Local Government (Amendment of By-laws) Order 2009
In ForceTAS
Jurisdiction
Tasmania
Act Number
26 of 2009
Collection
regulation
Plain English Summary
6/10 complexity
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.
This statutory instrument amends a large set of Tasmanian local council by-laws by substituting standardised "model" infringement‑notice provisions and inserting prescribed schedules of infringement offences and penalties. Mechanically the Local Government (Amendment of By‑laws) Order 2009 (the order) operates by: (a) omitting specific clauses in the listed council by‑laws and substituting one of the model provisions from Schedule 10 (model provision 1A, 1B, 1C, 2A, 3A or 4); (b) inserting new infringement schedules (or replacing existing schedules) in those by‑laws; and (c) where required, inserting clause text that prescribes the penalty or a table of prescribed penalties for offences under other Acts (for example, parking offences under the Local Government (Highways) Act 1982). See, for example, Brighton (Schedule 1) where the Environmental Health by‑law has clause 43 omitted and model provision 1B substituted as clause 43, model provision 4 inserted as clause 44, and a new Schedule 2 (Infringement Notice Offences) is added (Schedule 1 Part 1 and Part 2). The Order lists council‑by‑law amendments across Schedules 1 to 9 and publishes the model provisions in Schedule 10.
Operationally the model provisions do the following, as they appear in Schedule 10: they authorise an authorised officer to issue infringement notices for specified offences (see model provisions 1A, 1B, 1C, 2A and 3A); they link the infringement notice regime to the Monetary Penalties Enforcement Act 2005 by explicit application (each model provision, e.g. model provision 1A(4), states the Monetary Penalties Enforcement Act 2005 applies); they permit service of an infringement notice by affixing it to a vehicle where the alleged offence involves a vehicle (each model provision, e.g. model provision 1A(5)); they allow an authorised officer to issue one infringement notice for more than one specified offence (each model provision, e.g. model provision 1A(3)(b)); and model provision 4 makes monies payable in respect of an infringement notice a debt recoverable at law by the council (Schedule 10 Part 4). Several schedules inserted into council by‑laws specify monetary penalties in penalty units, in dollar amounts, or provide reduced payment amounts if paid within a specified time window (often 14 or 28 days). The Order took effect on notification in the Gazette (s 2) and was notified on 6 May 2009; it is administered by the Department of Premier and Cabinet (final lines).
Current sections
Direct links to the current provisions in Local Government (Amendment of By-laws) Order 2009.
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
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
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
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
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
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
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
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
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
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
SCHEDULE 1 - BRIGHTON COUNCIL BY-LAWS
SCHEDULE 1 - BRIGHTON COUNCIL SCHEDULE 1 - BRIGHTON COUNCIL BY-LAWS
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
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 CO
SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS
SCHEDULE 2 - DERWENT VALLEY CO SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS
| 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
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 CO
SCHEDULE 3 - DEVONPORT CITY COUNCIL BY-LAWS
SCHEDULE 3 - DEVONPORT CITY CO SCHEDULE 3 - DEVONPORT CITY COUNCIL BY-LAWS
SCHEDULE FOR RECREATION RESERVE AND NATURAL AREA RESERVE BY-LAW
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
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
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 |
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.
(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
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.
(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
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.
(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.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This order may be cited as the Local Government (Amendment of By-laws) Order 2009 .
2 Commencement
2 Commencement
This order takes effect on the day on which its making is notified in the Gazette.
3 Interpretation
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
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
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.
In short, the instrument standardises infringement notice mechanics across many Tasmanian council by‑laws by imposing model clauses that: confer issuance powers to authorised officers, apply the Monetary Penalties Enforcement Act 2005 machinery, permit vehicle affixment service, and make unpaid infringement monies recoverable as a debt. It also inserts detailed offence lists with penalties (and, in some cases, reduced amounts for prompt payment) for a broad array of regulatory topics: environmental health, waste, water, roads/highways, parks and reserves, parking, street dining, hawkers, and others, across multiple named councils.
