 2007 (Gazetted on 21 February 2007)

1. Omit clauses 3(3) and (4); 5(2) and (3); 6(2) and (3); 7(2) and (3); 8(8) and (9); 9(2) and (3); 10(2) and (3);11(2) and (3);12(2) and (3); 13(2) and (3); 14(2) and (3); 15(2) and (3); 16(2) and (3); 17(2) and (3); 18(2) and (3); 19(2) and (3); 20(3) and (4); 21(2) and (3); 22(2) and (3); 23(2) and (3); 24(2) and (3); 25(2) and (3); 26(3) and (4); 27(2) and (3); 28(2) and (3); 29(6) and (7); 30(2) and (3); 31(2) and (3); 32(2) and 3); 33(2) and (3); 34(2) and (3); 35(2) and (3); 36(2) and (3); 37(2) and (3); 38(2) and (3); 39(3) and (4); 40(2) and (3); 41(3) and (4); 42(2) and (3); 43(3) and (4).

 

2. Omit clause 48 and substitute model provision 2B as clause 48.

 

3. Omit clause 49(4) and (5).

 

4. Omit Schedule 2 and substitute the proposed schedule set out in Part 5 of this Schedule as Schedule 2.

Street Dining

 

By-law No. 1 of 2005 (Gazetted on 2 November 2005)

1. Omit clause 8(2) and (3); 10(3) and (4); 11(2) and (3); 12(2) and (3); and 13(5).

 

2. Omit clause 14 and substitute model provision 1B as clause 14.

 

3. Omit Form 3 of Schedule 1.

 

4. After Schedule 1, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 2.

PART 2 - Schedule for Car Parking By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Column 5

Clause

General Description of Offence

Penalty

Reduced penalty if paid to Council within 14 days from

Reduced penalty if paid to Council within 28 days

Clause 4(a)

Parking meter not running or exceeding maximum period on parking meter

$50

$12

$25

Clause 4(b)

No voucher displayed, voucher expired or exceeding maximum period authorised

$50

$12

S25

PART 3 - Clause for Car Parking By-law
15.   Prescribed penalties for parking offences under the Local Government (Highways) Act 1982
For the purposes of section 100(4) of the Local Government (Highways) Act 1982, the prescribed penalty for an infringement notice issued for an offence under section 97 , 98 or 99 of that Act is the applicable sum specified in the following table:

Penalty

Reduced penalty if paid to Council within 14 days from the date of service of the Infringement Notice

Reduced penalty if paid to Council after 14 days but within 28 days from the date of service of the Infringement Notice

$50

$12

$25

PART 4 - Schedule for Refuse, Refuse Containers and Refuse Containers Removal by-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY (Penalty units)

4

Cartage of refuse contrary to by-law

2

5

Use of refuse disposal area contrary to by-laws

2

6

Entry into disposal area without permission

2

8

Failure to comply with by-laws relating to kerbside collection

2

9

Failure to keep premises clean

2

PART 5 - Schedule for Reserves, Parks and Gardens By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Column 5

Clause

General Description of Offence

Penalty (Penalty units except where specified in dollar amounts)

Reduced penalty if paid within 14 days from the date of service of the Infringement Notice

Reduced penalty if paid after 14 days but within 28 days from the date of service of the Infringement Notice

5

Non-compliance with hire conditions

1.5

  

6

Sub-lease or sub-hire of public reserve

1.5

  

7

Interference with peaceable use of public reserve

2

  

8

Creation of entrance without permission

.5

  

9

Erection of structure without permission

.5

  

10

Erection of sign without authority

.5

  

11

Sale of item in public reserve without authority

2

  

12

Distribution of advertisement without authority

.5

  

13

Conducting or participating in organised sport without authority

1

  

14

Conducting organised activity without authority

1

  

15

Playing golf except where permitted

.5

  

16

Use of radios or loudspeakers

.5

  

17

Use of change room and toilet by person of opposite sex

.5

  

18

Use of playground contrary to by-laws

1

  

19

Collection of money without authority

.5

  

20

Camping without permission

.5

  

21

Climbing without authority

.5

  

22

Permitting animals in public reserve without permission

.5

  

23

Use of skates and cycles without authority

.5

  

24

Firing of projectile

1

  

25

Deposit of refuse without lawful authority

1.5

  

26

Breaking of glass

1

  

27

Disorderly conduct

.5

  

28

Abuse of authorised officer

1

  

29

Possession or consumption of alcoholic beverage in alcohol free area

1

  

30

Damaging of council property

1

  

31

Planting or tending of vegetation

1

  

32

Interfering with items in public reserve

1

  

33

Taking of wildlife etc

1

  

34

Lighting fire without authority

1

  

35

Defacement of public property

1

  

36

Collection of wood without authority

1

  

37

Parking of vehicle contrary to by-law

$50

$12

$25

38

Driving vehicle contrary to by-law

1

  

39

Parking in closed Reserve

1

  

40

Failure to use proper access point in parking area

$50

$12

$25

41

Parking in reserved space

.5

  

42

Washing, dismantling and repairing vehicle without authority

.5

  

43

Disobeying reasonable direction of authorised officer

.25

  

49

Failure to comply with rectification notice

1

  
PART 6 - Schedule for Street Dining By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

8

Street dining without a licence

$200

10

Failure to keep street dining area clean

$100

11

Use of street rubbish bins

$100

12

Failure to remove furniture daily

$200

13

Failure to produce insurance policy

$150

SCHEDULE 5 - Dorset Council By-laws

Clause 8

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Caravans and Outbuildings

 

By-law No. 1 of 2003 (Gazetted on 25 June 2003)

1. Omit clauses 14, 15 and 16 and substitute model provision 1B as clause 14 and model provision 4 as clause 15.

 

2. After Schedule 1, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2.

Water, Sewer and Stormwater

 

By-law No. 3 of 2003 (Gazetted on 25 June 2003)

