{"id":"tas:sr-2008-050","name":"Local Government (Amendment of By-laws) Order 2008","slug":"local-government-amendment-of-by-laws-order-2008","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"50 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315836,"registerId":"tas-tas:sr-2008-050-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Local Government (Amendment of By-laws) Order 2008](/view/html/inforce/2026-04-12/sr-2008-050) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***model provision 1A*** means the model provision set out in Division 1 of Part 1 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 1B*** means the model provision set out in Division 2 of Part 1 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 1C*** means the model provision set out in Division 3 of Part 1 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 2A*** means the model provision set out in Division 1 of Part 2 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 2B*** means the model provision set out in Division 2 of Part 2 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 3A*** means the model provision set out in Division 1 of Part 3 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 3B*** means the model provision set out in Division 2 of Part 3 of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 4*** means the model provision set out in Part 4 of [Schedule 10](#JS10@EN) to this order.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Break O'Day Council by-laws amended","content":"### 4 Break O'Day Council by-laws amended\n\n> Each by-law made by the Break O'Day Council specified in column 1 of Part 1 of [Schedule 1](#JS1@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Burnie City Council by-laws amended","content":"### 5 Burnie City Council by-laws amended\n\n> Each by-law made by the Burnie City Council specified in column 1 of Part 1 of [Schedule 2](#JS2@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Clarence City Council by-laws amended","content":"### 6 Clarence City Council by-laws amended\n\n> Each by-law made by the Clarence City Council specified in column 1 of Part 1 of [Schedule 3](#JS3@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Devonport City Council by-laws amended","content":"### 7 Devonport City Council by-laws amended\n\n> Each by-law made by the Devonport City Council specified in column 1 of Part 1 of [Schedule 4](#JS4@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Dorset Council by-laws amended","content":"### 8 Dorset Council by-laws amended\n\n> Each by-law made by the Dorset Council specified in column 1 of Part 1 of [Schedule 5](#JS5@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Huon Valley Council by-laws amended","content":"### 9 Huon Valley Council by-laws amended\n\n> Each by-law made by the Huon Valley Council specified in column 1 of Part 1 of [Schedule 6](#JS6@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Launceston City Council by-laws amended","content":"### 10 Launceston City Council by-laws amended\n\n> Each by-law made by the Launceston City Council specified in column 1 of Part 1 of [Schedule 7](#JS7@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Sorell Council by-laws amended","content":"### 11 Sorell Council by-laws amended\n\n> Each by-law made by the Sorell Council specified in column 1 of Part 1 of [Schedule 8](#JS8@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"West Tamar Council by-laws amended","content":"### 12 West Tamar Council by-laws amended\n\n> Each by-law made by the West Tamar Council specified in column 1 of Part 1 of [Schedule 9](#JS9@EN) to this order is amended as specified adjacent to the by-law in column 2 of that Part.","sortOrder":11},{"sectionNumber":"SCHEDULE 1 - Break O'Day Counc","sectionType":"part","heading":"SCHEDULE 1 - Break O'Day Council By-laws","content":"# SCHEDULE 1 - Break O'Day Counc SCHEDULE 1 - Break O'Day Council By-laws\n\n[Clause 4](#GS4@EN)","sortOrder":12},{"sectionNumber":"Part 1","sectionType":"part","heading":"Amendments to Infringement Notice Provisions","content":"# Part 1 Amendments to Infringement Notice Provisions\n\n| Column 1 | Column 2 |\n| By-law | Amendment |\n| Caravans |  |\n| 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. |\n|  | 2. After Schedule 1, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2. |\n| Cemeteries |  |\n| 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. |\n|  | 2. After clause 46, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1. |\n| Control of Outside Burning |  |\n| By-law No. 4 of 2001 (Gazetted on 9 January 2002) | 1. Omit clause 14(3), (4), (5), (6), (7) and (8). |\n|  | 2. After clause 14, insert model provision 1A as clause 14A and model provision 4 as clause 14B. |\n|  | 3. After clause 15, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1. |\n| Licensing of Hawkers |  |\n| 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. |\n|  | 2. After Schedule 1, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 2. |\n| Parks, Reserves and Recreation Areas |  |\n| By-law No. 2 of 2001 (Gazetted on 9 January 2002) | 1. Omit clause 38(3), (4), (5), (6), (7), (8) and (9). |\n|  | 2. After clause 38, insert model provision 1A as clause 38A and model provision 4 as clause 38B. |\n|  | 3. After clause 39, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1. |","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Schedule for Caravans By-law","content":"# Part 2 Schedule for Caravans By-law\n\n> **\n> \n> > Schedule 2 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 5 | Licence necessary to occupy caravan | .5 |\n| 10 | No occupation of caravan in public place | .5 |\n| 11 | No occupation in exchange for rent | .5 |","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Schedule for Cemeteries By-law","content":"# Part 3 Schedule for Cemeteries By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 5 | Days on which funerals can be held | .5 |\n| 6 | Times for funerals | .5 |\n| 15 | Monuments on a common site | .5 |\n| 16(1) | Repair of monuments, vaults, graves or fences | .5 |\n| 19(1) | Structures not permitted | .5 |\n| 20 | Fences | .5 |\n| 21 | Construction | .5 |\n| 22 | Times of construction | .5 |\n| 25 | Construction equipment and materials | .5 |\n| 26 | Construction debris | .5 |\n| 29 | Number of vases | .5 |\n| 31 | Planting of trees, shrubs or plants prohibited | .5 |\n| 33 | Disorderly conduct | .5 |\n| 34 | Committing a nuisance | .5 |\n| 35 | Damage to objects placed on grave sites | .5 |\n| 36 | Damage to graves, monuments, etc. | .5 |\n| 37 | Distribution of advertisement | .5 |\n| 38 | Conducting a trade, business or calling | .5 |\n| 39 | Damage to council property | .5 |\n| 40(1) | Driving of vehicles | .5 |\n| 41 | Use of skates | .5 |","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Schedule for Control of Outside Burning By-law","content":"# Part 4 Schedule for Control of Outside Burning By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 4 | When waste may be burned | .5 |\n| 5 | Location of incinerator or open fire | .5 |\n| 6 | Construction and maintenance of incinerator | .5 |\n| 7 | Materials not to be burned | .5 |\n| 8 | Waste must be dry | .5 |\n| 9 | Access to water supply | .5 |\n| 10 | Offensive burning | .5 |\n| 11 | Power to extinguish | .5 |\n| 12 | Person present whilst fire is alight | .5 |","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Schedule for Licensing of Hawkers By-law","content":"# Part 5 Schedule for Licensing of Hawkers By-law\n\n> **\n> \n> > Schedule 2 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 4 | Unlicensed hawking prohibited | .5 |\n| 8 | Hawker to allow inspection of licence upon request | .5 |\n| 9 | Vehicles used for food purposes | .5 |\n| 10 | Hawking in a business district | .5 |","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Schedule for Parks, Reserves and Recreation Areas By-law","content":"# Part 6 Schedule for Parks, Reserves and Recreation Areas By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 4 | Closure of public reserve | .5 |\n| 6 | Function | .5 |\n| 7 | Creation of an entrance to a public reserve | .5 |\n| 8(1) | Erection of structure | .5 |\n| 10 | Outside dining | .5 |\n| 11 | Sale items | .5 |\n| 12 | Distribution of advertisement | .5 |\n| 13 | Preaching, concerts and similar activities | .5 |\n| 14 | Organised sport | .5 |\n| 15 | Use of change room and public toilet | .5 |\n| 16 | Collection of money | .5 |\n| 17 | Climbing of trees and other objects | .5 |\n| 18 | Dogs and other animals | .5 |\n| 19 | Use of small–wheeled devices | .5 |\n| 20 | Projectiles | .5 |\n| 21 | Breaking of glass | .5 |\n| 22 | Disorderly conduct | .5 |\n| 23 | Abuse of an authorised officer | .5 |\n| 24(1) | Liquor | .5 |\n| 25 | Damage to council property | .5 |\n| 26 | Interference with items | .5 |\n| 27 | Fire | .5 |\n| 28 | Graffiti | .5 |\n| 29 | Wood | .5 |\n| 30(2) | Parking of a motor vehicle | .5 |\n| 31 | Driving of a motor vehicle | .5 |\n| 32 | Parking when reserve is closed | .5 |\n| 33 | Entry and exit of parking area | .5 |\n| 34(2) | Reserved space | .5 |\n| 35 | Washing, dismantling and repair of motor vehicles | .5 |\n| 37 | Supply of name and address | .5 |","sortOrder":18},{"sectionNumber":"SCHEDULE 2 - Burnie City Counc","sectionType":"part","heading":"SCHEDULE 2 - Burnie City Council By-laws","content":"# SCHEDULE 2 - Burnie City Counc SCHEDULE 2 - Burnie City Council By-laws\n\n[Clause 5](#GS5@EN)","sortOrder":19},{"sectionNumber":"SCHEDULE 3 - Clarence City Cou","sectionType":"part","heading":"SCHEDULE 3 - Clarence City Council By-laws","content":"# SCHEDULE 3 - Clarence City Cou SCHEDULE 3 - Clarence City Council By-laws\n\n[Clause 6](#GS6@EN)","sortOrder":26},{"sectionNumber":"SCHEDULE 4 - Devonport City Co","sectionType":"part","heading":"SCHEDULE 4 - Devonport City Council By-laws","content":"# SCHEDULE 4 - Devonport City Co SCHEDULE 4 - Devonport City Council By-laws\n\n[Clause 7](#GS7@EN)","sortOrder":32},{"sectionNumber":"SCHEDULE 5 - Dorset Council By","sectionType":"part","heading":"SCHEDULE 5 - Dorset Council By-laws","content":"# SCHEDULE 5 - Dorset Council By SCHEDULE 5 - Dorset Council By-laws\n\n[Clause 8](#GS8@EN)","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Schedule for On-street Dining By-law","content":"# Part 7 Schedule for On-street Dining By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 6 | Street dining without a licence | 1 |\n| 7 | Failing to maintain area in a clean and sanitary manner | 1 |\n| 8 | Failing to use street rubbish bins for disposal of food waste | 1 |","sortOrder":46},{"sectionNumber":"SCHEDULE 6 - Huon Valley Counc","sectionType":"part","heading":"SCHEDULE 6 - Huon Valley Council By-laws","content":"# SCHEDULE 6 - Huon Valley Counc SCHEDULE 6 - Huon Valley Council By-laws\n\n[Clause 9](#GS9@EN)","sortOrder":47},{"sectionNumber":"SCHEDULE 7 - Launceston City C","sectionType":"part","heading":"SCHEDULE 7 - Launceston City Council By-laws","content":"# SCHEDULE 7 - Launceston City C SCHEDULE 7 - Launceston City Council By-laws\n\n[Clause 10](#GS10@EN)","sortOrder":52},{"sectionNumber":"Part 8","sectionType":"part","heading":"Schedule for Building Site Sanitation By-law","content":"# Part 8 Schedule for Building Site Sanitation By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 5 | Failure to provide sanitary services at a building site | 1 |\n| 6 | Failure to seek approval | 0.5 |\n| 7 | Failure to provide sufficient sanitation devices | 0.5 |\n| 8 | Failure to comply with direction as to location of sanitary devices | 1 |\n| 10 | Failure to locate sanitary devices to allow routine servicing | 0.5 |\n| 12 | Failure to comply with directions | 0.5 |\n| 13 | Failure to empty portable toilet | 0.5 |\n| 14 | Failure to keep sanitary services clean | 0.5 |","sortOrder":60},{"sectionNumber":"Part 9","sectionType":"part","heading":"Schedule for Cemeteries By-law","content":"# Part 9 Schedule for Cemeteries By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 17 | Erection of a monument on a common site | 1 |\n| 18 | Failure to keep in good repair | 1 |\n| 21 | Erection of unauthorised structure | 2 |\n| 22 | Failure to comply with fence construction standards | 1 |\n| 23 | Construction of monument when not qualified or experienced | 1 |\n| 24 | Construction outside designated hours | 1 |\n| 27 | Unauthorised placement of construction equipment | 0.5 |\n| 28 | Failure to reinstate area after construction | 0.5 |\n| 31 | Placement of more than one vase | 0.2 |\n| 37 | Operation of crematorium equipment without permission | 5 |\n| 40 | Planting of trees, shrubs or plants without permission | 0.5 |\n| 41 | Possession of animal in a cemetery | 0.5 |\n| 42 | Disorderly conduct | 0.5 |\n| 43 | Causing a nuisance | 0.5 |\n| 44 | Damaging objects placed on grave sites | 1 |\n| 45 | Damaging objects in a cemetery | 1 |\n| 46 | Distribution of advertisement in a cemetery | 0.5 |\n| 47 | Conducting a trade, business or calling without permission | 0.5 |\n| 48 | Damaging council property in a cemetery | 1 |\n| 49 | Driving other than as directed in a cemetery | 0.5 |\n| 50 | Use of small wheeled devices other than on paths provided | 0.5 |","sortOrder":61},{"sectionNumber":"Part 10","sectionType":"part","heading":"Schedule for Refuse Disposal Areas By-law","content":"# Part 10 Schedule for Refuse Disposal Areas By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 4 | Failure to pay fee | 0.5 |\n| 6 | Removal of wood without permission | 0.5 |\n| 7 | Unauthorised entry | 0.5 |\n| 8 | Dumping of refuse outside boundaries of refuse disposal area | 0.5 |\n| 9 | Lighting of fires without permission | 1 |\n| 10 | Disposal of dangerous materials | 1 |\n| 11 | Disposal of hazardous waste | 1 |\n| 12 | Failure to secure material | 0.5 |\n| 13 | Damaging council property | 1 |\n| 14 | Permitting animals to be at large in certain areas | 0.5 |\n| 15 | Scavenging without authority | 1 |\n| 16 | Failure to secure load | 0.5 |\n| 17 | Failure to comply with direction | 0.5 |","sortOrder":62},{"sectionNumber":"Part 11","sectionType":"part","heading":"Schedule for Flood Protection Works By-law","content":"# Part 11 Schedule for Flood Protection Works By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | OFFENCE | PENALTY |\n|  | GENERAL DESCRIPTION OF OFFENCE | (Penalty units) |\n| 4 | Damage to flood protection works | 2 |\n| 5 | Alteration of level of flood protection works | 2 |\n| 6 | Erection of structures on flood protection works without permission | 2 |\n| 7 | Interference with flood protection works | 2 |\n| 8 | Obstruction of access to flood protection works | 2 |\n| 9 | Failure to obtain permission to carryout out certain activities near flood protection works | 2 |","sortOrder":63},{"sectionNumber":"Part 12","sectionType":"part","heading":"Schedule for Parking By-law","content":"# Part 12 Schedule for Parking By-law\n\n> **\n> \n> > Schedule 1 – Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |\n| 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 |\n| 4 | Failure to use designated access point to parking area | $50 | $10 | $20 |\n| 5 | Exceeding speed limit in parking area | 0.5 |  |  |\n| 6 | Parking outside designated area | $50 | $10 | $20 |\n| 7 | Failure to pay parking fee | $50 | $10 | $20 |\n| 8 | Failure to display current parking voucher | $50 | $10 | $20 |\n| 9 | Parking longer than the maximum period | $50 | $10 | $20 |\n| 10 | Parking in a reserved space without authorisation | $50 | $10 | $20 |\n| 11 | Damaging equipment in a parking area | 0.5 |  |  |\n| 12 | Unauthorised removal of infringement notice | 0.5 |  |  |\n| 13 | Washing, dismantling, repairing vehicle without consent | 0.5 |  |  |\n| 14 | Skidding of vehicles | 0.5 |  |  |\n| 15 | Distributing advertisement without consent | 0.5 |  |  |\n| 17 | Defacing Council property without consent | 0.5 |  |  |\n| 20 | Obstructing vehicle or foot traffic | 0.5 |  |  |\n| 21 | Using skates and cycles in a parking area | 0.5 |  |  |","sortOrder":64},{"sectionNumber":"Part 13","sectionType":"part","heading":"Clause for Parking By-law","content":"# Part 13 Clause for Parking By-law\n\n> **28.   **Prescribed penalties for parking offences under the *Local Government (Highways) Act 1982*****\n> \n> > For the purposes of [section 100(4)](/view/html/inforce/2026-04-12/act-1982-057#GS100@Gs4@EN) of the [Local Government (Highways) Act 1982,](/view/html/inforce/2026-04-12/act-1982-057) the prescribed penalty for an infringement notice issued for an offence under [section 97](/view/html/inforce/2026-04-12/act-1982-057#GS97@EN) , [98](/view/html/inforce/2026-04-12/act-1982-057#GS98@EN) or [99](/view/html/inforce/2026-04-12/act-1982-057#GS99@EN) of that Act is the applicable sum specified adjacent to the offence in the following table:\n> > \n> > | Section | Description ofOffence | 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 |\n> > | Section 97(1)(a)(i) | Remaining parked whilst meter not running | $50 | $10 | $20 |\n> > | Section 97(1)(a)(ii) | Exceeding maximum period on parking meter | $50 | $15 | $25 |\n> > | Section 97(1)(b)(i) | Parking without parking voucher displayed | $50 | $10 | $20 |\n> > | Section 97(1)(b)(ii) | Parking longer than authorised by