Main concepts
The order hinges on a small number of drafting constructs and policy levers that appear repeatedly in the schedules. These are the model provisions (Schedule 10 Parts 1-4) and the insertion of schedules of "Infringement Notice Offences" into each amended by‑law. Read together, the main concepts are:
Model infringement provisions. Schedule 10 supplies three varieties labelled 1A, 1B and 1C (Part 1 Divisions 1-3), and additional models 2A, 3A and 4 (Parts 2-4). Each model provision defines "specified offence" by reference to the schedule inserted into the relevant by‑law and then authorises an "authorised officer" to issue an infringement notice for that specified offence (e.g. model provision 1A(2)-(3)). The models are functionally similar but intended to be used where different schedule formats (e.g. penalty units alone, penalty units with reduced amounts in additional columns, or dollar amounts) are required. The Order substitutes the appropriate model provision into each by‑law being amended (see each Schedule Parts 1 tables).
Application of the Monetary Penalties Enforcement Act 2005. Each model provision expressly states that the Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under the by‑law (for instance model provision 1A(4), 1B(4), 1C(4), 2A(4), 3A(4)). That imports the MPE Act’s enforcement and recovery framework to local government infringement notices, rather than leaving recovery to purely local debt collection processes.
Service by affixment. The models authorise service of an infringement notice by affixing it to the vehicle allegedly used in the offence (see model provision 1A(5) and its equivalents). This is an operationally important service mechanism for parking and highways‑related offences.
Recovery as a debt. Model provision 4 (Schedule 10 Part 4) states that 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. This confirms civil debt recovery as a distinct, enforceable route for unpaid infringement notices.
Standardised offence schedules. Each council schedule added or replaced in the Order lists the clause reference, a short description of the offence, and a penalty specified either in penalty units or in dollar amounts. Many schedules include reduced penalty amounts if the notice is paid within a specified short window (commonly 14 days, sometimes 28 days), reflecting administrative incentives for early payment. For example, Devonport’s car parking schedule prescribes $50 with reduced amounts of $15 (pay within 14 days) and $30 (pay within 28 days) (Schedule 3 Part 3).
Delegated operational powers referenced in schedules. Numerous schedule items refer to directions by the General Manager or an "authorised officer", and require compliance with specifications (e.g. requirements for toilets on building sites, portable toilet emptying, backflow prevention on water services). Those entries create compliance obligations that depend on council directions and administrative instruments.
Collectively, these concepts create a portable and repeatable infringement regime that councils can operate with standard procedures and with the MPE Act’s enforcement toolkit.
Who it affects
The order affects two broad classes of actors: local government entities (the councils named in the schedules, the General Manager, and authorised officers) and the regulated public (residents, businesses, builders, traders, water users, park users, drivers and vehicle owners, hawkers, and licence holders).
Councils and council officers. The named councils are directly affected: Brighton, Derwent Valley, Devonport City, Glenorchy City, Kingborough, Latrobe, Northern Midlands, Waratah‑Wynyard, West Coast, and a range of by‑laws inside each council are amended (see Schedules 1-9). Councils must replace or supplement by‑law text, implement the model infringement procedures, and operate collection and enforcement under the Monetary Penalties Enforcement Act 2005, and use debt recovery where monies remain unpaid (model provision 4). The Order also repeatedly references the General Manager and "authorised officers" as decision points: many schedule items require compliance "to the satisfaction of the General Manager" or "as directed by an authorised officer". That places operational discretion and enforcement burden on council staff.
Individuals and residents. Members of the public who use council services or public spaces are affected across a wide set of ordinary conduct rules: e.g. occupying caravan sites (Brighton Schedule 2, clauses 6(1), 9), keeping animals (Glenorchy Schedule 2 and others), depositing refuse or failing to secure refuse containers, lighting fires, camping, entering closed reserves and parks, bringing animals into public reserves, and contravening parking restrictions.
