Local Government (Amendment of By-laws) Order 2009


Tasmanian Crest
Local Government (Amendment of By-laws) Order 2009

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 .

27 April 2009

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 2009 .

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 Part 2 of Schedule 10 to this order;
model provision 3A means the model provision set out in 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.   Brighton Council by-laws amended

Each by-law made by the Brighton 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.   Derwent Valley Council by-laws amended

Each by-law made by the Derwent Valley 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.   Devonport City Council by-laws amended

Each by-law made by the Devonport 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.   Glenorchy City Council by-laws amended

Each by-law made by the Glenorchy 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.   Kingborough Council by-laws amended

Each by-law made by the Kingborough 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.   Latrobe Council by-laws amended

Each by-law made by the Latrobe 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.   Northern Midlands Council by-laws amended

Each by-law made by the Northern Midlands 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.   Waratah-Wynyard Council by-laws amended

Each by-law made by the Waratah-Wynyard 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 Coast Council by-laws amended

Each by-law made by the West Coast 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 - BRIGHTON COUNCIL BY-LAWS

Clause 4

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Environmental Health

 

By-law No.1 of 2004 (Gazetted on 17 November 2004)

1. Omit clause 43 and substitute model provision 1B as clause 43 and model provision 4 as clause 44.

 

2. In Schedule 1, omit Form 3.

 

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

PART 2 - SCHEDULE FOR ENVIRONMENTAL HEALTH BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

6(1)

Occupy caravan without licence

0.5

6(2)

Proprietor of land authorising or permitting person to occupy caravan on that land without licence

0.5

9

Occupy caravan situated on any road, public reserve or other public place

0.5

10

Accept fee or reward for occupation of caravan on private property unless property is registered as caravan park

0.5

11

Proprietor of land failing to keep premises free from filth or allowing refuse to accumulate on premises in a manner likely to create health risk or be unsightly

0.5

13

Builder failing to ensure toilets are provided on building site prior to commencement of building works

0.5

14

Builder failing to provide specified number of toilets on building site

0.5

15

Provide urinals on building site without written approval of General Manager

0.5

16

Builder failing to comply with specification of General Manager about type of toilet or urinal to be provided on building site

0.5

17

Builder failing to comply with direction of authorised officer about location of toilets or urinals

0.5

18

Install on building site portable toilet not designed and installed in accordance with specified requirements

0.5

19

Builder failing to ensure portable toilet emptied regularly, whenever required by General Manager, and in manner approved by General Manager

0.5

20

Fail to clean and keep clean each toilet or urinal on building site to satisfaction of General Manager

0.5

22

Install incinerator not constructed of suitable non-combustible material such as brick, concrete or metal

0.5

23

Proprietor failing to maintain incinerator in good repair and in manner that promotes efficient combustion

0.5

24

Fail to fit incinerator with lid or approved spark arrester

0.5

25

Construct incinerator or open-air fire on property in municipal area contrary to specified siting requirements

0.5

27

Burn, or cause or allow to be burned, in incinerator or open-air fire, any matter in manner to cause nuisance, environmental harm or to be liable to be dangerous to health or offensive to any person

0.5

28(1)

Light or allow to be lit or remain alight more than one incinerator or open-air fire at any one time on property within residential zone

0.5

28(2)

Light or allow to be lit or remain alight incinerator or open-air fire unless garden hose connected to water supply or suitable alternative is provided

0.5

29

Burn or cause or allow to be burned rubber or plastic substance or other specified material

0.5

30

Light or allow to be lit or remain alight incinerator or open-air fire on day on which total fire ban has been declared or on property within residential zone on day or at time other than allowed

0.5

31

Light or allow to be lit or remain alight incinerator or open-air fire on land unless waste is dry and loaded lightly so as to facilitate complete combustion

0.5

32(1)

Person burning material in contravention of Part failing to extinguish fire if instructed by authorised officer

0.5

33

Use of domestic wood-burning appliance, including heaters and stoves, contrary to specified requirements

0.5

35

Have, use or permit to be used stable on any land within residential zone in which a horse or any other animal is kept

0.5

36

Keep horse, farm animal or stock on premises or land in residential zone otherwise than in accordance with specified requirements

0.5

37

Keep certain specified animals in residential zone

0.5

38(1)

Owner of companion animal or domestic animal (other than domestic cat) permitting animal to enter or remain on property without owner or occupier's consent or to enter public land unless authorising sign displayed

0.5

38(3)

Owner of farm animal or stock failing to ensure animal or stock confined to owner's property or property where consent obtained

0.5

39(1)

Keeping more than 6 fowls on property within residential zone

0.5

39(2)

Keeping fowls within 12 metres of dwelling house or 2 metres of property boundary or allowing fowls access to any area that is within 12 metres of a dwelling house

0.5

40(1)

Occupier of premises where animal or fowl is kept failing to keep animal enclosures clean and sanitary or meet other specified requirements

0.5

40(2)

Discharge polluted drainage from animal house beyond property boundaries or into water course or drain, other than in accordance with Council permit

0.5

41(1)

Owner or occupier of property where pest animals are present, excluding strays, failing to take reasonable action to remove or eradicate them

0.5

41(2)

Owner or occupier of property where stray animals are present failing to take reasonable action to return animal to owner or person in charge or deliver animal to authorised officer or welfare agency determined by authorised officer

0.5

41(3)

Keep, store or allow to be kept or stored on property prepared food for consumption by animal unless food is stored in manner secured from all pest animals

0.5

41(4)

Feed or encourage pest animals without appropriate Council permit

0.5

SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS

Clause 5

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Consumption of Liquor in Public Places

 

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

1. Omit clause 11 and substitute model provision 3A as clause 11 and model provision 4 as clause 12.

 

2. After clause 12 insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Waste Management

 

By-law No.2 of 2003 (Gazetted on 25 February 2004)

1. Omit clause 17 and substitute model provision 1A as clause 17 and model provision 4 as clause 17A.

 

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

Water

 

By-law No.1 of 2001 (Gazetted on 24 October 2001)

1. Omit clauses 28, 29, 30 and 31 and substitute model provision 1A as clause 28 and model provision 4 as clause 29.

 

2. After clause 32 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR CONSUMPTION OF LIQUOR BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

PENALTY

  

(Penalty units)

Reduced penalty if paid to Council within 14 days

5(1)

Consume, or have open container of, liquor in public place

1

0.5

6

Withhold, or state false, name or address

1

0.5

PART 3 - SCHEDULE FOR WASTE MANAGEMENT BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

7(1)

Fail to comply with direction at waste management facility

1

7(3)

Deposit controlled waste at waste management facility without prior written approval

1

8(a)

Deposit refuse outside normal operating hours

1

8(b)

Deposit refuse outside boundary of waste management facility

1

8(c)

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

1

8(d)

Deposit unsecured material capable of becoming airborne

1

8(e)

Deposit sharps in waste management facility except at place, and in manner, approved

1

8(f)

Remain in waste management facility longer than necessary to deposit refuse

1

8(g)

Fail to comply with direction of authorised officer

1

9(a)

Dump hot refuse in waste management facility

1

9(b)

Permit open burning in waste management facility

1

9(c)

Set fire to any refuse in waste management facility

1

10(1)

Enter waste management facility for purpose other than to deposit refuse, without written permission

1

10(2)

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

1

11

Convey refuse or recyclables in vehicle or container other than in closed container or carried in manner to prevent escape or creation of nuisance

1

12(5)

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

1

12(10)

Collect refuse or recyclables placed for Council’s collection service unless authorised

1

13(1)(a)

Fail to store refuse container or recycling crate within premises

1

13(1)(b)

Fail to use refuse container for refuse produced on premises

1

13(1)(c)

Fail to keep refuse container in good repair and sanitary condition

1

13(1)(d)

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

1

13(1)(e)

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

1

13(1)(f)