a parking voucher | $50 | $10 | $20 |\n> > | Section 97(1)(c) | Parking more than one motor vehicle in a space | $50 | $10 | $20 |\n> > | Section 97(1)(d) | Parking a motor vehicle partly inside and partly outside a space | $50 | $10 | $20 |\n> > | Section 98 | Obstructing use of parking space | $50 | $10 | $20 |\n> > | Section 99 | Parking whilst space closed | $50 | $10 | $20 |","sortOrder":65},{"sectionNumber":"SCHEDULE 8 - Sorell Council By","sectionType":"part","heading":"SCHEDULE 8 - Sorell Council By-laws","content":"# SCHEDULE 8 - Sorell Council By SCHEDULE 8 - Sorell Council By-laws\n\n[Clause 11](#GS11@EN)","sortOrder":66},{"sectionNumber":"SCHEDULE 9 - West Tamar Counci","sectionType":"part","heading":"SCHEDULE 9 - West Tamar Council By-laws","content":"# SCHEDULE 9 - West Tamar Counci SCHEDULE 9 - West Tamar Council By-laws\n\n[Clause 12](#GS12@EN)","sortOrder":74},{"sectionNumber":"SCHEDULE 10 - Model Infringeme","sectionType":"part","heading":"SCHEDULE 10 - Model Infringement Notice Provisions","content":"# SCHEDULE 10 - Model Infringeme SCHEDULE 10 - Model Infringement Notice Provisions\n\n[Clause 3](#GS3@EN)","sortOrder":80},{"sectionNumber":"Division 1","sectionType":"division","heading":"Model provision 1A","content":"## Division 1 Model provision 1A\n\n> **1.   **Infringement notices****\n> \n> > > (1) In this clause –\n> > > \n> > > > ***specified offence*** means an offence against the clause specified in column 1 of [Schedule 1](#JS1@EN) .\n> > \n> > > (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](#JS1@EN) is the penalty payable under the infringement notice for that offence.\n> > \n> > > (3) An authorised officer may –\n> > > \n> > > > > (a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and\n> > > > \n> > > > > (b) issue one infringement notice in respect of more than one specified offence.\n> > \n> > > (4) The [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) applies to an infringement notice issued under this by-law.\n> > \n> > > (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.","sortOrder":82},{"sectionNumber":"Division 2","sectionType":"division","heading":"Model provision 1B","content":"## Division 2 Model provision 1B\n\n> **1.   **Infringement notices****\n> \n> > > (1) In this clause –\n> > > \n> > > > ***specified offence*** means an offence against the clause specified in column 1 of [Schedule 2](#JS2@EN) .\n> > \n> > > (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](#JS2@EN) is the penalty payable under the infringement notice for that offence.\n> > \n> > > (3) An authorised officer may –\n> > > \n> > > > > (a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and\n> > > > \n> > > > > (b) issue one infringement notice in respect of more than one specified offence.\n> > \n> > > (4) The [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) applies to an infringement notice issued under this by-law.\n> > \n> > > (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.","sortOrder":83},{"sectionNumber":"Division 3","sectionType":"division","heading":"Model provision 1C","content":"## Division 3 Model provision 1C\n\n> **1.   **Infringement notices****\n> \n> > > (1) In this clause –\n> > > \n> > > > ***specified offence*** means an offence against the clause specified in column 1 of [Schedule 3](#JS3@EN) .\n> > \n> > > (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](#JS3@EN) is the penalty payable under the infringement notice for that offence.\n> > \n> > > (3) An authorised officer may –\n> > > \n> > > > > (a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and\n> > > > \n> > > > > (b) issue one infringement notice in respect of more than one specified offence.\n> > \n> > > (4) The [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) applies to an infringement notice issued under this by-law.\n> > \n> > > (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.","sortOrder":84}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Order stays within the original enforcement scope of the existing by‑laws: it does not create new substantive offences but replaces older enforcement/composition mechanisms with a standardised infringement‑notice framework and inserts schedules that list those same (or like) by‑law offences with set penalties. In short, the policy has grown in administrative reach (uniform enforcement mechanics applied widely across councils) but has not materially expanded the substantive regulatory scope of the by‑laws themselves. (See Clauses 4–12 and Schedule 10.)"