Trades and businesses. The order amends provisions that affect businesses that operate in or interact with public infrastructure: builders (multiple councils’ building site sanitation entries), commercial water carriers (Derwent Valley Schedule 4 Part 4 , water by‑law: clause 6(2) lists 1.5 penalty units for taking water other than from designated standpipe), waste management contractors and users at disposal facilities (many waste management schedules with specific depositional and hours restrictions), street dining licensees and restaurants that use public realm (West Coast Schedule 9 Part 5,street dining penalties), hawkers and itinerant vendors (West Coast, Latrobe, and others have updated hawker/hawking regimes), parking operators and motorists (multiple councils’ parking schedules list prescribed penalties and reduced payment windows).
Owners and occupiers of land. Several entries impose duties on landowners or occupiers: to keep premises free from filth (Brighton Environmental Health Schedule 2 Items 11), to maintain incinerators or not to burn prohibited materials, to ensure animal enclosures are sanitary, and to comply with notice requirements (e.g. water/sewer notices in Northern Midlands Schedule 7 Part 7).
Vehicle owners/operators. Many schedules concern parking and highway offences; the model provisions permit service by affixment to the vehicle and some schedules set penalties that are expressed in dollar amounts (Devonport and West Coast), while others use penalty units. Drivers are also exposed to higher penalty units for obstructing authorised officers or impersonating authorised officers (Derwent Valley water by‑law Schedule 4 lists 5 penalty units for assaulting, delaying, obstructing an authorised officer , see Part 4).
Licence and permit holders. The inserted schedules include numerous offences for failing to hold or comply with licence or permit conditions (e.g. Glenorchy Animal Management Schedule 2: fail to comply with licence conditions 2 penalty units; Kingborough Health and Environmental Services: failure to have permits for animals or caravans etc). These entries mean permit holders face infringement penalties for non‑compliance.
Who pays, who decides, who changes behaviour: the payer is the person who receives an infringement notice and does not successfully contest it. The decision to issue infringement notices rests with "authorised officers" as defined within each by‑law and empowered by the model provisions. Behavioural effects are designed by the councils’ selection of offences and penalty scale: low‑value, frequent offences often carry low penalty units (0.25-1), with higher units reserved for pollution, trade waste, unauthorised construction or dangerous conduct (5-10 penalty units in some water/sewer entries).
Key duties and rights
The order inserts duties, enforcement powers and recovery mechanisms. The primary duties and rights created or clarified by the substituted provisions and schedules are:
Duties imposed on regulated persons (sampled and grounded in the schedules):
To obey directions of authorised officers. Model provisions (e.g. 1A(3)(a)) authorise issuing officers; numerous schedule entries require compliance with authorised officer directions (see Derwent Valley Waste Management Schedule 1 entries 7(1), 12(5); Glenorchy Environment and Health Schedule entries such as 48(b)). Failure to obey is an offence present across multiple schedules.
To secure refuse and comply with waste facility rules. For example, Kingborough Health and Environmental Services Schedule 1 includes deposit timings and direction obedience (items 3(1), 4(3)).
To hold and comply with licences and permits. Several entries penalise operating without licence or breaching licence conditions (Glenorchy Schedule 2 items 5(9) and 5(10); Northern Midlands water/sewer schedules require trade waste permit notification and set penalties for non‑compliance with permit limits).
To follow specified technical requirements where listed by General Manager or in by‑law (e.g. builder toilet provision and portable toilet emptying requirements are the subject of multiple schedule entries across councils; see Brighton Environmental Health Schedule 2 items 13-20).
Rights and procedural features created or preserved:
The authorised officer’s power to issue infringement notices is set out in each model provision (for example model provision 1A(3)(a) and equivalent variants). That is a delegated enforcement power, exercised at council level.
Service methods. Model provisions allow service by affixing an infringement notice to the vehicle involved (model provision 1A(5)). The model provisions also permit issuance of a single infringement notice covering more than one specified offence (model provision 1A(3)(b)).
Reduced payment mechanisms. Several schedules provide reduced penalty amounts if the infringement is paid to the council within specified windows (Devonport car parking Schedule 3 Part 3 gives reduced amounts for payment within 14 and 28 days; many others specify 14‑day reductions). Those are administrative rights/discounts for prompt payment, intended to encourage quicker resolution.