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

1

13(1)(g)

Place non-recyclables in recycling crate

1

13(1)(h)

Place refuse container in position to obstruct pedestrians

1

14(1)(a)

Place hot substance in refuse container

1

14(1)(b)

Place substance that may explode in refuse container

1

14(1)(c)

Place substance that may generate toxic or poisonous gases or fumes in refuse container

1

14(1)(d)

Place corrosive substance in refuse container

1

14(1)(e)

Place sharps or potentially infectious waste in refuse container

1

14(1)(f)

Place dangerous substance in refuse container

1

15(2)

Fail to obey directions of authorised officer or police officer

1

16(2)

Fail to supply full name and address

1

PART 4 - SCHEDULE FOR WATER BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

6(2)

Commercial water carriers obtaining water from other than designated standpipe

1.5

7

Open ground to expose water main or property service without written permission

1

9(1)

Construct structure interfering with water main or property service without written approval

1.5

9(2)

Alter minimum depth of cover over any water service by removal of fill soil or other material without written approval

1

12

Fail to provide water service

1

13(1)

Fail to disconnect from shared water service

1

14(1)

Fail to install backflow prevention device

1.5

15

Use water for purpose other than that specified

1

16

Use water not measured through a meter

1.5

17

Sell water from Council water service without written approval

1

18(1)

Break seal on fire service valve or use fire protection equipment attached to water main other than for fire protection

1

19(1)

Fail to construct pipe or apparatus providing water to water closet or urinal in a way that prevents continuous flow of water

1

19(2)

Install cistern other than specified type of dual flush unit on water closet

1

20(4)

Fail to comply with notice to rectify defective work or maintenance

0.5

21(2)

Fail to comply with notice to rectify leakage or cease water wastage

1

23

Use water in breach of applicable water restrictions

1

27(a)

Assault, delay, obstruct, hinder or impede authorised officer

5

27(b)

Forge or counterfeit written evidence of appointment as authorised officer

5

27(c)

Make use of any forged or counterfeit or false evidence

5

27(d)

Impersonate authorised officer

5

27(e)

Falsely pretend to be authorised officer

5

SCHEDULE 3 - DEVONPORT CITY COUNCIL BY-LAWS

Clause 6

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. Omit clause 15 and substitute the proposed clause set out in Part 2 of this Schedule as clause 15.

 

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

Reserves, Parks and Gardens

 

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

1. Schedule 2 (Infringement Notice Offences) at clause 37, in column 4 omit $12 and substitute $15 and in column 5 omit $25 and substitute $30.

 

2. Schedule 2 (Infringement Notice Offences) at clause 40, in column 4 omit $12 and substitute $15 and in column 5 omit $25 and substitute $30.

PART 2 - 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 amount if paid to Council within 14 days

Reduced amount if paid to Council after 14 days but within 28 days

$50

$15

$30

PART 3 - SCHEDULE FOR CAR PARKING BY-LAW
Schedule 1 - Infringement Notice Offences

Column1

Column 2

Column 3

Column 4

Column 5

Clause

General description of offence

Penalty

Reduced amount if paid to Council within 14 days

Reduced amount if paid to Council within 28 days

4(a)

Park when meter not running or exceed maximum period on parking meter

$50

$15

$30

4(b)

Park when no voucher displayed, voucher expired or exceed maximum period authorised

$50

$15

$30

4(c)

Park in a space in which another vehicle was and remains parked

$50

$15

$30

4(d)

Park partly inside and partly outside space

$50

$15

$30

6(4)(a)

Park in "no parking" space

$50

$15

$30

6(4)(b)

Park in restricted space without Council permit

$50

$15

$30

7(a)

Park in designated disability parking space unless in accordance with permit

$50

$15

$30

7(b)

Park in parking space designated for specific vehicles

$50

$15

$30

9(a)

Operate parking meter or voucher machine contrary to instructions

$50

$15

$30

9(b)

Insert or cause to be inserted anything other than specified coin into parking meter or voucher machine

$50

$15

$30

9(c)

Operate or cause parking meter or voucher machine to be operated otherwise than by inserting specified coin

$50

$15

$30

9(d)

Insert or cause insertion of bent or damaged coin in parking meter or voucher machine

$50

$15

$30

9(e)

Remove or cause removal of infringement notice affixed to vehicle so contents do not become known to person in charge

$50

$15

$30

9(f)

Damage, deface or otherwise interfere with parking meter, device for covering parking meter or voucher machine

$50

$15

$30

9(g)

Attach or affix, place or stand anything to or against parking meter, or device for covering parking meter or voucher machine

$50

$15

$30

9(h)

Park vehicle partly inside and partly outside parking space

$50

$15

$30

9(i)

Park for longer period of time than maximum period specified in displayed notice

$50

$15

$30

9(j)

Fail to obey lawful direction

$50

$15

$30

9(k)

Park in position preventing or hindering ingress or egress

$50

$15

$30

9(l)

Drive in parking area at speed exceeding speed limit or exceeding 25kmph or at dangerous speed

$50

$15

$30

9(m)

Dismantle, paint, wash or repair vehicle in parking area without authority

$50

$15

$30

9(n)

Deposit or place advertisement, book, card in or on parked vehicle without specified consent

$50

$15

$30

9(o)

Remove, damage or deface any council equipment

$50

$15

$30

SCHEDULE 4 - GLENORCHY CITY COUNCIL BY-LAWS

Clause 7

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Animal Management

 

By-law No.1 of 2000 (Gazetted on 2 October 2002)

1. Omit clause 19 and substitute model provision 1B as clause 19 and model provision 4 as clause 19A.

 

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

Incinerators and Backyard Burning

 

By-law No. 1 of 2002 (Gazetted on 4 June 2003)

1. Omit clause 8 and substitute model provision 1A as clause 8 and model provision 4 as clause 8A.

 

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

Environment and Health Services

 

By-law No.4 of 1998 (Gazetted on 21 July 1999)

1. Omit clauses 7, 8, 9 and 10 and substitute model provision 1C as clause 7 and model provision 4 as clause 8.

 

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

Recreation Reserve and Natural Area Reserve

 

By-law No.2 of 1999 (Gazetted on 9 February 2000)

1. Omit clause 54 and substitute model provision 1B as clause 54 and model provision 4 as clause 55.

 

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

Roads

 

By-law No.2 of 2002 (Gazetted on 22 October 2003)

1. In clause 37 omit "the Schedule" each time occurring and substitute "Schedule 1".

 

2. In clause 38 omit "the Schedule" and substitute "Schedule 1".

 

3. Omit clause 48 and substitute model provision 1B as clause 48 and model provision 4 as clause 48A.

 

4. After clause 49 omit the heading "Schedule" and substitute "Schedule 1".

 

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

Water, Sewers and Drains

 

By-law No.3 of 1998 (Gazetted on 31 March 1999)

1. Omit clauses 41.1, 41.2 and 41.3 and substitute model provision 1A as clause 41 and model provision 4 as clause 42.

 

2. After clause 42 insert the proposed schedule set out in Part 7 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR ANIMAL MANAGEMENT BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

5(9)

Fail to comply with conditions of licence or permit

2

5(10)

Make false representation on licence or permit application

2

8(1)

Have unlicensed stable on residential land

2

10(1)

Keep horse on residential land without permit

2

11(1)

Keep more than one beehive on residential land

2

11(2)

Fail to comply with Code of Practice for beekeeping

2

11(3)

Keep bees within 25 metres of street or occupied building

2

11(4)

Keep bees within 4 metres of adjoining boundary

2

12(1)

Allow companion or domestic animal to enter property or public land

2

12(2)

Fail to confine farm animal or stock

2

13(1)

Fail to maintain animal house in clean and sanitary condition

2

13(2)

Discharge pollution from animal house other than as specified in a permit

2

13(3)

Fail to keep animal house according to Code of Practice

2

15(1)