},"complexity_factors":["Amends by‑laws across nine separate councils (Break O'Day, Burnie, Clarence, Devonport, Dorset, Huon Valley, Launceston, Sorell, West Tamar) increasing scope and cross‑reference complexity (Clauses 4–12).","Extensive schedules: Schedules 1–9 contain many Parts each listing dozens/hundreds of specified offences and penalties across diverse subject matter (parks, parking, refuse, waterways, swimming centres, etc.).","Multiple model provisions with subdivisions in Schedule 10 (1A, 1B, 1C, 2A, 2B, 3A, 3B and model provision 4) that are substituted into different by‑laws, creating conditional application depending on which model is used.","Mix of penalty formats: penalty units and fixed dollar amounts, plus columns for reduced early‑payment amounts in many schedules (two distinct reduced‑payment columns in some councils).","Numerous clause deletions and substitutions varying by by‑law (frequent omissions of multi‑subparagraph clauses), producing nested changes and variation in implementation across councils (see each Schedule Part’s amendment rows).","Cross‑references to external legislation (Monetary Penalties Enforcement Act 2005 and the Local Government (Highways) Act 1982) and reliance on those Act mechanics (Schedule 10, model provisions; various parking clauses reference section 100(4) of the Highways Act).","Several offences carry continuing penalties or daily penalties for ongoing breaches (schedules including parenthetical ‘and 0.5 for each day the offence continues’), which adds conditional time‑dependent calculation rules.","Operational discretion: authorised officers may issue one notice for multiple offences and may use vehicle‑affix service — these procedural flexibilities increase legal nuance (Schedule 10 model provisions cl. (3) and (5))."],"plain_english_summary":"**What this Order does, simply**\n\n- The Order updates a large number of local council by-laws in Tasmania to change how minor offences are enforced. It does this by removing older offence/enforcement clauses in each listed by‑law and inserting standard, “model” infringement‑notice provisions and schedules of specified offences with fixed penalties (either penalty units or dollar amounts). (See Clauses 4–12 and Schedule 10.)\n\n- The model provisions standardise: who may issue an infringement notice (an authorised officer), that the Monetary Penalties Enforcement Act 2005 applies, that an officer may issue a single notice covering multiple offences, and that an infringement notice may be attached to a vehicle as a method of service. (See Schedule 10, Part 1–3 (model provisions 1A–3B), especially the paragraphs that make the MPEA applicable and permit affixing a notice to a vehicle.)\n\n- The Order also inserts detailed schedules for each affected by‑law listing which clauses are “specified offences” and the penalty payable for each. Some schedules include reduced amounts if the penalty is paid early. (See the many Schedule parts under Schedules 1–9 and the examples in Burnie (Schedule 2, Part 2) and Devonport (Schedule 4, Part 2).)\n\n**Who is affected**\n\n- People and businesses subject to the listed council by‑laws (residents, visitors, tradespeople, hawkers, caravan occupiers, drivers, pool users, etc.) — they face fixed infringement penalties for specified breaches.\n\n- Council authorised officers — they gain a uniform power to issue infringement notices for those local offences, including the ability to issue one notice covering multiple infringements. (See Schedule 10 model provisions, cl. (3)(a)–(b).)\n\n- Councils — they receive the monetary penalties and can recover unpaid amounts as a debt. (See Schedule 10, Part 4 (model provision 4).)\n\n**How it works mechanically**\n\n- The Order operates by amending existing by‑laws of named councils (Break O’Day, Burnie, Clarence, Devonport, Dorset, Huon Valley, Launceston, Sorell and West Tamar) to: remove older enforcement/composition clauses, substitute a named model provision (1A/1B/1C/2A/2B/3A/3B), and insert a Schedule listing specified offences and penalties. (See Clauses 4–12 and the many Parts of Schedules 1–9.)