Enforcement and recovery rights:
Monetary Penalties Enforcement Act 2005 applies to infringement notices (each model provision includes this, e.g. model provision 1A(4)). That imports the MPE Act’s enforcement architecture and its procedures for registration and recovery, rather than keeping recovery solely in local procedures.
Model provision 4 formalises that monies payable under an infringement notice are a debt recoverable at law by the council (Schedule 10 Part 4). This provides councils a civil enforcement path if notice amounts are unpaid and not subject to an alternative enforcement remedy.
Delegations and internal discretion:
Many of the schedules refer to the General Manager or to authorised officers making specifications (for example, building site sanitation in multiple councils refers to the General Manager’s specifications about type and location of toilets, emptying frequency, satisfaction standards). Those entries create operational discretion for local administration in setting and enforcing technical details.
No right of appeal or contest procedure is specified in the order itself; the order imports the MPE Act for enforcement, which will contain any statutory review and enforcement mechanics. The order does not provide any new criminal procedure beyond the infringement notice regime and the confirmation that unpaid amounts are recoverable as a debt.
Penalties and enforcement
The Order prescribes a multiplicity of penalty levels, recovery mechanisms and enforcement methods. The schedule structure and the model provisions together create both the substantive penalties and the procedural regime for enforcement.
Penalty types and scales:
Penalties are expressed in two principal ways in the schedules: penalty units and dollar amounts. Many councils' inserted schedules list penalty units (for example, Glenorchy Animal Management Schedule 2 lists many offences at 2 penalty units; Northern Midlands water/sewer entries include 10 penalty units for certain trade waste discharges). Other councils use dollar amounts for parking offences (Devonport car parking Schedule 3 Part 3 lists $50 with reduced $15 and $30 amounts; West Coast parking Schedule 9 Part 4 lists $50 reduced to $8 within 14 days and $20 within 28 days). Users and enforcement officers must read the relevant schedule in that council’s by‑law for the precise denomination.
Reduced payment mechanics. Several schedules offer reduced penalties if the notice is paid quickly (typically within 14 days, sometimes within 28 days). Model provision 2A and 3A expressly anticipate schedules with multiple columns allowing reduced amounts (see Schedule 10 Part 2 and Part 3). For example, Devonport’s parking schedule sets a $50 base penalty, reduced to $15 if paid within 14 days, and $30 if paid within 28 days (Schedule 3 Part 3).
High‑value penalties for environmental and trade waste breaches. Some entries set materially larger penalties where environmental harm or trade waste non‑compliance is at stake, e.g. Northern Midlands water/sewer entries set 10 penalty units for discharge to sewer exceeding permitted limits (Schedule 7 Part 7), and Glenorchy’s water/sewer schedules include penalties up to 10 for significant interference or pollution.
Enforcement powers and procedures:
Authorised officers may issue infringement notices. Each model provision authorises an authorised officer to issue an infringement notice where that officer has reason to believe the person is guilty of a specified offence (model provisions e.g. 1A(3)(a)). They may issue a single notice for multiple offences (model provisions e.g. 1A(3)(b)).
Application of the Monetary Penalties Enforcement Act 2005. The models apply the MPE Act to infringement notices (model provision 1A(4) and equivalents). This means the MPE Act’s registration, enforcement and recovery mechanisms are available. The order does not reproduce any part of the MPE Act; it simply imports it by reference.
Service and technicalities. The models allow service by affixing the notice to a vehicle in vehicle‑related cases (model provision 1A(5)). This method affects practical enforcement logistics for parking and highway offences.
Recovery as a debt. Model provision 4 makes monies payable under an infringement notice recoverable as a debt (Schedule 10 Part 4). That gives councils a civil enforcement route, permitting legal recovery actions if administrative enforcement under the MPE Act is not pursued or is exhausted.
Operational enforcement consequences:
The combination of authorised officer discretion, short statutory payment windows for reduced amounts, and the debt recovery clause produces an enforcement pathway that can produce rapid collection if notices are paid promptly, but also escalate to civil debt recovery where payment is not made.
The order creates a uniform mechanism that enables councils to issue many low‑value infringement notices without commencing criminal prosecutions, relying instead on the civil/administrative infringement model.