1. Omit clause 43 and substitute model provision 1A as clause 43 and model provision 4 as clause 43A.

 

2. After clause 44, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Reserves, Recreation Grounds and Caravan Parks

 

By-law No. 4 of 2003 (Gazetted on 25 June 2003)

1. Omit clause 29(2), (3) and (4).

 

2. After clause 29, insert model provision 1A as clause 29A.

 

3. After clause 30, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Swimming Centres

 

By-law No. 6 of 2003 (Gazetted on 25 June 2003)

1. Omit clause 28 and substitute model provision 1A as clause 28 and model provision 4 as clause 28A.

 

2. After clause 29, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

Sewage Treatment

 

By-law No. 7 of 2003 (Gazetted on 25 June 2003)

1. Omit clauses 7, 8 and 9 and substitute model provision 1A as clause 7 and model provision 4 as clause 8.

 

2. After clause 10, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

On-Street Dining

 

By-law No. 8 of 2003 (Gazetted on 25 June 2003)

1. Omit clause 10 and substitute model provision 1A as clause 10 and model provision 4 as clause 10A.

 

2. After clause 11, insert the proposed schedule set out in Part 7 of this Schedule as Schedule 1.

PART 2 - Schedule for Caravans and Outbuildings By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Occupation of caravan or outbuilding without licence

1

9

Occupation of caravan in public place

1

10

Allowing occupation of caravan or outbuilding in return for rent

1

PART 3 - Schedule for Water, Sewer and Stormwater By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Opening any ground so that a sewer, stormwater or water main, water service or branch owned by Council is exposed

1

5

Interfering with a sewer, stormwater or water main, water service or branch owned by Council

1

6

Constructing any structure, fence or carrying out other works so that it alters or interferes with a sewer, stormwater or water main, water service or branch owned by Council

1

8

Altering the ground level in the area of any Council service or main by the addition or removal of fill, top soil or other materials

1

10

Refusing to disconnect from a shared installation

1

11

Refusing to lay down a water installation and disconnect and seal any other service

1

12

Connecting, making any entry into, removing part of, or otherwise interfering with any pipe or apparatus to a water system

1

13

Refusing to install a backflow prevention device

1

14

Not using water through a meter where a meter is fitted

1

15

Using or taking water from a water installation on Council owned, leased or controlled properties without written approval from the General Manager

1

16

Using water taken from a water main to fill or replenish any dam or non-potable water storage or water without approval

1

17

Using water from a water main to fill or replenish any animal water trough without a backflow prevention device installed where the Council supply enters the property and a ball float is installed

1

18 (1)

Taking water from a water main, water service or installation or water system for the purpose of sale without a permit

1

18 (2)

When issued with a permit to take water, not taking water from the metered supply point stated and failing to provide a record of reading of the meter

1

19

Using fire protection equipment attached to any water main for any purpose other than fire protection without approval from the General Manager

1

20 (3)

Using water in breach of any applicable water restriction

1

20 (4)

Using water in breach of water restrictions imposed as a result of a total fire ban

1

20 (5)

Unauthorised irrigation of sporting fields by sporting clubs

1

20 (6)

Irrigating sports fields during day on which a total fire ban has been declared

1

23

Installing more than one separate sewer branch per property

1

24

Connecting, making entry into, removing part of, or otherwise interfering with any drain or pipe to a sewer system including any drain, pipe, fitting, or fixture connected to the system without approval

1

25

Failing to disconnect from a shared installation after being given notice

1

28

Discharging into a sewer main any waste that is prohibited discharge or trade waste that exceeds the sewer admission limits as specified under a permit

1

31

Making changes to a permit except in compliance with the requirements of a permit and this by-law

1

32

Failing to notify any change to the ownership or occupancy of a property which discharges trade waste into the system

1

33

Not installing a chamber that is readily accessible to an authorised officer to inspect, sample and measure trade waste

1

34

Exceeding limits specified in a permit

1

36

Connecting to any drain or pipe without the written approval of the General Manager

1

37

Refusing to disconnect from a shared installation

1

38

Discharging matter which is not in accordance with the Sewers and Drains Act 1954 and the Plumbing Regulations

1

39

Not complying with the conditions of a permit, licence or approval

1

41

Not complying with a notice issued pursuant to this by-law

1

PART 4 - Schedule for Reserves, Recreation Grounds and Caravan Parks By-law
Schedule 1– Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

3

Destruction of vegetation

1

4

Digging, cutting or removing soil

1

5

Permitting animals in reserves, recreation grounds or caravan parks without authorisation

1

6

Driving of vehicles in reserves, recreation grounds or caravan parks

1

7

Camping or setting up any caravan or tent without a permit

1

8

Lighting or maintaining fires in an undesignated area

1

9

Damaging or disfiguring a reserve, recreation ground or caravan park

1

10

Unreasonably interfering with the peaceful use by the public of any reserve, recreation ground or caravan park

1

11

Unauthorised entry to a reserve or recreation ground if it is leased or hired to any other person

1

12

Taking or possessing wildlife or wildlife products unless authorised

1

13

Sale of goods, chattels or property without a permit

1

14

Leasing or hiring of land, goods, chattels or property without a permit

1

15

Placing, building or setting up any building structure or obstruction without a permit

1

16

Conducting any amusement or entertainment for financial reward without a permit

1

17

In any place set aside as a children’s playground:

1

 

(a) failing to comply with the directions of an authorised officer;

 
 

(b) misusing or damaging any children's playground equipment

 
 

(c) using equipment unless the person is under 12 years of age

 

18

Parking or leaving any motor vehicle without a permit

1

19

Using or operating any television, radio, loudspeaker, tape, cassette player, compact disc player or any other method of amplifying or playing music, recorded or otherwise, in such a way as to annoy other people

1

20

Removing, damaging, defacing or disturbing any relic without a permit

1

21

Failing to comply with the directions of an authorised officer giving reasonable directions to any person engaging in a game, sport or activity

 

22

Undertaking any of the following activities without a permit:

