{"id":"tas:sr-2009-026","name":"Local Government (Amendment of By-laws) Order 2009","slug":"local-government-amendment-of-by-laws-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"26 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315278,"registerId":"tas-tas:sr-2009-026-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 2009](/view/html/inforce/2026-04-12/sr-2009-026) .","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](#JS10@HS1@HT1@EN) 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](#JS10@HS1@HT2@EN) 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](#JS10@HS1@HT3@EN) of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 2A*** means the model provision set out in [Part 2](#JS10@HS2@EN) of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 3A*** means the model provision set out in [Part 3](#JS10@HS3@EN) of [Schedule 10](#JS10@EN) to this order;\n> \n> > ***model provision 4*** means the model provision set out in [Part 4](#JS10@HS4@EN) of [Schedule 10](#JS10@EN) to this order.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Brighton Council by-laws amended","content":"### 4 Brighton Council by-laws amended\n\n> Each by-law made by the Brighton Council specified in column 1 of [Part 1](#JS1@HS1@EN) 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":"Derwent Valley Council by-laws amended","content":"### 5 Derwent Valley Council by-laws amended\n\n> Each by-law made by the Derwent Valley Council specified in column 1 of [Part 1](#JS2@HS1@EN) 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":"Devonport City Council by-laws amended","content":"### 6 Devonport City Council by-laws amended\n\n> Each by-law made by the Devonport City Council specified in column 1 of [Part 1](#JS3@HS1@EN) 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":"Glenorchy City Council by-laws amended","content":"### 7 Glenorchy City Council by-laws amended\n\n> Each by-law made by the Glenorchy City Council specified in column 1 of [Part 1](#JS4@HS1@EN) 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":"Kingborough Council by-laws amended","content":"### 8 Kingborough Council by-laws amended\n\n> Each by-law made by the Kingborough Council specified in column 1 of [Part 1](#JS5@HS1@EN) 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":"Latrobe Council by-laws amended","content":"### 9 Latrobe Council by-laws amended\n\n> Each by-law made by the Latrobe Council specified in column 1 of [Part 1](#JS6@HS1@EN) 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":"Northern Midlands Council by-laws amended","content":"### 10 Northern Midlands Council by-laws amended\n\n> Each by-law made by the Northern Midlands Council specified in column 1 of [Part 1](#JS7@HS1@EN) 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":"Waratah-Wynyard Council by-laws amended","content":"### 11 Waratah-Wynyard Council by-laws amended\n\n> Each by-law made by the Waratah-Wynyard Council specified in column 1 of [Part 1](#JS8@HS1@EN) 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 Coast Council by-laws amended","content":"### 12 West Coast Council by-laws amended\n\n> Each by-law made by the West Coast Council specified in column 1 of [Part 1](#JS9@HS1@EN) 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 - BRIGHTON COUNCIL ","sectionType":"part","heading":"SCHEDULE 1 - BRIGHTON COUNCIL BY-LAWS","content":"# SCHEDULE 1 - BRIGHTON COUNCIL  SCHEDULE 1 - BRIGHTON 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| Environmental Health |  |\n| 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. |\n|  | 2. In Schedule 1, omit Form 3. |\n|  | 3. After Schedule 1, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 2. |","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"SCHEDULE FOR ENVIRONMENTAL HEALTH BY-LAW","content":"# Part 2 SCHEDULE FOR ENVIRONMENTAL HEALTH BY-LAW\n\n> **\n> \n> > Schedule 2 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 6(1) | Occupy caravan without licence | 0.5 |\n| 6(2) | Proprietor of land authorising or permitting person to occupy caravan on that land without licence | 0.5 |\n| 9 | Occupy caravan situated on any road, public reserve or other public place | 0.5 |\n| 10 | Accept fee or reward for occupation of caravan on private property unless property is registered as caravan park | 0.5 |\n| 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 |\n| 13 | Builder failing to ensure toilets are provided on building site prior to commencement of building works | 0.5 |\n| 14 | Builder failing to provide specified number of toilets