Constraints visible in the text:
The Order does not itself create criminal procedures or specify appeal mechanisms; rather, these will be governed by the Monetary Penalties Enforcement Act 2005 and by the substantive by‑law regimes into which the models are inserted. The text supplies no internal council‑level appeal or review process for infringement notices; councils must rely on the statutory frameworks they have imported.
How it interacts with other laws
The Order expressly interacts with and imports external statutory frameworks and also references other Acts in the schedules. The principal interactions in the source text are:
Monetary Penalties Enforcement Act 2005. Each model provision (Schedule 10 Parts 1-3) states that the Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under the by‑law (for example, model provision 1A(4)). That imports the MPE Act’s enforcement architecture and any statutory processes it contains for registration, payment, enforcement, enforcement notices, sanctions for non‑payment and possibly the court or administrative pathways the MPE Act prescribes. The Order thereby shifts enforcement and recovery from purely council processes to the MPE Act’s machinery.
Local Government (Highways) Act 1982. Several schedules (for example Devonport Car Parking clause 15 in Schedule 3 Part 2; Waratah‑Wynyard and West Coast parking clauses) include prescribed penalties for parking offences under the Local Government (Highways) Act 1982, with the prescribed penalty set either in penalty units or in dollar amounts (see multiple schedules where clause text cites section 100(4) of the Local Government (Highways) Act 1982). The Order therefore implements locally prescribed penalties for highway parking offences by reference to that Act.
Rules Publication Act 1953. The final line notes the display and numbering comply with the Rules Publication Act 1953. This is a formal publishing requirement for statutory instruments.
By‑law cross‑references and delegated administrative instruments. The various schedules frequently reference directions of the "General Manager" and actions of "authorised officers". Those references mean by‑law obligations will be operationalised through internal council instruments, policy directions and delegations. The Order itself does not alter or create the substantive primary laws on water, waste, parks etc.; it modifies the enforcement modality in those by‑laws.
There are consequential legal dependencies and compliance steps implied by these interactions:
A council relying on the MPE Act must ensure its internal processes and authorised officer training align with the MPE Act’s requirements (the order imports the MPE Act but does not specify process).
Where the schedules prescribe dollar amounts for parking fines but the model provisions in other by‑laws express penalties in penalty units, councils must ensure internal consistency (the Order uses different models to match schedule formats , model 2A/3A cater for schedules with reduced amounts). Practitioners should take care to read the specific substituted clause and associated schedule for the precise legal instrument applicable.
The debt recovery provision (model provision 4) interacts with civil debt collection law and practice because it declares unpaid infringement amounts to be debts recoverable at law by the council; this co‑exists with the MPE Act remedies.
The Order does not amend the Monetary Penalties Enforcement Act 2005 or the Local Government (Highways) Act 1982; it uses those statutes as enforcement and cross‑reference anchors.
Amendment history
This instrument is an Order, not an Act, and its amendment history in the source is limited to the instrument itself. The text records:
Short title. The Order may be cited as the Local Government (Amendment of By‑laws) Order 2009 (s 1).
Commencement. The Order takes effect on the day its making is notified in the Gazette (s 2). The instrument was notified in the Gazette on 6 May 2009 (final lines).
Structure of amendments. The Order amends specified council by‑laws by omitting and substituting particular clauses and inserting new schedules. The pattern is: for each council in Schedules 1-9 the Order lists the by‑law(s) being amended in a table (Column 1: by‑law name; Column 2: the amendment). Most entries follow the formula of (i) omitting a clause and substituting one of the model provisions in Schedule 10, and (ii) inserting, in appropriate places, a new schedule containing the "Infringement Notice Offences" list.
Schedules created. The Order creates or replaces infringement schedules across many topic areas: environmental health, consumption of liquor in public places, waste management, water, car parking, reserves/parks/gardens, animal management, incinerators/backyard burning, environment and health services, roads/highways, water/sewers/drains, health and environmental services, parks/recreation/natural areas, highways, waste management, camping, cat management, hawkers, parking, street dining, refuse containers and removal, and others. These schedules are inserted directly into the relevant by‑laws of the named councils.