1

 

(a) erection of signage

 
 

(b) giving out or distributing information

 
 

(c) making or marking tracks or routes

 
 

(d) erecting a cairn or memorial

 

26(a)

Taking a caravan or setting up a tent beyond the reception area

1

26(b)

Placing a car, caravan, tent or other vehicle or equipment on an unallocated site

1

26(c)

Entering a caravan park after being refused permission

1

26(d)

Driving a vehicle at a speed in excess of 10 kilometres per hour

1

26(e)

Taking or driving a vehicle on any part of the park other than a defined roadway

1

26(f)

Leaving a car or other vehicle on a roadway, when requested to remove it therefrom

1

26(g)

Fouling the land or disposing of any refuse or garbage

1

26(h)

Disposing of sullage water, except into a sump provided for that purpose

1

26(i)

Having a dog or other animal in the caravan park

 

26(j)

Failing to remove a car or caravan to another site when requested to do so

1

26(k)

Watering or hosing down an area around a caravan site without approval

1

PART 5 - Schedule For Swimming Centres By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Fail to pay correct fee

.5

6

Person entering a pool who has or appears to have an infection, contagious or offensive disease or skin complaint

.5

7

Using a pool, part of pool or other facility if it is closed

.5

9

Possessing or having under control a dog or other animal in a centre

.5

10

Possessing or breaking any item of glass or crockery or any other material

.5

11

Possessing, consuming or selling liquor

.5

12

Entering a changeroom reserved for use by people of the opposite sex

.5

13

Loitering in a changeroom or toilet

.5

14

Not wearing bathers of an acceptable style or other authorised clothing

.5

15

Not washing under a shower prior to entering a pool when requested to do so

.5

16

Running in a swimming centre

.5

17

Damaging equipment, furniture, building or other part of a swimming centre

.5

18

Climbing or attempting to climb on a fence, roof or other part of a building in a centre

.5

19

Putting a polluting substance in a pool

.5

20

Urinating, defecating or spitting in a pool or shower

.5

21

Disorderly conduct

.5

22

Distributing advertising

.5

23

Threatening, intimidating, using abusive language to an authorised officer

1

24

Parking a vehicle in a no-parking zone in the grounds of a centre

.5

25

Coaching or instructing a person for payment without the permission of the General Manager

.5

PART 6 - Schedule for Sewage Treatment By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Failure to inspect and report in accordance with the procedures specified by the manufacturer of the package plant

1

5

Failure to undertake maintenance of the package plant

1

PART 7 - Schedule for On-street Dining By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

6

Street dining without a licence

1

7

Failing to maintain area in a clean and sanitary manner

1

8

Failing to use street rubbish bins for disposal of food waste

1

SCHEDULE 6 - Huon Valley Council By-laws

Clause 9

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Caravan

 

By-law No. 17 of 2005 (Gazetted on 21 September June 2005)

1. Omit clause 18 and substitute model provision 1B as clause 18 and model provision 4 as clause 18A.

 

2. Omit Form 2 from Schedule 1.

Council Land and Recreational Facilities

 

By-law No. 19 of 2006 (Gazetted on 2 May 2007)

1. Omit clause 68 and substitute model provision 1A as clause 68.

Roads (Local Highways)

 

By-law No. 16 of 2004 (Gazetted on 6 April 2005)

1. Omit clause 37 and substitute model provision 1A as clause 37 and model provision 4 as clause 37A.

 

2. Omit the Schedule and substitute the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Waste Management

 

By-law No. 15 of 2002 (Gazetted on 26 March 2003)

1. Omit clause 18 and substitute model provision 1A as clause 18 and model provision 4 as clause 18A.

 

2. Omit the Schedule and substitute the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Water, Sewer and Storm Water

 

By-law No. 14 of 2002 (Gazetted on 5 March 2003)

1. In clause 10(1), omit "the Schedule" and substitute "Schedule 1".

 

2. In clause 19(2), omit "the Schedule" and substitute "Schedule 1".

 

3. In clause 24(1), omit "the Schedule" and substitute "Schedule 1".

 

4. In clause 36(1), omit "the Schedule" and substitute "Schedule 1".

 

5. Omit clause 44 and substitute model provision 1B as clause 44 and model provision 4 as clause 44A.

 

6. Omit Form 3 from the Schedule.

 

7. After the Schedule, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 2.

 

8. After clause 45, omit the heading "Schedule" each time occurring and substitute "Schedule 1".

PART 2 - Schedule for Roads (Local Highways) By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

6

Construct a crossing without a permit

1

8

Fail to maintain a crossing

2

10(1)

Cause damage to footpath/kerb/gutter/nature strip

1

10(2)

Drive over footpath/kerb/gutter/nature strip from construction site other than at a designated crossing

2

12(1)

Undertake works on a road without a permit

3

13

Conduct event on/place obstruction on/enclose a road without a permit

2

14

Place a sign on a footpath without a permit

1

15(1)

Place a sign on a road without a permit

1

15(2)

Place an electoral sign on a road

1

16(1)

Set up a stall on a road without a permit

1

17(1)

Place street dining furniture on road without a permit

1

18

Use street rubbish bin to dispose of street dining waste

1

19(1)

Park vehicle on footpath/kerb/gutter/nature strip without permit

.5

20(1)

Place skip bin/waste collection bin on road without approval

1

20(2)

Park trailer on road without a permit

.5

21

Park vehicle on road for purposes of sale

1

22

Deposit material on a road

2

23

Deposit hazardous material on a road

2

24

Drive vehicle on a road with materials adhered to wheels

1

26(1)

Use road for mixing substances without a permit

1

26(2)

Place object on road to inhibit parking without a permit

2

27(1)

Drive vehicle on road without suitable tyres or protected tracks

1

28

Take solid materials from a road without a permit

4

29

Destroy/damage/remove vegetation from a road without a permit

1

32(2)

Fail to comply with a permit

1

35

Fail to produce a permit on request by a police officer/an authorised officer

.5

41(1)