on building site | 0.5 |\n| 15 | Provide urinals on building site without written approval of General Manager | 0.5 |\n| 16 | Builder failing to comply with specification of General Manager about type of toilet or urinal to be provided on building site | 0.5 |\n| 17 | Builder failing to comply with direction of authorised officer about location of toilets or urinals | 0.5 |\n| 18 | Install on building site portable toilet not designed and installed in accordance with specified requirements | 0.5 |\n| 19 | Builder failing to ensure portable toilet emptied regularly, whenever required by General Manager, and in manner approved by General Manager | 0.5 |\n| 20 | Fail to clean and keep clean each toilet or urinal on building site to satisfaction of General Manager | 0.5 |\n| 22 | Install incinerator not constructed of suitable non-combustible material such as brick, concrete or metal | 0.5 |\n| 23 | Proprietor failing to maintain incinerator in good repair and in manner that promotes efficient combustion | 0.5 |\n| 24 | Fail to fit incinerator with lid or approved spark arrester | 0.5 |\n| 25 | Construct incinerator or open-air fire on property in municipal area contrary to specified siting requirements | 0.5 |\n| 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 |\n| 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 |\n| 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 |\n| 29 | Burn or cause or allow to be burned rubber or plastic substance or other specified material | 0.5 |\n| 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 |\n| 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 |\n| 32(1) | Person burning material in contravention of Part failing to extinguish fire if instructed by authorised officer | 0.5 |\n| 33 | Use of domestic wood-burning appliance, including heaters and stoves, contrary to specified requirements | 0.5 |\n| 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 |\n| 36 | Keep horse, farm animal or stock on premises or land in residential zone otherwise than in accordance with specified requirements | 0.5 |\n| 37 | Keep certain specified animals in residential zone | 0.5 |\n| 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 |\n| 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 |\n| 39(1) | Keeping more than 6 fowls on property within residential zone | 0.5 |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n| 41(4) | Feed or encourage pest animals without appropriate Council permit | 0.5 |","sortOrder":14},{"sectionNumber":"SCHEDULE 2 - DERWENT VALLEY CO","sectionType":"part","heading":"SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS","content":"# SCHEDULE 2 - DERWENT VALLEY CO SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS\n\n[Clause 5](#GS5@EN)","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"SCHEDULE FOR WASTE MANAGEMENT BY-LAW","content":"# Part 3 SCHEDULE FOR WASTE MANAGEMENT BY-LAW\n\n> **\n> \n> > Schedule 1 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 7(1) | Fail to comply with direction at waste management facility | 1 |\n| 7(3) | Deposit controlled waste at waste management facility without prior written approval | 1 |\n| 8(a) | Deposit refuse outside normal operating hours | 1 |\n| 8(b) | Deposit refuse outside boundary of waste management facility | 1 |\n| 8(c) | Deposit refuse/animal manure outside specified area in waste management facility | 1 |\n| 8(d) | Deposit unsecured material capable of becoming airborne | 1 |\n| 8(e) | Deposit sharps in waste management facility except at place, and in manner, approved | 1 |\n| 8(f) | Remain in waste management facility longer than necessary to deposit refuse | 1 |\n| 8(g) | Fail to comply with direction of authorised officer | 1 |\n| 9(a) | Dump hot refuse in waste management facility | 1 |\n| 9(b) | Permit open burning in waste management facility | 1 |\n| 9(c) | Set fire to any refuse in waste management facility | 1 |\n| 10(1) | Enter waste management facility for purpose other than to deposit refuse, without written permission | 1 |\n| 10(2) | Remove any article or thing deposited as refuse/interfere with any materials, plant or equipment at waste management facility | 1 |\n| 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 |\n| 12(5) | Fail to comply with direction of authorised officer on disposal of refuse | 1 |\n| 12(10) | Collect refuse or recyclables placed for Council’s collection service unless authorised | 1 |\n| 13(1)(a) | Fail to store refuse container or recycling crate within premises | 1 |\n| 13(1)(b) | Fail to use