Fail to remove or eradicate pest animals

2

15(2)

Fail to return stray animal to owner, authorised person or welfare agency

2

15(3)

Fail to store food for animal consumption secure from pest animals

2

15(4)

Feed or encourage pest animals

2

16(1)

Allow animal to foul another person's property

2

16(2)

Fail to clean up animal deposit from public land or road

2

16(3)

Allow animal to attack, chase or intimidate another person or animal

2

16(4)

Allow nuisance to be created by animal on property where it is kept

2

PART 3 - SCHEDULE FOR INCINERATORS AND BACKYARD BURNING BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

5(1)

Cause or allow backyard burning or use of incinerator

1

6(1)

Fail to extinguish incinerator or backyard fire as directed

1

PART 4 - SCHEDULE FOR ENVIRONMENT AND HEALTH SERVICES BY-LAW
Schedule 3 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

6

Fail to comply with the terms and conditions of licence or permit

2

12

Fail to provide building site sanitation accommodation

3

13

Fail to provide required number of sanitary units

2

14

Provide urinal without first obtaining permit

2

15

Fail to comply with council specifications for toilet or urinal

2

16

Fail to locate toilets or urinals as directed

1

17

Fail to comply with toilet design and construction requirements

2

18(b)

Fail to comply with pan collection requirements

2

19

Fail to comply with portable toilet emptying requirements

2

37(a)

Set up caravan for more than 21 days occupancy without licence

2

41

Sell food or refreshments from stall that does not comply with relevant requirements

2

42

Sell food or refreshments from food vending vehicle that does not comply with relevant requirements

2

45

Fail to comply with terms and conditions of food vending licence

2

48(b)

Fail to comply with directions from authorised officer regarding storage, collection, transport or disposal of refuse and terms and conditions of a notice

1

49(d)

Fail to maintain domestic refuse or recycling receptacle in good repair

1

49(f)

Fail to comply with general requirements of waste collection service

0.5

49(g)

Place hazardous material in wheelie bin or remove an authorised receptacle

1

49(h)

Take recyclable material placed for collection by Council

2

50

Allow material or odour to escape while being conveyed

0.5

51

Fail to comply with directions when depositing waste

1

52(a)

Fail to comply with requirements for disposal of refuse at disposal site

1

52(b)

Light fire at disposal site, dump hot waste or hazardous material or enter closed disposal site

2

54(b)

Unauthorised removal of article or thing from disposal site

1

PART 5 - SCHEDULE FOR RECREATION RESERVE AND NATURAL AREA RESERVE BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3

Cause damage to vegetation in recreation reserve without permit

2

4

Remove or cause damage to soil or other material in recreation reserve without permit

2

5

Use firearm or throw or fire any missile in recreation reserve without permit

3

6

Allow animal to be in recreation reserve without authorisation

1

7

Drive vehicle or allow horse off constructed roads in recreation reserve without permit

1

8

Camp in recreation reserve without authorisation

2

9

Possess firearm or woodcutting implement in recreation reserve without permit

1

10

Light or maintain fire in recreation reserve other than in place provided

5

11

Cause damage to recreation reserve

3

12

Behave in manner that interferes with peaceable use of recreation reserve by others

2

13

Enter recreation reserve that is closed, leased or hired without authorisation

2

14(1)

Interfere with or possess wildlife or possess hunting equipment in recreation reserve without permit

5

14(2)

Allow wildlife into recreation reserve

5

15

Sell goods, chattels or property in recreation reserve without permit

1

16

Let for hire goods or chattels in recreation reserve without permit

1

17

Set up building, structure or obstruction in recreation reserve without permit

2

18

Conduct entertainment for financial reward in recreation reserve without permit

1

19

Leave structure on recreation reserve without permit

1

20

Behave in playground contrary to clause 20

1

21(2)

Drive vehicle in recreation reserve other than on road without permit

2

21(3)

Park or leave vehicle in recreation reserve outside of parking area without permit

2

21(7)

Fail to comply with direction of authorised officer regarding use of vehicle in recreation reserve

1

21(8)

Land or launch aircraft in recreation reserve without permit other than in emergency

3

21(9)

Drop article or thing from aircraft onto recreation reserve without permit

3

22

Play or practise golf in recreation reserve

1

23

Amplify or play music in recreation reserve without permit

1

24

Remove or damage object of particular interest in recreation reserve without permit

5

25

General offences – notices, handbills, memorial, graffiti, track marking without permit in recreation reserve

1

26

Deposit dead body of creature or noxious matter in recreation reserve

3

27(2)

Fail to obey lawful direction from authorised officer regarding playing games or sport in recreation reserve

0.5

28(4)

Consume liquor on cycleway or in War Memorial Gardens

2

29

Enter or remain in recreation reserve when closed according to signage

1

30(2)

Enter or remain in recreation reserve when closed without permission of General Manager

2

31

In recreation reserve, enter changeroom or public toilet intended for the opposite sex

2

32

Conduct concert, public speaking or similar activity in recreation reserve without permission of General Manager

2

34

Leave litter or interfere with litter container in recreation reserve

1

35

Interfere with or possess wildlife or possess hunting equipment in natural area reserve without permit

5

36

Interfere with or remove water, firewood, plants, soil or material in natural area reserve

3

37(1)

Allow animal to be in natural area reserve without authorisation

2

38(2)

Drive vehicle in natural area reserve other than on road without permit

2

38(7)

Drive vehicle on road closed by barrier in natural area reserve without permit

2

38(8)

Fail to comply with lawful direction of authorised officer in natural area reserve in relation to use of vehicle

1

38(9)

Land or launch aircraft in natural area reserve without permit other than in emergency

3

38(10)

Drop article or thing from aircraft onto natural area reserve without permit

3

39(3)

Fail to comply with sign prohibiting or restricting camping in natural area reserve

1

39(5)

Fail to comply with lawful direction of authorised officer in relation to camping in natural area reserve

2

40(1)

Light fire without permit in natural area reserve

5

40(4)

Fail to comply with sign or notice regarding fires in natural area reserve

5

40(5)

Fail to prevent fire from spreading in natural area reserve

5

41

Damage work or building in natural area reserve

3

42

Remove or damage object of particular interest in natural area reserve without permit

5

43

Erect building or structure without permit in natural area reserve

2

44

General offences – notices, handbills, memorial, graffiti, track marking without permit in natural area reserve

1

45

Deposit dead body of creature or noxious matter in natural area reserve without permit

5

46

Bring noxious weed into natural area reserve contrary to permit

2

47

Discharge firearm or projectile in natural area reserve without permit

3

48(2)

Fail to obey lawful direction from authorised officer regarding playing games or sport in natural area reserve

1

48(4)

Fail to comply with sign or notice regarding game, sport or activity in natural area reserve

1

49

Amplify or play music in natural area reserve without permit

1

50

Enter restricted or prohibited area of natural area reserve without permit

2

51(2)

Fail or refuse to stop vehicle in natural area reserve when instructed to do so by authorised officer

1

53(7)

Fail to comply with the terms of licence issued in relation to natural area reserve

0.5

PART 6 - SCHEDULE FOR ROADS BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3

Occupy road without licence

0.5

5(a)

Place signboard on footpath in unauthorised location or of unauthorised size or construction

0.5

5(b)

Fail to remove signboard from footpath

0.5

5(c)

Fail to comply with lawful direction when placing signboard on footpath

0.5

6(1)

Place sign on road without permit

0.5

6(2)

Place sign on private land adjacent to road reservation without approval

0.5

7(1)

Act as roadside vendor without licence

0.5

8

Act as roadside vendor on road unless land designated by Council for that purpose and person has requisite licences

0.5

9(1)

Set up stall on land, excluding road, without licence

0.5

10(1)

Advertise parked vehicle for sale on road

0.5

11

Drop material on road without written permission

0.5

12

Drive vehicle on road with material adhering to wheels

0.5

13

Drive vehicle not constructed and equipped to prevent material from dropping from vehicle