Fail to comply with a direction/notice

1

PART 3 - Schedule for Waste Management By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

6

Deposit refuse at a waste management facility outside of operating hours/without paying charge

1

8(1)

Fail to comply with a direction at a waste management facility

1

8(3)

Deposit controlled waste/inert waste/trade waste at a waste management facility without approval

2

9(a)

Deposit refuse outside boundary of waste management facility

1

9(b)

Deposit refuse/animal manure outside of specified area in waste management facility

1

9(c)

Deposit unsecured material capable of becoming airborne

1

9(d)

Deposit sharps outside of specified area in waste management facility

1

9(e)

Remain in waste management facility longer than necessary to deposit refuse

1

9(f)

Fail to comply with direction of authorised officer

1

10(a)

Dump hot refuse in a waste management facility

2

10(b)

Permit open burning in a waste management facility

2

10(c)

Set fire to refuse in waste management facility

2

11(1)

Enter waste management facility for purpose other than to deposit refuse

1

11(2)

Remove article deposited as refuse/interfere with any materials, plant or equipment at a waste management facility

1

12

Fail to convey refuse in a manner to prevent escape from vehicle/create a nuisance/cause risk to public health

2

13(5)

Fail to comply with direction of an authorised officer on disposal of refuse

1

13(10)

Collect refuse placed for Council’s refuse collection service

4

14(1)(a)

Fail to store refuse container within premises

1

14(1)(b)

Fail to use refuse container for refuse produced in the premises

1

14(1)(c)

Fail to keep refuse container in good repair/sanitary condition

1

14(1)(d)

Fail to clean and disinfect refuse container as required by an authorised officer

1

14(1)(e)

Fail to place refuse container for collection in notified place and manner

1

14(1)(f)

Fail to ensure contents of refuse container do not exceed 50kg

1

14(1)(g)

Place non-recyclables in recycling crate

1

14(1)(h)

Place refuse container in position to block/obstruct pedestrians

1

15(1)(a)

Place hot/likely to become hot substance in refuse container

1

15(1)(b)

Place substance in refuse container that may/is likely to explode

1

15(1)(c)

Place substance in refuse container that may generate toxic gas or fumes

1

15(1)(d)

Place corrosive substance in refuse container

1

15(1)(e)

Place sharps/infectious waste in refuse container

1

15(1)(f)

Place dangerous substance in refuse container

1

16(2)

Fail to leave waste management facility as directed

1

17(2)

Fail to supply full name and address

1

PART 4 - Schedule for Water, Sewer and Stormwater By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(1)

Open ground to expose a water/sewer/stormwater system

2

5(2)

Open surface of highway to expose a water/sewer/stormwater system

2

6

Interfere with water/sewer/stormwater system

2

7(1)

Construct structure interfering with water/sewer/stormwater system

2

9

Alter surface of land over water/sewer/stormwater system

.5

10(3)

Connect to more than one water service

1

11(1)

Fail to disconnect from shared water installation

.5

12

Fail to connect to water service

.5

13

Unapproved connection to water service

2

14

Fail to install backflow prevention device

.5

15(1)

Use water not measured through a meter

1

16

Use/take water from Council water installation

4

17

Use water to fill dam or water tank

1

18(1)

Use water trough without approved backflow protection/working ball float installed

1

19(1)

Sale of water from Council water service without a permit

4

19(5)

Take water from unapproved supply point/fail to provide records of water taken from Council water service

2

20

Use fire protection equipment attached to water main other than for fire protection

.5

21(3)

Use water in breach of water restriction

1

21(4)

Use water in breach of water restriction imposed by total fire ban

4

24(3)

Connect to more than one sewer service

.5

25

Unapproved connection to sewer service

2

26

Fail to disconnect from shared sewer installation

.5

29

Discharge waste exceeding sewer admission limits

4

32(2)

Make changes to processes affecting trade waste without notification

.5

33

Fail to notify change in ownership/occupancy or property subject to trade waste permit

.5

34

Fail to install chamber for measuring trade waste

.5

35

Exceed specified limit in trade waste permit

4

36(3)

Connect to more than one stormwater service

.5

37

Interfere with stormwater system

2

38

Fail to disconnect from shared stormwater installation

.5

39

Fail to discharge appropriate matter into stormwater system

.5

40(1)

Fail to comply with terms and conditions of approval

1

42(1)

Fail to comply with a notice

1

SCHEDULE 7 - Launceston City Council By-laws

Clause 10

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Private Works on Roads

 

By-law No. 2 of 2000 (Gazetted on 10 May 2000)

1. Omit clauses 5(2) and (3), 9(2) and (3), 11(2) and (3), and 12(2) and (3).

 

2. Omit clause 20 and substitute model provision 1A as clause 20.

 

3. After clause 20, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1

Trade Waste

 

By-law No. 5 of 2004 (Gazetted on 28 September 2005)

1. Omit clauses 4(2) and (3), and 6(2) and (3).

 

2. Omit clause 8 and substitute model provision 1A as clause 8.

 

3. After clause 8, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

York Park Stadium

 

By-law No. 6 of 2007 (Gazetted on 23 May 2007)

1. Omit clauses 4(3) and (4), 6(2) and (3), 8(2) and (3), 9(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), 17(2) and (3), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(3) and (4), 24(2) and (3), and 27(2) and (3).

 

2. Omit clause 28, and substitute model provision 1B as clause 28.

 

3. After Schedule 1, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 2.

Kerbside Collection Services

 

By-law No. 8 of 2003 (Gazetted on 24 November 2004)

1. Omit clauses 5(3) and (4), 6(2) and (3), 7(2) and (3), 9(2) and (3), 10(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(4) and (5), 15(2) and (3), 16(2) and (3), 17(6) and (7), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(2) and (3), and 30(2) and 30(3).