refuse container for refuse produced on premises | 1 |\n| 13(1)(c) | Fail to keep refuse container in good repair and sanitary condition | 1 |\n| 13(1)(d) | Fail to clean and disinfect refuse container as required by authorised officer | 1 |\n| 13(1)(e) | Fail to place refuse or recycling container for collection in notified place and manner | 1 |\n| 13(1)(f) | Fail to ensure contents of refuse container do not exceed 50kg | 1 |\n| 13(1)(g) | Place non-recyclables in recycling crate | 1 |\n| 13(1)(h) | Place refuse container in position to obstruct pedestrians | 1 |\n| 14(1)(a) | Place hot substance in refuse container | 1 |\n| 14(1)(b) | Place substance that may explode in refuse container | 1 |\n| 14(1)(c) | Place substance that may generate toxic or poisonous gases or fumes in refuse container | 1 |\n| 14(1)(d) | Place corrosive substance in refuse container | 1 |\n| 14(1)(e) | Place sharps or potentially infectious waste in refuse container | 1 |\n| 14(1)(f) | Place dangerous substance in refuse container | 1 |\n| 15(2) | Fail to obey directions of authorised officer or police officer | 1 |\n| 16(2) | Fail to supply full name and address | 1 |","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"SCHEDULE FOR WATER BY-LAW","content":"# Part 4 SCHEDULE FOR WATER BY-LAW\n\n> **\n> \n> > Schedule 1 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 6(2) | Commercial water carriers obtaining water from other than designated standpipe | 1.5 |\n| 7 | Open ground to expose water main or property service without written permission | 1 |\n| 9(1) | Construct structure interfering with water main or property service without written approval | 1.5 |\n| 9(2) | Alter minimum depth of cover over any water service by removal of fill soil or other material without written approval | 1 |\n| 12 | Fail to provide water service | 1 |\n| 13(1) | Fail to disconnect from shared water service | 1 |\n| 14(1) | Fail to install backflow prevention device | 1.5 |\n| 15 | Use water for purpose other than that specified | 1 |\n| 16 | Use water not measured through a meter | 1.5 |\n| 17 | Sell water from Council water service without written approval | 1 |\n| 18(1) | Break seal on fire service valve or use fire protection equipment attached to water main other than for fire protection | 1 |\n| 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 |\n| 19(2) | Install cistern other than specified type of dual flush unit on water closet | 1 |\n| 20(4) | Fail to comply with notice to rectify defective work or maintenance | 0.5 |\n| 21(2) | Fail to comply with notice to rectify leakage or cease water wastage | 1 |\n| 23 | Use water in breach of applicable water restrictions | 1 |\n| 27(a) | Assault, delay, obstruct, hinder or impede authorised officer | 5 |\n| 27(b) | Forge or counterfeit written evidence of appointment as authorised officer | 5 |\n| 27(c) | Make use of any forged or counterfeit or false evidence | 5 |\n| 27(d) | Impersonate authorised officer | 5 |\n| 27(e) | Falsely pretend to be authorised officer | 5 |","sortOrder":19},{"sectionNumber":"SCHEDULE 3 - DEVONPORT CITY CO","sectionType":"part","heading":"SCHEDULE 3 - DEVONPORT CITY COUNCIL BY-LAWS","content":"# SCHEDULE 3 - DEVONPORT CITY CO SCHEDULE 3 - DEVONPORT CITY COUNCIL BY-LAWS\n\n[Clause 6](#GS6@EN)","sortOrder":20},{"sectionNumber":"SCHEDULE 4 - GLENORCHY CITY CO","sectionType":"part","heading":"SCHEDULE 4 - GLENORCHY CITY COUNCIL BY-LAWS","content":"# SCHEDULE 4 - GLENORCHY CITY CO SCHEDULE 4 - GLENORCHY CITY COUNCIL BY-LAWS\n\n[Clause 7](#GS7@EN)","sortOrder":24},{"sectionNumber":"Part 5","sectionType":"part","heading":"SCHEDULE FOR RECREATION RESERVE AND NATURAL AREA RESERVE BY-LAW","content":"# Part 5 SCHEDULE FOR RECREATION RESERVE AND NATURAL AREA RESERVE BY-LAW\n\n> **\n> \n> > Schedule 2 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 3 | Cause damage to vegetation in recreation reserve without permit | 2 |\n| 4 | Remove or cause damage to soil or other material in recreation reserve without permit | 2 |\n| 5 | Use firearm or throw or fire any missile in recreation reserve without permit | 3 |\n| 6 | Allow animal to be in recreation reserve without authorisation | 1 |\n| 7 | Drive vehicle or allow horse off constructed roads in recreation reserve without permit | 1 |\n| 8 | Camp in recreation reserve without authorisation | 2 |\n| 9 | Possess firearm or woodcutting implement in recreation reserve without permit | 1 |\n| 10 | Light or maintain fire in recreation reserve other than in place provided | 5 |\n| 11 | Cause damage