The instrument does not include subsequent amendments to itself within the provided text. It is administered by the Department of Premier and Cabinet (final line). There is no internal history of prior versions in the provided document: the Order as presented is the amending instrument effective from Gazette notification (6 May 2009).
For users researching the legislative history beyond the Order, the Order’s text indicates which individual by‑laws were previously gazetted (the tables often cite the original by‑law and gazettal date) and which clauses are being removed or substituted. The Order therefore operates as an updating instrument to those earlier by‑laws; the schedule rows provide the necessary cross‑references to the by‑laws being amended.
Litigation history
The Order itself contains no litigation history and names no judicial decisions. The instrument is a regulation amending local by‑laws; the text does not record any cases or court proceedings either challenging or interpreting its provisions. Where the text references other Acts (for example the Monetary Penalties Enforcement Act 2005 or the Local Government (Highways) Act 1982), those Acts may have associated litigation, but none is cited or summarised within this Order. Accordingly, from the source provided:
There are no cases or judicial authorities mentioned in the Order.
The Order does not set out any appeal, review or internal tribunal mechanism for challenged infringement notices; it imports the Monetary Penalties Enforcement Act 2005, which will contain the statutory enforcement and any review measures pertinent to infringement notices. The Order does not summarise or reproduce those review processes.
Practitioners seeking litigation history relevant to the operation of these amended by‑laws will need to consult case law under the Monetary Penalties Enforcement Act 2005, the Local Government (Highways) Act 1982 and the substantive by‑laws in question. The Order does not itself provide that material.
Gotchas
Several drafting and operational details in the Order are potential practical pitfalls for councils, authorised officers, regulated entities and advisers. Each of these is grounded directly in the source text.
Multiple model provisions and schedule formats. The Order uses different model provisions (1A, 1B, 1C, 2A, 3A) depending on the by‑law and the schedule format (penalty units versus dollar amounts, presence of reduced payment columns). Using the wrong model provision or failing to match the schedule columns to the model provision’s expectations would create inconsistencies. For example, model provision 1A refers to "Column 3 of Schedule 1" for penalty units, while model provision 2A expects penalties in Columns 3, 4 or 5 (as applicable) and contemplates reduced penalty amounts. Practitioners must check which model provision was substituted into their council’s by‑law and read the adjacent schedule inserted by the Order.
Currency versus penalty units. The Order contains schedules that use dollar amounts for parking fines (e.g. Devonport $50 with reduced $15/$30) and other schedules that use "penalty units" (e.g. many animal management and water/sewer offences). The model provisions import the Monetary Penalties Enforcement Act 2005, but the difference in denomination means enforcement staff must convert or apply the correct metric; ensuring administrative systems record the correct legal measure is essential.
Reduced payment windows are short and variable. Many schedules provide reduced amounts when paid within 14 days, some within 28 days, and some provide no reduction. Councils must ensure enforcement notices and payment systems correctly reflect these time limits to avoid administrative challenges and disputes about payment amounts. Model provision 2A and 3A were designed to accommodate schedules with such reduced amounts.
Service by affixture to vehicle. The model provisions permit service by affixing the infringement notice to the vehicle where a vehicle is involved (see model provision 1A(5)). That method is permitted in addition to other service methods. Enforcement officers must ensure the factual basis and proper execution for affixment service; failure to meet service requirements under the MPE Act could affect enforceability.
Delegated discretion to General Managers and authorised officers. Multiple schedule entries require compliance "to the satisfaction of the General Manager" or adherence to directions by authorised officers (for example portable toilet specifications, emptying schedules, and water meter requirements). Councils must have written policies and delegation records to support exercise of these powers; absence of written standards risks uneven enforcement and potential legal challenge.
Debt recovery overlay. Model provision 4 makes monies payable under an infringement notice recoverable as a debt at law. Councils must decide operationally whether to pursue MPE Act enforcement mechanisms, conventional debt recovery litigation, or a mixture. This requires coordination with council revenue collection and legal teams.