0.5

14(2)

Fail to comply with notice directing removal of material from road

0.5

16

Construct crossing without consent of council

0.5

18(3)

Fail to comply with notice to construct crossing

0.5

19

Fail to maintain or repair crossing

0.5

21(2)

Fail to remove or repair bridge or crossing as directed

0.5

24(1)

Drive over footpath, kerb or gutter other than over designated crossover without permit

0.5

24(2)

Fail to protect footpath, kerb or gutter in accordance with conditions in permit

0.5

27

Open surface of road without permit

0.5

31(1)

Use road to place or mix material without permit

0.5

31(2)

Place object on road without permit to prevent parking

0.5

32(1)

Drive vehicle on road without wheels as prescribed

0.5

33

Park on footpath or nature strip without permit

0.5

34(1)

Place skip or waste collection bin on road without permit

0.5

34(3)

Park trailer or boat trailer on road without permit

0.5

35

Remove or injure vegetation without permit

0.5

41

Fail to comply with terms of licence

0.5

46

Fail to produce licence or answer questions

0.5

PART 7 - SCHEDULE FOR WATER, SEWERS AND DRAINS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

4.1

Open ground and expose council sewer, water or stormwater main or branch or other statutory body’s service without written permission

1

4.2

Open highway and expose council sewer, water or stormwater main or branch or other statutory body’s service without permit

1

5

Interfere with council sewer, water or stormwater main or branch without written permission

1

6.1

Construct structure or carry out work that alters or interferes with council sewer, water or stormwater main or branch without written permission

5

7.4

Fail to comply with notice to carry out maintenance or address defect

0.5

8

Alter minimum depth of cover required without written approval

1

10.4

Fail to comply with notice to lay down water installation

1

11.2

Fail to comply with notice to disconnect from shared water installation

1

13.2

Fail to comply with notice to install backflow prevention device

2

14.1

Fail to use water through meter as required

3

15

Use too much water or sell water from Council supply without approval

1

16

Use fire protection equipment for purpose other than fire protection without approval

1

17.3

Fail to comply with notice to rectify leakage or cease water wastage

0.5

18.3

Fail to comply with water restrictions

0.5

21

Connect to or interfere with sewerage system without consent

1

22.2

Fail to comply with notice to disconnect from shared sewerage installation

1

23

Fail to discharge required matter into sewerage system

2

25

Discharge to sewer waste that exceeds permitted limits

10

28.4

Trade waste permit holder fail to notify Council of change to circumstances

1

29

Trade waste discharger fail to notify Council of change of ownership or occupancy

1

30

Fail to install accessible chamber for trade waste inspection

1

31

Exceed trade waste limits specified in permit

10

33

Connect to or interfere with stormwater system without consent

1

34.2

Fail to comply with notice to disconnect from shared stormwater installation

1

35

Discharge prohibited matter into stormwater system

2

36.2

Fail to comply with notice to drain concentration of water

2

37.2

Fail to comply with notice to control sediment contamination of stormwater run-off

5

38

Alter water course without authorisation

10

39.1

Erect structure within riparian zone of water course bank without authorisation

5

SCHEDULE 5 - KINGBOROUGH COUNCIL BY-LAWS

Clause 8

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Health and Environmental Services

 

By-law No.4 of 2001 (Gazetted on 19 September 2001)

1. Omit clause 50 and substitute model provision 1A as clause 50 and model provision 4 as clause 51.

 

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

Parks, Recreation and Natural Areas

 

By-law No.3 of 2001 (Gazetted on 19 September 2001)

1. Omit clause 52 and substitute model provision 1A as clause 52 and model provision 4 as clause 53.

 

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

Roads

 

By-law No.2 of 2001 (Gazetted on 19 September 2001)

1. Omit clause 45 and substitute model provision 1A as clause 45 and model provision 4 as clause 45A.

 

2. After clause 46 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Water, Sewers and Drains

 

By-law No.1 of 2001 (Gazetted on 19 September 2001)

1. Omit clause 42 and substitute model provision 1A as clause 42 and model provision 4 as clause 43.

 

2. After clause 43 insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR HEALTH AND ENVIRONMENTAL SERVICES BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(1)

Deposit, or allow person to deposit, refuse in or on disposal area other than on days and times fixed by Council

1

4(3)

Person depositing refuse at disposal area failing to obey reasonable direction by authorised officer in disposal area, or failing to obey direction on sign in disposal area

1

5(1)

Light fire, extend existing fire, or do other specified prohibited act in disposal area

1

7(1)

Carry, or cause to be carried, noxious matter on public highway unless in a way that prevents it from being accessed by flies or emitting offensive odours

1

8(9)

Person other than Council or its authorised contractor collecting recyclables placed in recycling crate for collection by Council

1

11(1)

Occupier of premises placing specified prohibited objects in mobile garbage bin placed for Council collection

2.5

12(1)

Keep horse or pig in stable or sty lot on property with area of less than 1 hectare without Council permit

1

14(1)

Keep animal in food premises or loose in paddock, yard or space having access to food premises

2.5

15(1)

Keep poultry within 12 metres of dwelling house or 2 metres of property boundary or allow poultry access to area within 12 metres of dwelling house

1

15(2)

Keep more than 6 poultry on property within residential zone without Council permit

1

16(1)

Occupier of premises where animal or poultry is kept failing to keep animal structures clean and sanitary or meet other specified requirements

2.5

17(1)

Builder failing to ensure sanitary accommodation is provided on building site or within 100 metres of site prior to commencement of site works

1

18(1)

Builder failing to provide specified number of toilets on building site

1

19(1)

Providing urinals on building site without written approval of General Manager

1

20(1)

Builder failing to comply with specification of General Manager about type of toilet or urinal to be provided on building site

1

21(1)

Builder failing to comply with direction of authorised officer about location of toilets or urinals

1

22(1)

Install on building site portable toilet not designed and installed in accordance with specified requirements

1

23(1)

Builder failing to ensure portable toilet emptied regularly, whenever required by General Manager, and in manner approved by General Manager

2.5

24(1)

Fail to clean and keep clean each toilet or urinal on building site to satisfaction of General Manager

1

26(1)

Light, or allow to be lit or remain alight, incinerator or open air fire, within residential zone, on fire-ban days or on other specified non-fire permit days and periods

1

27(1)

Install incinerator not constructed of suitable non-combustible material such as brick, concrete or metal and in accordance with applicable Australian Standards

1

28(1)

Owner or occupier failing to maintain incinerator in good repair and in manner that promotes efficient combustion

1

29(1)

Fail to fit incinerator with lid and/or approved spark arrester

1

30(1)

Position incinerator or open-air fire contrary to specified siting requirements

1

31(1)

Burn, or cause or allow to be burned, any matter in manner or to an extent which causes nuisance or is dangerous to health

1

31(2)

Person burning material in contravention of clause 31(1) failing to extinguish fire if instructed to do so by authorised officer

1

32(1)

Light or allow to be lit or remain alight incinerator unless garden hose connected to water supply, or other suitable means of extinguishment, is provided

1

33(1)

Burn in an incinerator rubber or plastic substance or other specified prohibited material

1

34(1)

Light or allow to be lit or remain alight incinerator on day on which total fire ban has been declared

10

35(1)

Light or allow to be lit or remain alight incinerator unless loaded in manner to promote efficient combustion with waste which is dry and not green

1

36(1)

Person burning material in contravention of Part 6 failing to extinguish fire if instructed to do so by authorised officer

1

37(1)

Use of domestic wood-burning appliance, including heaters and stoves, contrary to specified requirements

1

38(1)

Cut down, lop, ringbark, injure etc any tree with height or branch spread greater than specified, without written approval of General Manager, unless listed, applicable noxious weed

2

40(1)