to recreation reserve | 3 |\n| 12 | Behave in manner that interferes with peaceable use of recreation reserve by others | 2 |\n| 13 | Enter recreation reserve that is closed, leased or hired without authorisation | 2 |\n| 14(1) | Interfere with or possess wildlife or possess hunting equipment in recreation reserve without permit | 5 |\n| 14(2) | Allow wildlife into recreation reserve | 5 |\n| 15 | Sell goods, chattels or property in recreation reserve without permit | 1 |\n| 16 | Let for hire goods or chattels in recreation reserve without permit | 1 |\n| 17 | Set up building, structure or obstruction in recreation reserve without permit | 2 |\n| 18 | Conduct entertainment for financial reward in recreation reserve without permit | 1 |\n| 19 | Leave structure on recreation reserve without permit | 1 |\n| 20 | Behave in playground contrary to clause 20 | 1 |\n| 21(2) | Drive vehicle in recreation reserve other than on road without permit | 2 |\n| 21(3) | Park or leave vehicle in recreation reserve outside of parking area without permit | 2 |\n| 21(7) | Fail to comply with direction of authorised officer regarding use of vehicle in recreation reserve | 1 |\n| 21(8) | Land or launch aircraft in recreation reserve without permit other than in emergency | 3 |\n| 21(9) | Drop article or thing from aircraft onto recreation reserve without permit | 3 |\n| 22 | Play or practise golf in recreation reserve | 1 |\n| 23 | Amplify or play music in recreation reserve without permit | 1 |\n| 24 | Remove or damage object of particular interest in recreation reserve without permit | 5 |\n| 25 | General offences – notices, handbills, memorial, graffiti, track marking without permit in recreation reserve | 1 |\n| 26 | Deposit dead body of creature or noxious matter in recreation reserve | 3 |\n| 27(2) | Fail to obey lawful direction from authorised officer regarding playing games or sport in recreation reserve | 0.5 |\n| 28(4) | Consume liquor on cycleway or in War Memorial Gardens | 2 |\n| 29 | Enter or remain in recreation reserve when closed according to signage | 1 |\n| 30(2) | Enter or remain in recreation reserve when closed without permission of General Manager | 2 |\n| 31 | In recreation reserve, enter changeroom or public toilet intended for the opposite sex | 2 |\n| 32 | Conduct concert, public speaking or similar activity in recreation reserve without permission of General Manager | 2 |\n| 34 | Leave litter or interfere with litter container in recreation reserve | 1 |\n| 35 | Interfere with or possess wildlife or possess hunting equipment in natural area reserve without permit | 5 |\n| 36 | Interfere with or remove water, firewood, plants, soil or material in natural area reserve | 3 |\n| 37(1) | Allow animal to be in natural area reserve without authorisation | 2 |\n| 38(2) | Drive vehicle in natural area reserve other than on road without permit | 2 |\n| 38(7) | Drive vehicle on road closed by barrier in natural area reserve without permit | 2 |\n| 38(8) | Fail to comply with lawful direction of authorised officer in natural area reserve in relation to use of vehicle | 1 |\n| 38(9) | Land or launch aircraft in natural area reserve without permit other than in emergency | 3 |\n| 38(10) | Drop article or thing from aircraft onto natural area reserve without permit | 3 |\n| 39(3) | Fail to comply with sign prohibiting or restricting camping in natural area reserve | 1 |\n| 39(5) | Fail to comply with lawful direction of authorised officer in relation to camping in natural area reserve | 2 |\n| 40(1) | Light fire without permit in natural area reserve | 5 |\n| 40(4) | Fail to comply with sign or notice regarding fires in natural area reserve | 5 |\n| 40(5) | Fail to prevent fire from spreading in natural area reserve | 5 |\n| 41 | Damage work or building in natural area reserve | 3 |\n| 42 | Remove or damage object of particular interest in natural area reserve without permit | 5 |\n| 43 | Erect building or structure without permit in natural area reserve | 2 |\n| 44 | General offences – notices, handbills, memorial, graffiti, track marking without permit in natural area reserve | 1 |\n| 45 | Deposit dead body of creature or noxious matter in natural area reserve without permit | 5 |\n| 46 | Bring noxious weed into natural area reserve contrary to permit | 2 |\n| 47 | Discharge firearm or projectile in natural area reserve without permit | 3 |\n| 48(2) | Fail to obey lawful direction from authorised officer regarding playing games or sport in natural area reserve | 1 |\n| 48(4) | Fail to