\n\n- The model provisions set the enforcement mechanics: the monetary penalty for each listed offence is the amount shown in the schedule; the Monetary Penalties Enforcement Act 2005 applies to those infringement notices; and service may be effected by attaching the notice to a vehicle where relevant. (Schedule 10, Part 1–3.)\n\n- Model provision 4 makes unpaid monies payable to the council recoverable as a debt (so councils can take civil recovery steps rather than criminal prosecution). (Schedule 10, Part 4.)\n\n**Why it matters (claimed purpose and the trade-offs to watch)**\n\n- The Order’s explicit purpose is to standardise and modernise how councils enforce minor by‑law breaches by using infringement notices rather than older composition or court processes. Standardisation reduces variation between councils in the mechanics of issuing fines (Schedules 10, Parts 1–3). That can lower court workload and speed resolution.\n\n- Who pays: the individual or business found to have committed a specified by‑law offence pays the infringement penalty. (Schedules 1–9 listing offences and penalties.) Who decides: an authorised officer of the council decides to issue an infringement notice; the council enforces collection and may recover unpaid sums as a debt. (Schedule 10 model provisions and model provision 4.)\n\n- Incentives and behaviour change: fixed penalties and reduced early‑payment amounts create a clear, low‑friction route to settle minor breaches (many schedules include reduced amounts if paid within 14 or 28 days). That makes settling cheaper and faster than contesting in court for many people; it may increase voluntary compliance for lower‑value breaches.\n\n- Costs and opportunity costs: councils gain a quicker enforcement and revenue stream (penalties become recoverable debt). The public faces a compliance cost (monetary fines) and reduced judicial oversight for minor matters. Administrative costs shift to councils (training authorised officers, issuing and recording notices, following the Monetary Penalties Enforcement Act processes).\n\n- Bureaucratic discretion and implementation risk: authorised officers have discretion to issue notices (including one notice for multiple offences). Standard wording reduces variation, but the effectiveness depends on consistent officer training, record‑keeping and correct application of the Monetary Penalties Enforcement Act. Errors in issuing or serving notices may create legal challenges.\n\n- Effects on private enterprise and individual choice: the Order alters enforcement risk for small businesses (e.g. hawkers, street dining operators, parking operators) by making non‑compliance more readily punishable by preset fines listed in the new schedules. It does not, on its face, change what conduct is unlawful — it changes the enforcement vehicle and penalty format.\n\n**Key mechanics to note (source citations)**\n\n- Definitions of the model provisions: Clause 3 and Schedule 10 identify model provision names (1A, 1B, 1C, 2A, 2B, 3A, 3B and 4).\n- Enforcement powers and application of the Monetary Penalties Enforcement Act: Schedule 10 (model provisions 1A–3B, cl. (4)).\n- Service by affixing to a vehicle: Schedule 10 (model provisions 1A–3B, cl. (5)).\n- Recovery of unpaid sums as a debt: Schedule 10, Part 4 (model provision 4).\n- Replacement of “compositions” language in some by‑laws with “infringement notice penalties”: e.g. Devonport, Parking by‑law (Schedule 4, Part 1).\n\nIf you want, I can:\n- Extract and produce a compact table of the specific offences and penalties for a single council of your choice; or\n- Summarise how the Order changes a particular local by‑law from before/after (showing omitted clauses and inserted model provisions)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, this appears to be a straightforward amendment order with no indication of scope creep beyond its stated purpose of amending existing local government by-laws. However, the absence of substantive content makes a definitive assessment impossible."