Owner of land using, or allowing to be used, land to set up caravan for human occupation for more than 14 days a year without Council certificate of approval

2.5

43(1)

Occupy caravan unless the owner of the land holds valid permit

1

44(1)

Accept fee or reward for occupation of caravan on private property unless property is registered as caravan park

1

46(1)

Owner of land or occupier of all separately occupied premises failing to keep premises clean or allowing accumulation of refuse likely to create health risk or be unsightly

2.5

PART 3 - SCHEDULE FOR PARKS, RECREATION AND NATURAL AREAS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(1)

Cut, injure or destroy vegetation in park or recreation ground without permit

2.5

4(1)

Dig, cut or remove sod, turf, loam, sand etc in park or recreation ground without permit

2.5

5(1)

Take or possess wildlife products, or commit other specified prohibited act, in park or recreation ground without permit

2.5

6(1)

Permit horse or stock to be in, graze in or stray in park or recreation area without permit

1

7(1)

Drive vehicle or ride, lead or drive any horse in park except on constructed road authorised for such use, without permit

1

8(1)

Camp or set up caravan in park or recreation area without permit

1

9(1)

Carry or possess firearm, axe, hatchet etc in park or recreation area without permit

1

10(1)

Light or maintain fire in park or recreation area unless in designated place

10

11(1)

Fire or discharge firearm, or throw, fire or discharge missile, in park or recreation ground without permit

10

12(1)

Do any act which causes or is likely to cause damage or disfigurement to any park or recreation ground

5

13(1)

Do any act which unreasonably interferes or is likely to interfere with the peaceable use by the public of any park or recreation ground

1

14(1)

Enter park or recreation ground, or part of park or recreation ground, if closed or leased or hired to any other person, without permit

2.5

15(1)

Sell or offer for sale any goods, chattels or property in any park or recreation ground without permit

1

16(1)

Let for hire any goods, chattels or property in park or recreation ground without permit

1

17(1)

Place, build or set up any building etc in park or recreation ground without permit

2.5

18(1)

Conduct amusement or entertainment for financial reward in park or recreation area without permit

1

19(1)

Leave, or permit to remain, any structure or obstruction on any park or recreation area without permit

1

20(1)

Fail to comply with direction of authorised officer, or commit other specified prohibited act, in any place set apart by Council as children's playground

1

21(1)

Park or leave motor vehicle in park or recreation area, except within area set aside by Council as parking area, without permit

0.5

22(1)

Play or practise golf, or permit any person to play or practise golf on any park or recreation ground except where designated by Council for that purpose

1

23(1)

Use or operate television, radio, loudspeaker etc in such a way as to annoy other people wishing to use park or recreation area, without permit

1

24(1)

Remove, damage or disturb any object of architectural, archaeological etc interest in any park or recreational area without permit

10

25(1)

Erect, exhibit or display a notice, sign, bill poster or advertisement, or commit other specified prohibited act, in park or recreation area without permit

1

26(1)

Deposit dead body of creature or part of dead body of creature, or deposit polluting matter or thing, in park or recreation area

10

27(2)

Fail to obey reasonable direction from authorised officer

1

28(2)

Driver of vehicle failing to stop or comply with direction from authorised officer to stop

1

29(1)

Take or possess wildlife or products of wildlife or commit other specified prohibited act in natural area without permit

10

30(1)

Take growing or standing plant or commit other specified prohibited act in natural area without permit

2.5

31(1)

Owner or immediate keeper of horse or pony, cat, stock, rabbit, hare, ferret or rodent allowing animal to be or remain in natural area without permit

2.5

32(1)

Drive vehicle in natural area other than on road without permit

2.5

32(5)

Drive vehicle on road in natural area closed by barrier without permit

2.5

32(6)

Fail to comply with reasonable lawful direction of authorised officer under clause 32

1

32(7)

Land or launch aircraft in natural area without permit

5

32(8)

Drop article or thing from aircraft onto natural area or take aircraft over natural area for that purpose, without permit

5

33(3)

Fail to comply with prohibition or restriction in sign or notice displayed under clause 33(2)

2.5

33(5)

Fail to comply with reasonable lawful direction of authorised officer under clause 33

1

34(1)

Light fire in natural area unless in emergency or in designated fireplace and in careful manner for cooking or warmth, or unless authorised by permit

10

34(4)

Fail to comply with prohibition or restriction in sign or notice displayed under clause 34(3)

10

34(5)

Leave fire unattended or fail to take all reasonable steps to prevent fire from spreading where fire is lit in natural area pursuant to clause 34(2)

10

35(1)

Destroy, damage or deface building, fence, gate, notice or other work erected or placed in natural area

2.5

36(1)

Remove, damage or disturb object of architectural, archaeological etc interest in natural area without permit

10

37(1)

Erect building or structure (other than tent) without permit

2.5

38(1)

Erect, exhibit or display a notice, sign, bill poster or advertisement, or commit other specified prohibited act, in park, playground or natural area without permit

1

39(1)

Deposit dead body of creature or part of dead body of creature, or deposit polluting matter or thing

10

40(1)

Bring into or possess any noxious weed in natural area without permit

2.5

41(1)

Discharge missile or firearm or projectile in natural area without permit

10

42(2)

Fail to comply with direction of authorised officer under clause 42(1)

1

42(4)

Fail to comply with prohibition or restriction contained in sign or notice

1

43(1)

Use or operate television, radio, loudspeaker etc in such a way as to annoy other people wishing to use park or recreation ground, without permit

1

44(1)

Enter or remain in part of natural area to which public access is denied, without permit

2.5

PART 4 - SCHEDULE FOR ROADS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(1)

Occupy road without permit

0.5

5(1)

Place signboard on footpath in contravention of specified size and other restrictions

0.5

6(1)

Erect signage on road without permit

2.5

7(1)

Act as hawker without licence

1

8(1)

Act as itinerant purchaser without licence

1

9(1)

Act as roadside vendor without licence

1

10(1)

Act as roadside vendor on road unless land designated by Council for that purpose and person has requisite licences

0.5

11(1)

Set up stall on Council land, road or public place to sell wares or pursue business, without permit

1

12(1)

Park vehicle on road for purpose of advertising it for sale

0.5

13(1)

Deposit or drop material on road without written permission of General Manager

1

14(1)

Drive vehicle over road unless the wheels of vehicle have been cleaned of adhering material

1

15(1)

Drive on road a vehicle carrying material unless vehicle is constructed and equipped so material will not drop onto road or other public place

1

16(2)

Fail to comply with notice under clause 16(1) within specified time

1

17(1)

Construct or lay down bridge or crossing over gutter or footpath in any road without permission of General Manager

1

19(3)

Fail to comply with notice under clause 19(1) within specified time

0.5

20(1)

Fail to keep bridge or crossing in good repair to satisfaction of General Manager

1

21(3)

Fail to remove, repair or maintain bridge or crossing within time specified in notice under clause 21(1)

0.5

22(1)

Drive, or permit to be driven, vehicle as specified without requisite permit

1

22(2)

Drive, or permit to be driven, vehicle as specified

1

25(1)

Open up surface of road without permit

2.5

29(1)

Use road for placing or mixing concrete or other specified material without permit

2.5

29(2)

Place object on road for purposes of preventing or inhibiting parking, without permit

1

30(1)

Drive or propel any mechanically propelled vehicle as specified without meeting wheel requirements, unless authorised

2.5

31(1)

Park vehicle or trailer wholly or partly on footpath or nature strip without permit

1

32(1)

Place skip bin or waste collection bin on road without permit

1

32(3)

Park trailer including boat trailer on road without permit

0.5

33(1)

Wilfully destroy, cut, remove or injure tree or vegetation growing on road without permit

2.5

38(1)

Holder of licence issued under Part 8 failing to comply with licence terms and conditions

0.5

PART 5 - SCHEDULE FOR WATER, SEWERS & DRAINS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(1)