comply with sign or notice regarding game, sport or activity in natural area reserve | 1 |\n| 49 | Amplify or play music in natural area reserve without permit | 1 |\n| 50 | Enter restricted or prohibited area of natural area reserve without permit | 2 |\n| 51(2) | Fail or refuse to stop vehicle in natural area reserve when instructed to do so by authorised officer | 1 |\n| 53(7) | Fail to comply with the terms of licence issued in relation to natural area reserve | 0.5 |","sortOrder":29},{"sectionNumber":"Part 6","sectionType":"part","heading":"SCHEDULE FOR ROADS BY-LAW","content":"# Part 6 SCHEDULE FOR ROADS BY-LAW\n\n> **\n> \n> > Schedule 2 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 3 | Occupy road without licence | 0.5 |\n| 5(a) | Place signboard on footpath in unauthorised location or of unauthorised size or construction | 0.5 |\n| 5(b) | Fail to remove signboard from footpath | 0.5 |\n| 5(c) | Fail to comply with lawful direction when placing signboard on footpath | 0.5 |\n| 6(1) | Place sign on road without permit | 0.5 |\n| 6(2) | Place sign on private land adjacent to road reservation without approval | 0.5 |\n| 7(1) | Act as roadside vendor without licence | 0.5 |\n| 8 | Act as roadside vendor on road unless land designated by Council for that purpose and person has requisite licences | 0.5 |\n| 9(1) | Set up stall on land, excluding road, without licence | 0.5 |\n| 10(1) | Advertise parked vehicle for sale on road | 0.5 |\n| 11 | Drop material on road without written permission | 0.5 |\n| 12 | Drive vehicle on road with material adhering to wheels | 0.5 |\n| 13 | Drive vehicle not constructed and equipped to prevent material from dropping from vehicle | 0.5 |\n| 14(2) | Fail to comply with notice directing removal of material from road | 0.5 |\n| 16 | Construct crossing without consent of council | 0.5 |\n| 18(3) | Fail to comply with notice to construct crossing | 0.5 |\n| 19 | Fail to maintain or repair crossing | 0.5 |\n| 21(2) | Fail to remove or repair bridge or crossing as directed | 0.5 |\n| 24(1) | Drive over footpath, kerb or gutter other than over designated crossover without permit | 0.5 |\n| 24(2) | Fail to protect footpath, kerb or gutter in accordance with conditions in permit | 0.5 |\n| 27 | Open surface of road without permit | 0.5 |\n| 31(1) | Use road to place or mix material without permit | 0.5 |\n| 31(2) | Place object on road without permit to prevent parking | 0.5 |\n| 32(1) | Drive vehicle on road without wheels as prescribed | 0.5 |\n| 33 | Park on footpath or nature strip without permit | 0.5 |\n| 34(1) | Place skip or waste collection bin on road without permit | 0.5 |\n| 34(3) | Park trailer or boat trailer on road without permit | 0.5 |\n| 35 | Remove or injure vegetation without permit | 0.5 |\n| 41 | Fail to comply with terms of licence | 0.5 |\n| 46 | Fail to produce licence or answer questions | 0.5 |","sortOrder":30},{"sectionNumber":"Part 7","sectionType":"part","heading":"SCHEDULE FOR WATER, SEWERS AND DRAINS BY-LAW","content":"# Part 7 SCHEDULE FOR WATER, SEWERS AND DRAINS BY-LAW\n\n> **\n> \n> > Schedule 1 - Infringement Notice Offences\n> \n> **\n\n| Column 1 | Column 2 | Column 3 |\n| CLAUSE | GENERAL DESCRIPTION OF OFFENCE | PENALTY |\n|  |  | (Penalty units) |\n| 4.1 | Open ground and expose council sewer, water or stormwater main or branch or other statutory body’s service without written permission | 1 |\n| 4.2 | Open highway and expose council sewer, water or stormwater main or branch or other statutory body’s service without permit | 1 |\n| 5 | Interfere with council sewer, water or stormwater main or branch without written permission | 1 |\n| 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 |\n| 7.4 | Fail to comply with notice to carry out maintenance or address defect | 0.5 |\n| 8 | Alter minimum depth of cover required without written approval | 1 |\n| 10.4 | Fail to comply with notice to lay down water installation | 1 |\n| 11.2 | Fail to comply with notice to disconnect from shared water installation | 1 |\n| 13.2 | Fail to comply with notice to install backflow prevention device | 2 |\n| 14.1 | Fail to use water through meter as required | 3 |\n| 15 | Use too much water or sell water from Council supply without approval | 1 |\n| 16 | Use fire protection equipment for purpose other than fire protection without approval | 1 |\n| 17.3 | Fail to comply with notice to rectify leakage or cease water wastage | 0.5 |\n| 18.3 | Fail to comply with water restrictions | 0.5 |\n| 21 | Connect to or interfere with sewerage