 

2. Omit clause 32 and substitute model provision 1A as clause 32.

 

3. After clause 32, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

Prevention of Outdoor Burning

 

By-law No. 9 of 2007 (Gazetted on 18 July 2007)

1. Omit clauses 5(2) and (3) and 6(4) and (5).

 

2. Omit clause 11 and substitute model provision 1A as clause 11.

 

3. After clause 11, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

Swimming Centres

 

By-law No. 14 of 1998 (Gazetted on 3 March 1999)

1. Omit clauses 5(2), 5(3), 8(3), 8(4), 10(2), 10(3), 11(2), 11(3), 12(2), 12(3), 13(2), 13(3), 14(2), 14(3), 15(2), 15(3), 16(2), 16(3), 17(2), 17(3), 18(2), 18(3), 19(2), 19(3), 20(2), 20(3), 21(2), 21(3), 22(2), 22(3), 23(2), 23(3), 24(2), 24(3), 25(2), 25(3), 26(2), 26(3), 27(2), 27(3), 28(2), 28(3), 29(3), 29(4).

 

2. Omit clause 31 and substitute model provision 1A as clause 31.

 

3. After clause 31, insert the proposed schedule set out in Part 7 of this Schedule as Schedule 1.

Building Site Sanitation

 

By-law No. 15 of 1999 (Gazetted on 16 June 1999)

1. Omit clauses 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 10(2) and (3), 12(2) and (3), 13(3) and (4), and 14(2) and (3).

 

2. Omit clause 15 and substitute model provision 1A as clause 15.

 

3. After clause 15, insert the proposed schedule set out in Part 8 of this Schedule as Schedule 1.

Cemeteries

 

By-law No. 16 of 1998 (Gazetted on 16 September 1998)

1. Omit clauses 17(2) and (3), 18(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 27(2) and (3), 28(2) and (3), 31(2) and (3), 37(2) and (3), 40(2) and (3), 41(2) and (3), 42(2) and (3), 43(2) and (3), 44(2) and (3), 45(2) and (3), 46(2) and (3), 47(2) and (3), 48(2) and (3), 49(2) and (3), and 50(2) and (3).

 

2. Omit clause 53 and substitute model provision 1A as clause 53.

 

3. After clause 53, insert the proposed schedule set out in Part 9 of this Schedule as Schedule 1.

Refuse Disposal Areas

 

By-law No. 21 of 2004 (Gazetted on 6 April 2005)

1. Omit clauses 4(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(2) and (3), 10(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), and 17(2) and (3).

 

2. Omit clause 21 and substitute model provision 1A as clause 21.

 

3. After clause 21, insert the proposed schedule set out in Part 10 of this Schedule as Schedule 1.

Flood Protection Works

 

By-law No. 23 of 2001 (Gazetted on 16 January 2002)

1. Omit clauses 4(2) and (3), 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), and 9(2) and (3).

 

2. Omit clause 11 and substitute model provision 1A as clause 11.

 

3. After clause 12, insert the proposed schedule set out in Part 11 of this Schedule as Schedule 1.

Parking

 

By-law No. 24 of 2003 (Gazetted on 4 June 2003)

1. In the long title, omit "compositions" and substitute “infringement notice penalties”.

 

2. Omit clauses 4(2) and (3), 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(3) and (4), 9(2) and (3), 10(3) and (4), 11(2) and (3), 12(2) and (3), 13(3) and (4), 14(2) and (3), 15(2) and (3), 17(3) and (4), 20(2) and (3), and 21(3) and (4).

 

3. Omit clauses 27 and 28 and substitute model provision 2A as clause 27 and the proposed clause set out in Part 13 of this Scheduleas clause 28.

 

4. After clause 28, insert the proposed schedule set out in Part 12 of this Schedule as Schedule 1.

PART 2 - Schedule for Private Works on Roads By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Unauthorised works

1

9

Fail to change ownership

1

11

Fail to use appropriate crossing

1

12

Leave material on roads

1

PART 3 - Schedule for Trade Waste By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Discharge trade waste without authorisation

8

6

Abuse an authorised officer

1

PART 4 - Schedule for York Park Stadium By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Remaining in York Park Stadium when closed

0.5

6

Conducting a function without permission

0.5

8

Disorderly conduct

1

9

Climbing trees and other objects

0.5

11

Wilful breakage of glass

0.5

12

Participate in organised sport without permission

0.5

13

Organise or participate in preaching or concerts without permission

0.5

14

Collecting money without permission

0.5

15

Erecting structure without permission

1

16

Erecting sign without permission

0.5

17

Allowing animals in York Park Stadium without permission

0.5

18

Damaging Council property

1

19

Interference with items

1

20

Lighting a fire without permission

1

21

Defacing property without permission

1

22

Using skates and cycles

0.5

23

Parking when York Park Stadium is closed

0.5

24

Entering and leaving parking area by inappropriate access point

0.2

27

Abusing an authorised officer

1

PART 5 - Schedule for Kerbside Collection Services By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Fail to use central collection area prepaid bags

0.5

6

Exceeding weight limit for central collection area prepaid bag

0.5

7

Placing pre-paid bags too early prior to collection

0.5

9

Fail to wrap certain materials in pre-paid bags

0.5

10

Place excluded material in a pre-paid bag

5

11

Place dangerous materials in a pre-paid bag

5

12

Fail to secure pre-paid bags

0.5

13

Fail to remove material spilt from pre-paid bag

0.5

14

Using non-complying mobile garbage bins and crates

1

15

Exceeding weight limit for mobile garbage bin

0.5

16

Placing mobile garbage bin too early prior to collection

0.5

17

Fail to properly place mobile garbage bin or crate

1

18

Fail to remove mobile garbage bin or crate

0.2

19

Use of private mobile garbage bins

5

20

Placement of dangerous materials in mobile garbage bin or crate

5

21

Placing contaminating materials with recyclables

1

22

Littering

10

23

Improper use of litter bin

1

24

Misuse mobile garbage bin or crate

1

25

Theft of mobile garbage bin or crate

1

26

Theft of recyclable materials from the kerbside

1

27

Causing a nuisance with mobile garbage bin or crate

1

30

Abuse an authorised officer

1

PART 6 - Schedule for Prevention of Outdoor Burning By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Prohibition