Open ground and expose a council sewer, water or stormwater main or branch or other statutory body’s service without written approval

5

3(2)

Open a highway and expose a council sewer, water or stormwater main or branch or other statutory body’s service without a permit

5

4(1)

Interfere with a council sewer, water or stormwater main or branch without written approval

5

5(1)

Construct a structure or carry out works that alter or interfere with a council sewer, water or stormwater main or branch without written approval

5

6(3)

Fail to comply with a notice under clause 6(1) within specified time

0.5

7(1)

Alter ground level in area of Council service or main without written approval

1

8(3)

Fail to comply with a notice to lay down water installation

1

9(1)

Connect to or interfere with water system without written approval

5

10(1)

Fail to comply with a notice to disconnect from shared water installation

1

12(1)

Fail to comply with a notice to install backflow prevention device

1.5

13(1)

Fail to use water through a meter when required

2.5

15(1)

Use water from Council's water supply to fill dam or non-potable water storage without written approval

2.5

16(1)

Use too much water or sell water from Council supply without approval

1

17(1)

Use fire protection equipment without written approval

1

18(2)

Use water in breach of applicable water restriction

1

18(3)

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

10

19(3)

Fail to rectify leak or wastage within time specified in notice under clause 19(2)

0.5

21(2)

Install more than one separate sewer branch per property without written approval

0.5

22(1)

Connect to or interfere with sewer system without consent

1

23(1)

Fail to comply with notice to disconnect from shared sewerage installation

1

26(1)

Discharge to sewer, waste that exceeds permitted limits

10

27(2)

Fail to comply with notice under clause 27(1) within time specified

1

29(2)

Trade waste permit holder fail to notify Council before change in process

1

30(1)

Trade waste discharger fail to notify Council of change of ownership or occupancy

1.5

32(1)

Trade waste permit holder exceed trade waste limits specified in permit

10

34(1)

Connect to or interfere with stormwater system without consent

1

35(1)

Fail to comply with notice to disconnect from shared stormwater system

1

36(1)

Fail to comply with duty to discharge matter into stormwater system

1.5

37(2)

Fail to comply with notice issued under clause 37(1) to provide satisfactory drainage

1.5

38(2)

Fail to comply with notice to control sediment contamination of stormwater run-off

5

39(1)

Alter water course without written approval

10

SCHEDULE 6 - LATROBE COUNCIL BY-LAWS

Clause 9

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Camping

 

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

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

 

2. Omit clause 8 and substitute model provision 1B as clause 8 and model provision 4 as clause 8A.

 

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

Cat Management

 

By-law No.1 of 2006 (Gazetted on 29 March 2006)

1. Omit clause 16 and substitute model provision 1C as clause 16 and model provision 4 as clause 17.

 

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

Highways

 

By-law No.2 of 2006 (Gazetted on 3 May 2006)

1. Omit clause 33 and substitute model provision 1A as clause 33 and model provision 4 as clause 34.

 

2. After clause 34 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Waste Management

 

By-law No.3 of 2006 (Gazetted on 20 December 2006)

1. Omit clause 17 and substitute model provision 1A as clause 17 and model provision 4 as clause 18.

 

2. After clause 18 insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR CAMPING BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(1)

Camp in regulated place except as permitted

2

4(1)

Owners and persons in charge of vehicle acting contrary to by-law in connection with vehicle

2

6(1)

Fail to supply correct name and address if requested

2

6(2)

Supply false or incomplete information

2

6(3)

Discharge sullage, effluent or water in regulated place except into Council facility and in accordance with directions

2

6(4)

Pitch tent, light fire etc in overnight stop area

2

PART 3 - SCHEDULE FOR CAT MANAGEMENT BY-LAW
Schedule 3 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

9

Remove identification device from registered cat or otherwise use identification device contrary to by-law

1

10

Cat owner allowing cat to be repeatedly at large

0.5

11

Entice or put cat in place at which it will be at large

0.5

12

Cat owner allowing cat to be nuisance

1

13

Remove or attempt to remove cat from pound or custody of authorised person

1

14

Tamper with Council cat cage

1

15

Knowingly make false statement in document

1

PART 4 - 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

Occupying, placing obstruction or enclosing highway without permit

1

4(1)

Installing vending machine or customer servery over highway

5

4(2)

Installing vending machine or customer servery where queuing or standing on highway is required, without permit

5

5(1)

Placing or displaying signboard without permit

1

5(2)

Placing signboard that is not constructed and located in accordance with permit conditions or directions of authorised officer

1

6(1)

Hawking or busking without permit

1

6(2)

Playing musical instrument without permit

1

7

Parking vehicle on highway for purpose of selling the vehicle

1

8

Allowing material to be deposited or dropped from vehicle onto highway

2.5

9

Wheels of vehicles not cleaned of adhering material

2.5

10

Failing to comply with direction

5

12

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

2.5

15(1)

Constructing crossing over footpath, kerb and channel or table drain without permit

5

15(2)

Failing to construct crossing in proper and workmanlike manner

5

16(1)

Failing to provide crossing as required

5

16(2)

Failing to construct crossing in proper and workmanlike manner

5

17(2)

Failing to comply with written direction in proper and workmanlike manner

5

19

Carrying out work on highway without permit

5

20

Failing to comply with written direction to reinstate damage

5

22

Willful destruction of vegetation on highway

5

23

Grazing livestock on highway without permit

5

24

Using part of highway as holding yard without permit

5

25

Driving livestock along highway

5

26

Failing to remove material that has been dropped or deposited by livestock on highway

5

27

Driving livestock within specified town areas

5

31

Failing to produce permit when requested

1

32

Failing to comply with conditions of permit

5

PART 5 - SCHEDULE FOR WASTE MANAGEMENT BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

6(2)

Fail to present current tipping ticket or pay fee

1

6(3)

Fail to comply with direction

2.5

8(a)

Deposit refuse in waste transfer station outside normal hours of operation

5

8(b)

Deposit refuse outside boundary of waste transfer station

5

8(c)

Deposit refuse in waste transfer station other than as approved or authorised

5

8(d)

Fail to secure material capable of being airborne before depositing it

5

8(e)

Deposit sharps at waste transfer station

5

8(f)

Deposit hazardous material at waste transfer station

5

9(3)

Incorrectly dispose of asbestos

5

10

Dump hot refuse, or set fire to any refuse, in waste transfer station

5

11

Convey refuse in vehicle or trailer unless properly secured

1

12(4)

Place non-recyclable material in recycling container

1

12(5)

Fail to comply with direction or notice given under clause 12(3)

2.5

12(10)

Person other than Council or authorised contractor collecting refuse or recyclable material

10

12(11)

Fail to comply with requirements relating to refuse/recycling container

0.5

12(12)

Place refuse or recycling container on footpath in position that blocks foot path or impedes pedestrian traffic

0.5

13

Place domestic refuse in or near litter bin

2.5

14(2)

Fail to obey request of police or authorised officer to leave waste transfer station

2.5

15

Fail to supply correct name and address

2.5

16(2)

Fail to comply with notice

2.5

SCHEDULE 7 - NORTHERN MIDLANDS COUNCIL BY-LAWS

Clause 10

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Cemeteries

 

By-law No.3 of 2001 (Gazetted on 23 January 2003)

1. Omit clauses 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), 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(2) and (3), 42(2) and (3), 43(2) and (3).

 

2. Omit clause 46 and substitute model provision 1A as clause 46 and model provision 4 as clause 47.

 

3. After clause 47 insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Swimming Pool

 

By-law No.2 of 1999 (Gazetted on 4 October 2002)

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(3) and (4), 27(2) and (3).