system without consent | 1 |\n| 22.2 | Fail to comply with notice to disconnect from shared sewerage installation | 1 |\n| 23 | Fail to discharge required matter into sewerage system | 2 |\n| 25 | Discharge to sewer waste that exceeds permitted limits | 10 |\n| 28.4 | Trade waste permit holder fail to notify Council of change to circumstances | 1 |\n| 29 | Trade waste discharger fail to notify Council of change of ownership or occupancy | 1 |\n| 30 | Fail to install accessible chamber for trade waste inspection | 1 |\n| 31 | Exceed trade waste limits specified in permit | 10 |\n| 33 | Connect to or interfere with stormwater system without consent | 1 |\n| 34.2 | Fail to comply with notice to disconnect from shared stormwater installation | 1 |\n| 35 | Discharge prohibited matter into stormwater system | 2 |\n| 36.2 | Fail to comply with notice to drain concentration of water | 2 |\n| 37.2 | Fail to comply with notice to control sediment contamination of stormwater run-off | 5 |\n| 38 | Alter water course without authorisation | 10 |\n| 39.1 | Erect structure within riparian zone of water course bank without authorisation | 5 |","sortOrder":31},{"sectionNumber":"SCHEDULE 5 - KINGBOROUGH COUNC","sectionType":"part","heading":"SCHEDULE 5 - KINGBOROUGH COUNCIL BY-LAWS","content":"# SCHEDULE 5 - KINGBOROUGH COUNC SCHEDULE 5 - KINGBOROUGH COUNCIL BY-LAWS\n\n[Clause 8](#GS8@EN)","sortOrder":32},{"sectionNumber":"SCHEDULE 6 - LATROBE COUNCIL B","sectionType":"part","heading":"SCHEDULE 6 - LATROBE COUNCIL BY-LAWS","content":"# SCHEDULE 6 - LATROBE COUNCIL B SCHEDULE 6 - LATROBE COUNCIL BY-LAWS\n\n[Clause 9](#GS9@EN)","sortOrder":38},{"sectionNumber":"SCHEDULE 7 - NORTHERN MIDLANDS","sectionType":"part","heading":"SCHEDULE 7 - NORTHERN MIDLANDS COUNCIL BY-LAWS","content":"# SCHEDULE 7 - NORTHERN MIDLANDS SCHEDULE 7 - NORTHERN MIDLANDS COUNCIL BY-LAWS\n\n[Clause 10](#GS10@EN)","sortOrder":44},{"sectionNumber":"SCHEDULE 8 - WARATAH-WYNYARD C","sectionType":"part","heading":"SCHEDULE 8 - WARATAH-WYNYARD COUNCIL BY-LAWS","content":"# SCHEDULE 8 - WARATAH-WYNYARD C SCHEDULE 8 - WARATAH-WYNYARD COUNCIL BY-LAWS\n\n[Clause 11](#GS11@EN)","sortOrder":49},{"sectionNumber":"SCHEDULE 9 - WEST COAST COUNCI","sectionType":"part","heading":"SCHEDULE 9 - WEST COAST COUNCIL BY-LAWS","content":"# SCHEDULE 9 - WEST COAST COUNCI SCHEDULE 9 - WEST COAST COUNCIL BY-LAWS\n\n[Clause 12](#GS12@EN)","sortOrder":56},{"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":62},{"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":64},{"sectionNumber":"Division 2","sectionType":"division","heading":"Model provision 1B","content":"## Division 2 Model provision 1B\n\n> **2.   **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":65},{"sectionNumber":"Division 3","sectionType":"division","heading":"Model provision 1C","content":"## Division 3 Model provision 1C\n\n> **3.   **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":66}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Title/Header","severity":"medium","reasoning":"An 'Amendment of Amendment' order is not inherently illegal, but the title as rendered suggests the instrument is amending itself or an identically named instrument. The full title contains the phrase 'Amendment of Local Government (Amendment of By-laws) Order 2009' within an instrument that is also dated 2009, raising the question of whether the parent instrument could logically exist prior to or simultaneously with this amending instrument in the same year, and whether the nested naming creates an irresolvable reference loop.","confidence":0.62,"description":"The legislation is titled 'Local Government (Amendment of Local Government (Amendment of By-laws) Order 2009' — it is an amendment of an amendment order, creating a recursive/nested title that refers to itself amending a document that is itself already an amendment instrument."},{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"low","reasoning":"A file modification date of 24 July 2018 is inconsistent with a version described as current and unchanged since 6 May 2009. Either the version currency description is inaccurate (an amendment occurred but is not reflected in the version date), or the file was modified for non-legislative reasons with no explanation provided, undermining confidence in the currency statement.","confidence":0.55,"description":"The document states it is 'Version current from 6 May 2009 to date' yet the file was 'last modified 24 July 2018'. If no amendments have been made since commencement, a 2018 file modification is unexplained. If amendments were made, the version currency statement is misleading."