2

6

Power to extinguish

1

PART 7 - Schedule for Swimming Centres By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Failure to pay fee

0.5

8

Use of pool when closed

0.5

10

Allowing dog or other animal in a centre

0.2

11

Possession of objects likely to injure

0.5

12

Possession or consumption of liquor

0.5

13

Improper use of change rooms

0.5

14

Loitering

0.5

15

Failure to wear appropriate clothes

0.5

16

Failure to shower on request

0.5

17

Running in a centre

0.5

18

Causing damage to council property

0.5

19

Climbing on structures

0.5

20

Introduction of polluting substances into pool

0.5

21

Pollution of pool or shower

0.5

22

Disorderly conduct

0.5

23

Improper use of slidewinder

0.5

24

Distribution of advertisement

0.5

25

Abusing an authorised officer

1

26

Parking in a no parking zone

0.5

27

Coaching without permission

0.5

28

Failure to return locker keys

0.5

29

Entry when admission refused

0.5

PART 8 - Schedule for Building Site Sanitation By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5

Failure to provide sanitary services at a building site

1

6

Failure to seek approval

0.5

7

Failure to provide sufficient sanitation devices

0.5

8

Failure to comply with direction as to location of sanitary devices

1

10

Failure to locate sanitary devices to allow routine servicing

0.5

12

Failure to comply with directions

0.5

13

Failure to empty portable toilet

0.5

14

Failure to keep sanitary services clean

0.5

PART 9 - Schedule for Cemeteries By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

17

Erection of a monument on a common site

1

18

Failure to keep in good repair

1

21

Erection of unauthorised structure

2

22

Failure to comply with fence construction standards

1

23

Construction of monument when not qualified or experienced

1

24

Construction outside designated hours

1

27

Unauthorised placement of construction equipment

0.5

28

Failure to reinstate area after construction

0.5

31

Placement of more than one vase

0.2

37

Operation of crematorium equipment without permission

5

40

Planting of trees, shrubs or plants without permission

0.5

41

Possession of animal in a cemetery

0.5

42

Disorderly conduct

0.5

43

Causing a nuisance

0.5

44

Damaging objects placed on grave sites

1

45

Damaging objects in a cemetery

1

46

Distribution of advertisement in a cemetery

0.5

47

Conducting a trade, business or calling without permission

0.5

48

Damaging council property in a cemetery

1

49

Driving other than as directed in a cemetery

0.5

50

Use of small wheeled devices other than on paths provided

0.5

PART 10 - Schedule for Refuse Disposal Areas By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Failure to pay fee

0.5

6

Removal of wood without permission

0.5

7

Unauthorised entry

0.5

8

Dumping of refuse outside boundaries of refuse disposal area

0.5

9

Lighting of fires without permission

1

10

Disposal of dangerous materials

1

11

Disposal of hazardous waste

1

12

Failure to secure material

0.5

13

Damaging council property

1

14

Permitting animals to be at large in certain areas

0.5

15

Scavenging without authority

1

16

Failure to secure load

0.5

17

Failure to comply with direction

0.5

PART 11 - Schedule for Flood Protection Works By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Damage to flood protection works

2

5

Alteration of level of flood protection works

2

6

Erection of structures on flood protection works without permission

2

7

Interference with flood protection works

2

8

Obstruction of access to flood protection works

2

9

Failure to obtain permission to carryout out certain activities near flood protection works

2

PART 12 - Schedule for Parking By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Column 5

Clause

General Description of Offence

Penalty (Penalty unit unless $ amount specified)

Reduced penalty if paid to Council within 14 days from date of service of Infringement Notice

Reduced penalty if paid to Council after 14 days but within 28 days from date of service of Infringement Notice

4

Failure to use designated access point to parking area

$50

$10

$20

5

Exceeding speed limit in parking area

0.5

  

6

Parking outside designated area

$50

$10

$20

7

Failure to pay parking fee

$50

$10

$20

8

Failure to display current parking voucher

$50

$10

$20

9

Parking longer than the maximum period

$50

$10

$20

10

Parking in a reserved space without authorisation

$50

$10

$20

11

Damaging equipment in a parking area

0.5

  

12

Unauthorised removal of infringement notice

0.5

  

13

Washing, dismantling, repairing vehicle without consent

0.5

  

14

Skidding of vehicles

0.5

  

15

Distributing advertisement without consent

0.5

  

17

Defacing Council property without consent

0.5

  

20

Obstructing vehicle or foot traffic

0.5

  

21

Using skates and cycles in a parking area

0.5

  
PART 13 - Clause for Parking By-law
28.   Prescribed penalties for parking offences under the Local Government (Highways) Act 1982
For the purposes of section 100(4) of the Local Government (Highways) Act 1982, the prescribed penalty for an infringement notice issued for an offence under section 97 , 98 or 99 of that Act is the applicable sum specified adjacent to the offence in the following table:

Section

Description of

Offence

Penalty (Dollar amount)

Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice

Reduced penalty if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice

Section 97(1)(a)(i)

Remaining parked whilst meter not running

$50

$10

$20

Section 97(1)(a)(ii)

Exceeding maximum period on parking meter

$50

$15

$25

Section 97(1)(b)(i)

Parking without parking voucher displayed

$50

$10

$20

Section 97(1)(b)(ii)

Parking longer than authorised by a parking voucher

$50

$10

$20

Section 97(1)(c)

Parking more than one motor vehicle in a space

$50

$10

$20

Section 97(1)(d)

Parking a motor vehicle partly inside and partly outside a space

$50

$10

$20

Section 98

Obstructing use of parking space

$50

$10

$20

Section 99

Parking whilst space closed

$50

$10

$20

SCHEDULE 8 - Sorell Council By-laws

Clause 11

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Al'Fresco Dining

 

By-law No. 7 of 1999 (Gazetted on 24 November 1999)

1. Omit clause 10 and substitute model provision 3A as clause 10.

 

2. After clause 10, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Environmental Health

 

By-law No. 1 of 2004 (Gazetted on 21 July 2004)

1. Omit clause 35 and substitute model provision 1C as clause 35.

 

2. Omit the following from Schedule 2:

 

(a) in the heading, "AND INFRINGEMENT NOTICES";

 

(b) Form 3.