 

2. Omit clause 28 and substitute model provision 1A as clause 28 and model provision 4 as clause 29.

 

3. After clause 29 insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Water Conservation

 

By-law No.1 of 2006 (Gazetted on 28 March 2007)

1. Omit clause 6 and substitute model provision 1A as clause 6 and model provision 4 as clause 7.

 

2. After clause 7 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR CEMETERIES BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

18

Fail to keep monument in good repair

1

21

Construct any catacomb or wooden structure

2

22

Erect fence contrary to by-law

1

23

Erect monument if unqualified

1

24

Carry out monumental mason’s work outside permitted times

1

27

Place construction equipment etc. on adjoining grave or ground without authority

0.5

28

Fail to leave area in a clean and tidy condition following construction work at grave site

0.5

31

Place vases contrary to by-law

0.2

33

Plant trees, shrubs or plants without authority

0.5

34

Have animal, other than guide dog, at cemetery

0.5

35

Be intoxicated or behave contrary to by-law

0.5

36

Commit nuisance by obstructing, hindering or annoying member of public

0.5

37

Remove, damage or interfere with objects placed on grave site

1

38

Mark or disfigure grave or other thing

1

39

Distribute advertising material

0.5

40

Carry on trade or business without authority

0.5

41

Remove or damage Council property

1

42

Drive vehicle contrary to by-law

0.5

43

Ride bicycle, use skates, skateboard etc other than on designated roads, paths or tracks

0.5

PART 3 - SCHEDULE FOR SWIMMING POOL BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

4

Fail to leave Centre if admission fee not paid

0.5

6

Enter Centre with contagious disease or infection

0.5

7

Use pool or part of pool or other facility when closed

0.5

9

Possess or have control of dog (other than guide dog) or other animal at Centre

0.5

10

Possess or break glass or object likely to injure person

0.5

11

Possess, consume or sell liquor at Centre

1

12

Enter change room or public toilet reserved for persons of opposite sex if over 6 years old

0.5

13

Loiter in change room or public toilet

0.5

14

Fail to wear bathers or acceptable clothing outside change room if over 4 years old

0.5

15

Fail to shower prior to entering pool if requested

0.5

16

Run within Centre

0.5

17

Damage equipment, furniture, building or other part of Centre

I

18

Climb on fence or roof or other part of building at Centre

0.5

19

Place polluting substance in pool

1

20

Discharge or deposit body waste in pool or shower

1

21

Behave in disorderly manner at Centre

1

22

Threaten, intimidate or abuse authorised officer

1

23

Instruct or coach at Centre without permission or without paying required fee

0.5

24

Smoke at Centre

0.5

25

Enter Centre during period when entry denied due to breach of by-law

1

27

Fail to provide correct name and address if requested

1

PART 4 - SCHEDULE FOR WATER CONSERVATION BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3(ii)

Use water in breach of restriction

0.5

4(iii)

Fail to comply with notice to rectify water leakage

0.5

5(i)

Use fire protection equipment for purpose other than fire protection without approval

0.5

SCHEDULE 8 - WARATAH-WYNYARD COUNCIL BY-LAWS

Clause 11

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Highways

 

By-law No.3 of 2001 (Gazetted on 4 July 2001)

1. Omit clause 52 and substitute model provision 1B as clause 52.

 

2. After the "Certificates Schedule" insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2.

Parking

 

By-law No.4 of 2000 (Gazetted on 9 July 2000)

1. Omit clause 24 and substitute model provision 3A as clause 24.

 

2. Omit clause 25 and substitute the provision set out in Part 3 of this Schedule as clause 25.

 

3. Omit Part 8.

 

4. After clause 25 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Public Reserves

 

By-law No.5 of 2003 (Gazetted on 18 June 2003)

1. Omit clauses 3(3) and (4), 5(2) and (3), 6(2) and (3), 7(2) and (3), 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(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(3) and (4), 27(2) and (3), 28(2) and (3), 29(2) and (3), 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(3) and (4), 39(2) and (3), 40(3) and (4), 41(2) and (3), 42(3) and (4), 43(2) and (3), 44(3) and (4).

 

2. Omit clause 47 and substitute model provision 3A as clause 47 and model provision 4 as clause 47A.

 

3. After clause 48 insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

Refuse, refuse containers and refuse containers removal

 

By-law No.7 of 1999 (Gazetted on 19 January 2000)

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

 

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

PART 2 - SCHEDULE FOR HIGHWAYS BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

3

Occupy highway without licence

0.5

5

Place signboard on footpath otherwise than in accordance with authorisation

0.25

6(1)

Act as hawker without licence

0.5

7(1)

Act as itinerant purchaser without licence

0.5

8(1)

Act as roadside vendor without licence

0.5

9

Act as roadside vendor using land not designated for trading activities

0.5

10(1)

Set up stall on Council land or highway without licence

0.5

11(1)

Advertise parked vehicle for sale without permit

0.5

12

Drop material, or allow it to be deposited, on highway without permit

1

13

Drive vehicle without cleaning material from wheels

1

14

Drive vehicle not constructed and equipped to prevent material from falling

1

14A

Fail to ensure highway is left clean after allowing animals to travel on or cross it

1

17

Construct gutter or footpath crossing without consent

0.5

19(3)

Fail to comply with direction regarding provision and form of crossing

0.5

22(2)

Fail to comply with direction to remove/repair crossing

0.5

25(1)

Drive across footpath etc. to or from building/excavation site otherwise than in accordance with permit

1

25(2)

Cross footpath etc. not protected as required by permit

1

28

Open surface of highway without permission

1

31

Fail to comply with directions when opening surface of highway

1

32(1)

Use highway to store or mix materials without permit

1

33

Drive vehicle without wheels as specifed

1

34

Destroy or remove vegetation from highway verge

2.5

35

Use stall or conduct trade in mall without permit

0.5

36

Undertake itinerant vending in mall without permit

0.5

37

Cause noise or sound in mall without permit

1

38

Place sign or advertisement in mall without permit

0.25

39

Conduct or attend meeting in mall without permit

1

45

Fail to comply with terms and conditions of licence

1

PART 3 - CLAUSE FOR PARKING BY-LAW
25.   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 amount if paid to Council within 14 days

(Penalty units)

(Penalty units)

0.25

0.125

PART 4 - SCHEDULE FOR PARKING BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

Reduced amount if paid to Council within 14 days

  

(Penalty units)

(Penalty units)

3(1)

Drive vehicle into or from parking area otherwise than by access point designated by signs

0.25

0.125

4(1)

Drive vehicle in parking area at more than 20km/h or at unsafe speed

0.5

 

5(1)

Park vehicle not wholly within one parking space or where it obstructs the use of another parking space

0.25

0.125

6(1)

Park vehicle without paying the fee required and indicated by signs in the parking area

0.25

0.125

7(1)

Park vehicle without displaying unexpired parking voucher as prescribed

0.25

0.125

8(1)

Allow vehicle to remain parked in parking area for longer than allowed

0.25

0.125

9(2)

Park or leave vehicle in designated ‘Reserved” parking space in parking area

0.25

0.125

10(1)

Damage voucher machine or use other than specified coins

0.5

 

11(1)

Remove infringement notice from vehicle owned by or in control of another person

0.5

 

12(1)

Dismantle, paint, wash or repair vehicle in parking area without approval

0.5

 

13(1)

Drive vehicle so that it skids or leaves rubber on the surface of parking area

0.5

 

14(1)

Distribute advertisement, pamphlet, notice etc. in parking area without consent

0.5

 

16 (1)

Mark or deface Council property in parking area without approval

2.5

 

19(1)

Ride skateboard or bicycle or use skates in parking area outside permitted hours without approval

0.5

 
PART 5 - SCHEDULE FOR PUBLIC RESERVES BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

Column 4

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

Reduced amount if paid to Council within 14 days

  

(Penalty units)

(Penalty units)

3(2)

Enter or remain in reserve that is closed to public without permission

0.5

 

5(1)

Do any act that unreasonably interferes with public use of reserve

1

 

6(1)