},{"type":"other","section":"Document Structure / Headers","severity":"low","reasoning":"Legislation must be capable of clear interpretation. Duplicated headings, even if a formatting error, could in principle be argued to create two separate operative sections with identical names, generating interpretive uncertainty. In a strict legal context, a court or tribunal would need to determine which instance of a duplicated section prevails.","confidence":0.4,"description":"Every heading in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Authorisation Authorisation', 'Currency of version Currency of version'). While likely a rendering artefact, as published legislation this creates ambiguity about whether each duplicated section constitutes a separate operative provision or is mere repetition."}],"contradictions":[{"severity":"low","section_a":"Status Information – Currency of version ('Version current from 6 May 2009 to date')","section_b":"Authorisation – 'File last modified 24 July 2018'","confidence":0.58,"description":"The version currency statement asserts the instrument has been current and unchanged since 6 May 2009, but the file modification date of 24 July 2018 indicates the document was altered approximately nine years after commencement, contradicting the claim of an unbroken single version."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a machinery provision for updating council infringement notice systems. While it covers nine councils comprehensively, this appears to be the intended purpose rather than scope creep — it's a bulk amendment instrument designed to standardise penalty provisions across multiple local government areas simultaneously."},"complexity_factors":["Length: Extensive document with 10 schedules covering 9 different councils and multiple by-laws per council","Cross-referencing: Heavy reliance on 'model provisions' (1A, 1B, 1C, 2A, 3A, 4) defined in Schedule 10 that are inserted into various council by-laws","Tabular data: Over 40 tables listing specific offences and penalties across different council areas","Variable penalty structures: Different councils use different penalty column structures (some have 3 columns, some 4, some 5) with varying discount periods","Nested amendments: Each schedule amends specific clauses in existing by-laws, requiring readers to cross-reference with the original by-laws to understand full context","Defined terms: 6 specific 'model provision' definitions in section 3, plus numerous council-specific references"],"plain_english_summary":"This legislation is a **Tasmanian State Government order** that updates the fine (infringement notice) systems for **nine local councils** across Tasmania. It standardises how councils can issue on-the-spot fines for minor breaches of local rules.\n\n**What it does:**\n- **Replaces outdated penalty clauses** in existing council by-laws with modern, standardised 'model provisions' for issuing infringement notices.\n- **Sets specific fines** for hundreds of minor offences, ranging from parking violations and littering to keeping bees, burning rubbish, and misbehaving in public pools.\n- **Allows early payment discounts** — most fines are reduced if paid within 14 days (and sometimes 28 days).\n\n**Who it affects:**\n- **Residents and visitors** to Brighton, Derwent Valley, Devonport, Glenorchy, Kingborough, Latrobe, Northern Midlands, Waratah-Wynyard, and West Coast council areas.\n- **Local councils** — it gives them consistent legal machinery to enforce their rules without going to court for every minor breach.\n\n**Key examples of what you can be fined for:**\n- **Devonport:** Parking meter violations ($50, reduced to $15 if paid quickly)\n- **Glenorchy:** Letting your dog foul public land (2 penalty units), lighting fires in reserves (up to 5 penalty units)\n- **Kingborough:** Camping without a permit (1 penalty unit), discharging firearms in natural areas (10 penalty units)\n- **Brighton:** Burning plastic or rubber (0.5 penalty units), keeping too many chickens (0.5 penalty units)\n\n**Why it matters:**\nThis is essentially a **bulk update** to local laws. Instead of each council writing its own penalty provisions from scratch, they adopt standard 'model provisions' from Schedule 10. This makes the system fairer, more consistent, and easier to understand — but also means hundreds of specific behaviours now carry defined financial penalties that can be enforced immediately by council officers."