},"complexity_factors":["The document as provided contains only metadata and status information — no substantive legislative content is visible for analysis","Amending instruments are inherently dependent on the parent legislation, requiring cross-referencing to understand effect","Local government by-laws can vary significantly in subject matter, but this instrument appears narrow in scope","Low complexity overall due to the administrative/housekeeping nature of by-law amendment orders"],"plain_english_summary":"This Tasmanian Government order amends existing local council by‑laws — the local rules that govern things like parking, public spaces, animals, noise and other council regulations. It affects Tasmanian residents, councils and businesses by changing what’s permitted, prohibited or punishable at the local level. The provided text shows only administrative details; the specific substantive changes aren’t visible here and require inspecting the full instrument."},"kimi_summary":{"_metrics":{"completionTokens":712},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: standardising infringement notice provisions across Tasmanian local government by-laws. While it amends numerous by-laws, it does not expand beyond this core administrative function of penalty enforcement modernisation."},"complexity_factors":["47 separate by-laws amended across 9 councils, each with unique schedules and offence tables","7 different 'model provisions' (1A, 1B, 1C, 2A, 2B, 3A, 3B, 4) with subtle variations in discount structures and schedule references","Extensive cross-referencing between clauses, schedules, and external legislation (Monetary Penalties Enforcement Act 2005, Local Government (Highways) Act 1982)","Multiple penalty calculation methods: penalty units, fixed dollar amounts, and tiered early payment discounts","Highly repetitive but non-identical structure across 9 schedules, each containing multiple parts with offence tables","Nested conditional logic for penalty reductions based on payment timing (14-day vs 28-day windows)","Inconsistent formatting and apparent OCR errors in source text (e.g., 'S25' instead of '$25', truncated headings)"],"plain_english_summary":"This legislation is a **Tasmanian State Government order** that standardises how local councils across Tasmania issue and manage **infringement notices** (on-the-spot fines) for by-law breaches.\n\n**What it does:**\n- **Amends 47 existing by-laws** across 9 Tasmanian councils (Break O'Day, Burnie, Clarence, Devonport, Dorset, Huon Valley, Launceston, Sorell, and West Tamar)\n- **Replaces outdated penalty provisions** with new \"model provisions\" that create consistent rules for:\n  - Who can issue fines (authorised officers)\n  - How fines can be served (including attaching them to vehicles)\n  - How much people must pay, with **early payment discounts** (pay within 14 days for a reduced amount, or 28 days for a slightly higher but still reduced amount)\n  - How unpaid fines are recovered as debts\n\n**Key changes to by-laws cover:**\n- **Parking** (meter violations, voucher issues, reserved spaces)\n- **Public places** (parks, reserves, swimming centres, cemeteries)\n- **Waste management** (bin rules, refuse disposal, littering)\n- **Water and sewer services** (unauthorised connections, trade waste)\n- **Roads and highways** (unauthorised crossings, damage to footpaths)\n- **Caravans and camping** (unlicensed occupation)\n- **Street dining** (unlicensed outdoor dining)\n- **Environmental health** (burning restrictions, hazardous waste)\n\n**Why it matters:**\nBefore this order, each council had different penalty structures and procedures. This creates a **uniform system** across Tasmania, making it easier for councils to enforce local laws and for residents to understand their obligations. The early payment discounts encourage prompt payment and reduce court costs.\n\n**Penalty amounts:** Most offences attract **0.5 to 5 penalty units** (roughly $70-$700 at current values), with parking fines typically set at **$50** (reducible to $10-$30 if paid early)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/local-government-amendment-of-by-laws-order-2008","history":"/api/acts/local-government-amendment-of-by-laws-order-2008/history","analysis":"/api/acts/local-government-amendment-of-by-laws-order-2008/analysis","conflicts":"/api/acts/local-government-amendment-of-by-laws-order-2008/conflicts","importantCases":"/api/acts/local-government-amendment-of-by-laws-order-2008/important-cases","documents":"/api/acts/local-government-amendment-of-by-laws-order-2008/documents"}}