Conduct or participate in function at which more than 20 persons are present without written permission

0.5

 

7(1)

Create entrance to reserve from adjoining land without written permission

0.5

 

8(1)

Erect building, booth or structure without written authority

0.5

 

9(1)

Erect sign, banner or billboard without written permission

0.5

 

10(2)

Place furniture to allow outside dining without licence or lease

5

 

11(1)

Sell or offer for sale goods (including food and drink) without written approval

0.5

 

12(1)

Distribute any advertisement, pamphlet or placard without written permission

0.5

 

13(1)

Organise or participate in assembly or engage in public speaking without written permission

0.5

 

14(1)

Conduct or participate in organised sport or contest unless in specifically approved area

1

 

15(1)

Conduct amusement or entertainment for financial reward without written permission

0.5

 

16(1)

Within children’s playground, play ball games, misuse or damage equipment or fail to comply with lawful directions

0.5

 

17(1)

Play or practise golf except where permitted by signs

0.5

 

18(1)

Use amplified sound receivers or players in such a way as to annoy other users of reserve

0.5

 

19(1)

Enter toilet or change room reserved for use by people of the opposite sex except where necessary to render assistance

0.5

 

20(1)

Take up collection of money without written permission

0.5

 

21(1)

Camp or set up caravan contrary to signage and without written permission

0.5

 

22(1)

Climb tree, shrub, building, roof, seat or fence without written permission

0.5

 

23(1)

Take dog into, or permit animal to graze or stray in, public reserve except where permitted by signage or otherwise by Council

0.5

 

24(1)

Use skateboard, skates, bicycle etc. except where permitted by signage or otherwise by Council

0.5

 

25(1)

Fire gun, throw projectile or use slingshot or similar device without written approval

0.5

 

26(1)

Deposit refuse without lawful authority

1.5

 

27(1)

Wilfully break glass item

1.5

 

28(1)

Be intoxicated, use threatening or offensive language or act in disorderly or indecent manner

0.5

 

29(1)

Threaten, intimidate or use abusive language to authorised officer acting in the course of duty

1

 

30(1)

Possess an open container of liquor, consume or sell liquor

2

 

31(1)

Remove or damage Council property

5

 

32(1)

Damage or remove any Aboriginal relic or artefact, or other object of particular interest without written permission

5

 

33(1)

Remove, tamper with or damage trees, plants etc. or specified water fixtures

1

 

34(1)

Contravene clause provisions concerning hunting or wildlife protection

1

 

35(1)

Light fire except in fireplace or where permitted by Council

1

 

36(1)

Deface Council property without written permission

1

 

37(1)

Collect or remove wood or timber without written permission

1

 

38(2)(a)

Park motor vehicle otherwise than wholly within marked parking space

0.25

0.125

38(2)(b)

Park motor vehicle otherwise than as directed by signs or authorised officer

0.25

0.125

38(2)(c )

Park motor vehicle so that it obstructs the use of another parking space

0.25

0.125

39(1)(a)

Drive motor vehicle otherwise than on road, path or track provided

1

 

39(1)(b)

Drive motor vehicle at or faster than 25 km/h or not at safe speed

1

 

40(2)

Enter with a motor vehicle in, or fail to remove motor vehicle from, an area closed to vehicular traffic

0.5

 

41(1)

Drive vehicle into or from parking area otherwise than by appropriate access point provided by Council

0.25

 

42(2)

Park or leave vehicle in designated “Reserved” parking space or parking area

0.25

0.125

43(1)

Dismantle, paint, wash or repair vehicle in public reserve without written permission

1.5

 

44(2)

Disobey reasonable direction from authorised officer

0.25

 
PART 6 - SCHEDULE FOR REFUSE, REFUSE CONTAINERS & 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

Carry or cause noxious matter to be carried on highway in such manner that it can be accessed by flies or blown or spilled from vehicle or emit offensive odour

1

5(a)

Deposit noxious matter or trade refuse in disposal area unless with written approval and in compliance with requirements of approval

2

5(b)

Deposit night soil or putrescent matter in disposal area

2

5(c )

Deposit timber off-cuts or similar material longer than 1 metre in disposal area

1

5(d)

Deposit in disposal area material not bundled, baled or secured to prevent it being scattered by wind

1

5(e)

Deposit in disposal area large object not dismantled or compacted to the satisfaction of authorised officer

2

5(f)

Deposit in disposal area anything without payment of the relevant fee or charge or not in compliance with signage or direction from authorised officer

1

5(g)

Light, feed or extend fire in disposal area

2

5(h)

Remove anything previously deposited in disposal area without permission

1

5(i)

Interfere with materials, plant or equipment in disposal area

2

5(j)

In disposal area, contravene direction given by authorised officer in course of duty or by a notice

1

6(a)

Enter disposal area for purpose other than to deposit rubbish or recyclable materials or to remove items in accordance with written permission

2

6(b)

Remain in disposal area longer than is reasonably necessary to deposit rubbish or recyclable materials

1

8(a)

Fail to have approved refuse container in respect of premises

0.4

8(b)

Use approved refuse container for other than temporary storage of domestic refuse allocation

0.4

8(c)

Fail to pack refuse so that it will not spill when collected

0.4

8(d)

Have more than 70 kilograms of domestic refuse in approved container at any one time

0.4

8(e)

Fail to keep approved refuse container in good repair and clean condition

0.4

8(f)

Fail upon written direction to do so, to cleanse, repair or replace approved refuse container

0.85

8(g)

Fail to only place approved refuse container for collection between hours notified by Council

0.4

10(a)

Fail to keep premises free from filth, waste and other offensive matter

1

10(b)

Allow refuse to accumulate other than in manner prescribed

1

SCHEDULE 9 - WEST COAST COUNCIL BY-LAWS

Clause 12

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Hawkers

 

By-law No.1 of 2000 (Gazetted on 24 January 2001)

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

 

2. After clause 13 insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Parking

 

By-law No.2 of 2006 (Gazetted on 29 November 2006)

1. Omit clause 8 and substitute the provision set out in Part 3 of this Schedule as clause 8.

 

2. Omit clause 13 and substitute model provision 2A as clause 13 and model provision 4 as clause 14.

 

3. After clause 14 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Street dining

 

By-law No.1 of 2006 (Gazetted on 6 September 2006)

1. Omit clauses 9(2) & (3), 11(3) & (4), 12(2) & (3), 13(2) & (3), 14(5).

 

2. Omit clause 15 and substitute model provision 1B as clause 15 and model provision 4 as clause 16.

 

3. Omit Form 3 of Schedule 1.

 

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

PART 2 - SCHEDULE FOR HAWKERS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

  

(Penalty units)

5

Being hawker without licence

1

8

Fail to comply with licence condition

1

10

Fail to produce licence

1

PART 3 - CLAUSE FOR PARKING BY-LAW
1.   Prescribed penalties for parking offences under 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 amount if paid to Council within 14 days

Reduced amount if paid to Council after 14 days but within 28 days

$50

$8

$20

PART 4 - 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 amount if paid to Council within 14 days

Reduced amount if paid to Council within 28 days

     

3(1), (2), (3) & (4)

Parking offences

$50

$8

$20

5(4)

Parking in restricted place

$50

$8

$20

6(1), (2), (3) & (4)

Parking in reserved space

$50

$8

$20

PART 5 - SCHEDULE FOR STREET DINING BY-LAW
Schedule 2 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

   

9(1)(a)

Placing furniture on highway contrary to licence or authority

$200

9(1)(b)

Serving food or drinks on highway contrary to licence or authority

$200

11(1)

Failing to keep area clean as required

$100

12(1)

Licensee using street rubbish bins for table waste

$100

13(1)

Failing to remove furniture from highway

$200

14(4)

Licensee failing to produce policy of insurance

$150

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
2.   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
3.   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 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.
PART 3 - 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.
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 6 May 2009

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