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence of scope change from the original intent. The instrument appears to do exactly what its title suggests — amend existing local government by-laws in Tasmania. No material broadening or narrowing of scope can be identified from the metadata alone."},"complexity_factors":["The document as provided contains almost no substantive legal content — only metadata, status information, and administrative details","Amending instruments are inherently slightly more complex than standalone legislation because they require cross-referencing the original by-laws being amended","The actual amendments (which would add complexity) are not visible in the provided text","Limited scope: affects a narrow area of Tasmanian local government administration"],"plain_english_summary":"## Local Government (Amendment of By-laws) Order 2009 (Tasmania)\n\nThis is a Tasmanian government instrument that **amends existing by-laws** (local rules made by councils) under the *Local Government Act*. In plain terms, it tweaks or updates rules that apply to local councils in Tasmania.\n\n**Who does this affect?**\n- Tasmanian local councils\n- Potentially residents and businesses subject to those by-laws\n\n**Why does it matter?**\nBy-laws govern day-to-day local matters — things like how public spaces are used, parking, animals, or community facilities. When they're amended, the rules you must follow change.\n\n⚠️ **Important limitation:** The actual text of the substantive amendments is not included in this extract — only metadata and status information is visible. This means the specific changes made cannot be assessed from the provided content alone."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Order replaces many council‑specific infringement provisions with standard model provisions and inserts schedules that enumerate the ‘specified offences’ and set penalties (see Clause 3; Clauses 4–12; Schedule 10 model provisions 1A–3A and 4). Mechanically this changes which by‑law clauses may be enforced by infringement notice, standardises penalties and reduced‑payment options in many councils, confirms enforcement under the Monetary Penalties Enforcement Act 2005 (model provisions) and makes unpaid fines recoverable as council debts (model provision 4)."},"complexity_factors":["Large scale, across many councils — multiple by‑laws amended (Clauses 4–12 and Schedules 1–9).","Introduction of uniform model provisions (Schedule 10, model provisions 1A, 1B, 1C, 2A, 3A and 4) that replace diverse existing clauses.","Numerous inserted offence schedules listing many clause references and differing penalty units or dollar amounts (varied formats and reduced‑payment options).","Cross‑references to external statute: Monetary Penalties Enforcement Act 2005 (model provisions) affecting enforcement procedures.","Creates recovery mechanism: monies payable treated as debt recoverable at law (Schedule 10, model provision 4).","Discretion and operational detail for authorised officers to issue notices and serve them on vehicles (Schedule 10 provisions) increases implementation and training needs.","Mixed units and formats (penalty units and fixed dollar sums, differing reduced payment periods) require local conversion and administrative mapping.","Replacement and omission of many clause subparagraphs requires careful mapping to existing by‑law texts to identify net changes in enforceable conduct."],"plain_english_summary":"This Order amends numerous Tasmanian local council by‑laws to adopt standard “model” infringement‑notice clauses and to replace or insert schedules listing specific by‑law offences and their monetary penalties. Mechanically it tells authorised officers which offences can attract infringement notices, sets penalty amounts (and reduced amounts for prompt payment in some schedules) and makes unpaid amounts recoverable as a debt. It affects councils (as recipients of fines), authorised officers (who issue notices) and residents/ businesses in those council areas."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-amendment-of-by-laws-order-2009","history":"/api/acts/local-government-amendment-of-by-laws-order-2009/history","analysis":"/api/acts/local-government-amendment-of-by-laws-order-2009/analysis","conflicts":"/api/acts/local-government-amendment-of-by-laws-order-2009/conflicts","importantCases":"/api/acts/local-government-amendment-of-by-laws-order-2009/important-cases","documents":"/api/acts/local-government-amendment-of-by-laws-order-2009/documents"}}