 

3. After Schedule 2, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 3.

Hydraulic Services

 

By-law No. 5 of 1999 (Gazetted on 1 September 1999)

1. Omit clause 37 and substitute model provision 3B as clause 37.

 

2. After Schedule 1, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 2.

Public Places

 

By-law No. 3 of 1999 (Gazetted on 12 May 1999)

1. Omit clause 14 and substitute model provision 3A as clause 14.

 

2. After clause 15, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

Signs

 

By-law No. 4 of 1999 (Gazetted on 12 May 1999)

1. Omit clause 20 and substitute model provision 3A as clause 20.

 

2. After clause 20, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

Vehicular Crossings

 

By-law No. 1 of 1999 (Gazetted on 12 May 1999)

1. Omit clause 14 and substitute model provision 3A as clause 14.

 

2. After clause 15, insert the proposed schedule set out in Part 7 of this Schedule as Schedule 1.

PART 2 - Schedule for Al'Fresco Dining By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Clause

General Description of Offence

Penalty (Penalty units)

Reduced penalty if paid within 14 days from date of service of the Infringement Notice

6(1)

Street dining without a licence

1

.5

7(1)(a)

Lack of cleanliness in dining area

1.5

1

8(1)

Use of street bins for disposal of table waste

1.5

1

PART 3 - Schedule for Environmental Health By-law
Schedule 3 – Infringement Notice Offences

Column 1

Column 2

Column 3

Clause

General Description of Offence

Penalty (Penalty units)

4

Hours of use refuse disposal site

1.5

5

Lighting of fire

1.5

6(2)

Removal of materials

1.5

9

Cartage of refuse

1

10

Disposal of hazardous waste

1.5

11

Disposal of sharps

1

12

Collection of kerbside recyclables other than by authorised contractor

1

15

Deposit dangerous substances in mobile garbage bins

1.5

16

Inadequate maintenance of premises used by animals

1.5

19

Occupation or storage of caravan without a licence

1.5

22(4)

Breach of condition of caravan licence

1.5

24

Occupation of caravan in a public place

1.5

30

Acceptance of fee for occupation of a caravan

1

PART 4 - Schedule for Hydraulic Services By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Clause

General Description of Offence

Penalty (Penalty units)

Reduced penalty if paid within 14 days from date of service of the Infringement Notice

4(1)

Opening of ground to expose service without permission of engineer

1

.5

4(2)

Opening of surface of highway to expose service without approval

1.5

1

5

Interfering with pipes without permission of engineer

1.5

1

6(1)

Construction of certain works over Council services prohibited

1.5

1

7(4)

Failure to comply with notice

.25

.15

8

Altering of surface cover over drains without approval

1.5

1

9(3)

Failure to install water service

1.5

1

10

Failure to disconnect from shared water installation if required by notice

1.5

1

11

Failure to install approved backflow device if required by notice

1.5

1

12(1)

Use of unmetered water

1.5

1

13

Unauthorised use of fire protection equipment

1.5

1

14(3)

Failure to comply with water wastage notice

.25

.15

16(2)

Installation of multiple sewer branches without approval

.25

.15

17(c)

Failure to obtain council’s consent to connect to system

1.5

1

18

Failure to comply with notice to disconnect shared installation

1.5

1

24(3)

Failure to notify changes

1.5

1

25

Failure to notify change of ownership or occupation

1.5

1

26

Failure to install chamber for inspection sampling and measuring if required

1.5

1

27

Exceeding limits specified in permit

1.5

1

29

Failure to obtain council consent to connect to system

1.5

1

30

Failure to disconnect from shared installation if required by notice

1.5

1

31

Failure to discharge matter into stormwater system

1.5

1

32(2)

Failure to comply with drainage nuisance abatement notice

1.5

1

33(2)

Failure to comply with erosion and sediment control notice

1.5

1

34

Erecting structure in watercourse without approval

1.5

1

35(1)

Erecting structure in riparian zone setback from water course without approval

1.5

1

PART 5 - Schedule for Public Places By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Clause

General Description of Offence

Penalty (Penalty units)

Reduced penalty if paid within 14 days from date of service of the Infringement Notice

5

Failing to obey terms and conditions of signs

1

0.5

6

Charging fee for admission to a public place without approval

1

0.5

7

Failing to comply with conditions on use of public places

1

0.5

8

Allowing animals and vehicles in public places

1

0.5

10

Failing to pay entrance charges

0.5

0.25

PART 6 - Schedule for Signs By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Clause

General Description of Offence

Penalty (Penalty units)

Reduced penalty if paid within 14 days from date of service of the Infringement Notice

5

Erect, construct or maintain a sign without approval

1.5

1

PART 7 - Schedule for Vehicular Crossings By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

Clause

General Description of Offence

Penalty (Penalty units)

Reduced penalty if paid within 14 days from date of service of the Infringement Notice

5

Constructing vehicle crossing without a permit

1.5

1

8

Crossing at unauthorised places

1.5

1

SCHEDULE 9 - West Tamar Council By-laws

Clause 12

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Caravans

 

By-law No. 1 of 2001 (Gazetted on 13 February 2002)

1. Omit clauses 4(2) and (3), 9(2) and (3), and 10(2) and (3).

 

2. Omit clause 13 and substitute model provision 1B as clause 13 and model provision 4 as clause 13A.

 

3. After Schedule 1, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2.

Licensing of Hawkers

 

By-law No. 1 of 2002 (Gazetted on 9 October 2002)

1. Omit clauses 4(2) and (3), 8(2) and (3), and 9(2) and (3).

 

2. Omit clause 11 and substitute model provision 1C as clause 11 and model provision 4 as clause 11A.

 

3. After Schedule 2, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 3.

Riverside Swimming Centre

 

By-law No. 1 of 1999 (Gazetted on 14 July 1999)

1. Omit clauses 4(2) and (3), 6(2) and (3), 7(3) and (4), 9(2) and (3), 10(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(4) and (5), 15(2) and (3), 16(2) and (3), 17(2) and (3), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(3) and (4), and 29(2) and (3).

 

2. Omit clause 30 and substitute model provision 1A as clause 30 and model provision 4 as clause 31.

 

3. After clause 31, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Parks, Reserves and Recreation Areas

 

By-law No. 2 of 1999 (Gazetted on 14 July 1999)

1. Omit clauses 4(3) and (4), 6(2) and (3), 7(8) and (9), 8(2) and (3), 9(2) and (3), 10(3) and (4), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), 17(2) and (3), 18(3) and (4), 19(2) and (3), 20(2) and (3), 21(3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(2) and (3), 28(2) and (3), 29(2) and (3), 30(2) (second appearing) and (3), 31(2) and (3), 32(3) and (4), 33(2) and (3), 34(3) and (4), 35(3) and (4), and 37(2) and (3).

 

2. Omit "issue an infringement notice for this offence and" from clause 21(2).

 

3. Omit clause 38 and substitute model provision 1A as clause 38 and model provision 4 as clause 38A.

 

4. After clause 39, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

PART 2 - Schedule for Caravans By-law
Schedule 2 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Occupying a caravan without a licence

.5

9

Occupying a caravan in a public place

.5

10

Rent paid for occupation of a caravan

.5

PART 3 - Schedule for Licensing of Hawkers By-law
Schedule 3 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Hawking without a licence

.5

8

Refusing to allow inspection of hawker’s licence on request

.5

9

Using unauthorised or unhygienic vehicle for food purposes

.5

PART 4 - Schedule for Riverside Swimming Centre By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Failing to pay correct fee

.5

6

Entering the centre with an infectious disease

.5

7

Using the centre whilst closed

.5

9

Possessing dogs and other animals in centre

.5

10

Possessing glass, crockery or dangerous objects

.5

11

Possessing or consuming liquor

1

12

Inappropriate use of change room or public toilet

.5

13

Loitering

.5

14

Failing to wear acceptable clothing

.5

15

Failing to wash under a shower if requested

.5

16

Running

.5

17

Damaging property

1

18

Climbing

.5

19

Depositing substances in the pool

1

20

Disorderly conduct

1

21

Unauthorised use of slidewinder

.5

22

Distributing advertisement

.5

23

Abusing an authorised officer

1

24

Coaching without permission

.5

25

Failing to return locker keys

.5

26

Smoking

.5

27

Failing to comply with refusal of admission or request to leave

1

29

Failing to supply name and address

1

PART 5 - Schedule for Parks, Reserves and Recreation Areas By-law
Schedule 1 – Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

4

Using a public reserve whilst closed

.5

6

Conducting a function without permission

.5

7

Creating an entrance without permission

1

8

Erecting a structure without permission

.5

9

Erecting a sign without permission

.5

10

Outside dining without a lease or licence

1

11

Sale of items without approval

.5

12

Distribution of advertisement without permission

.5

13

Preaching, concerts and similar activities without permission

.5

14

Participation in organised sport without approval

.5

15

Inappropriate use of change room and public toilet

.5

16

Collection of money without permission

.5

17

Climbing of trees and other objects without permission

.5

18

Dogs and other animals not under control or not in an approved area

1

19

Failure to use skates and cycles in accordance with the by-law

.5

20

Use of projectiles without approval

.5

21

Breaking of glass

.5

22

Disorderly conduct

1

23

Abuse of an authorised officer

1

24

Possession of liquor without exemption

1

25

Damage to council property

1

26

Interference with items

1

27

Lighting of a fire without approval

1

28

Graffitiing without permission

1

29

Taking of wood without approval

.5

30

Failure to park a motor vehicle in accordance with the by-law

1

31

Failure to drive a motor vehicle in accordance with the by-law

.5

32

Parking in a reserve whilst it is closed

.5

33

Failure to enter and exit a parking area using an appropriate access point provided by council

1

34

Parking in a reserved space without authorisation

1

35

Washing, dismantling and repairing motor vehicles without permission

.5

37

Failure to supply name and address

1

SCHEDULE 10 - Model Infringement Notice Provisions

Clause 3

PART 1 - Model Provisions 1A, 1B and 1C
Division 1 - Model provision 1A
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 1 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 1 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
Division 2 - Model provision 1B
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 2 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 2 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
Division 3 - Model provision 1C
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 3 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 3 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
PART 2 - Model Provisions 2A and 2B
Division 1 - Model provision 2A
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 1 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3, 4 or 5 (as applicable) of Schedule 1 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
Division 2 - Model provision 2B
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 2 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3, 4 or 5 (as applicable) of Schedule 2 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
PART 3 - Model Provisions 3A and 3B
Division 1 - Model provision 3A
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 1 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 or 4 (as applicable) of Schedule 1 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
Division 2 - Model provision 3B
1.   Infringement notices
(1) In this clause –
specified offence means an offence against the clause specified in column 1 of Schedule 2 .
(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 or 4 (as applicable) of Schedule 2 is the penalty payable under the infringement notice for that offence.
(3) An authorised officer may –
(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and
(b) issue one infringement notice in respect of more than one specified offence.
(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.
(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.
PART 4 - Model Provision 4
1.   Monies payable to council recoverable as a debt
All monies payable to the council or general manager in respect of an infringement notice are a debt due to the council and recoverable at law.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 June 2008

This order is administered in the Department of Premier and Cabinet.