Inconsistent penalty severity across councils. The Order produces different penalty amounts across councils for similar offences (for example variations in parking penalty amounts and reductions between Devonport, West Coast, Waratah‑Wynyard and others). The practical effect is that a motorist or business’s exposure depends on the council area. That can create confusion for itinerant businesses, motorists, and compliance advisers.
No appeal mechanism set out in the Order. The instrument imports the MPE Act for enforcement but does not itself set out appeal or review rights. Practitioners and regulated parties must look beyond the Order to the MPE Act and to the particular by‑law for dispute and review processes.
Operational integration required. Incorporating model procedures and the MPE Act into council systems requires training, IT changes (to record penalties, reduced payment windows, and to flag enforcement matters), and clear public communication. The Order does not prescribe those implementation steps.
Cross‑referenced statutes remain operative. The Order leaves intact the substantive obligations in the underlying by‑laws and in cross‑referenced statutes (for example Local Government (Highways) Act 1982). Enforcement under the amended by‑laws therefore sits alongside existing responsibilities under other Acts.
These are concrete compliance and drafting issues that flow from the text; each should be checked against the specific by‑law text amended in the relevant schedule.
How to comply
For councils (administration and authorised officers)
Confirm which model provision has been substituted into each by‑law. The Order’s Schedule for each council specifies which model provision replaces which clause (e.g. Brighton Environmental Health: omit clause 43 and substitute model provision 1B as clause 43 and model provision 4 as clause 44). Make sure the by‑law text published and available to the public matches the substituted model provision and the newly inserted schedule.
Align enforcement and revenue systems with the Monetary Penalties Enforcement Act 2005. Each model provision imports the MPE Act (for instance model provision 1A(4)). Councils must ensure their enforcement processes, notice formats, payment processing, registration of unpaid penalties, and debt recovery steps follow the MPE Act’s administrative and legal requirements. This includes staff training on MPE Act mechanics and timelines.
Update notice templates and service processes. Because the model provisions permit service by affixing notices to vehicles in vehicle‑related offences (model provision 1A(5)), ensure templates and affixment procedures are lawful, recordable and comply with MPE Act requirements for notice content, timeframes and evidence of service.
Implement clear internal policies for General Manager and authorised officer directions. Many schedule entries depend on the General Manager’s specifications (for example building site sanitation items across multiple schedules). Prepare written specifications and guidance for authorised officers so that what constitutes compliance "to the satisfaction of the General Manager" or "as directed" is clear, consistent, and defensible.
Configure payment systems for reduced amounts and time windows. Several schedules offer reduced amounts for payment within 14 or 28 days (e.g. Devonport parking $50 reduced to $15 within 14 days, $30 within 28 days). Enforcement staff must ensure notices display the correct amounts and payment systems automatically apply reductions when applicable.
Record and publicise the amended by‑law text and schedules. Public notice obligations require the by‑laws be accessible and clear about which offences attract infringement notices and the applicable penalties. Update signage, web pages, printed leaflets and information for licence/permit applicants.
Ensure debt recovery capacity. Model provision 4 confirms unpaid monies are recoverable as a debt at law. Councils should decide when to escalate non‑payment to legal recovery and ensure their legal team or contracted debt recovery agents understand the interplay between MPE Act enforcement and debt recovery litigation.
Maintain consistent offence coding and reporting. To avoid disputes and administrative error, establish clear offence codes, electronic records of notices issued, and audit trails showing authorised officer basis for issuance and proof of service.
For regulated individuals and businesses
Check the relevant council and by‑law schedule. The Order amends different by‑laws across councils and the precise offence list and penalty will differ by council and by topic. Read the by‑law and its inserted schedule for the council area where you operate or reside. Note whether the penalty is in penalty units or in dollars and whether there is a reduced payment window.
Respond promptly to infringement notices to capture reduced payment amounts. Many schedules offer reduced amounts for early payment (commonly within 14 days). If the notice does not appear contestable, paying within the reduction window will lower cost.
Where a licence or permit is required, ensure ongoing compliance with permit conditions and with directions of authorised officers/General Manager. Several offences are framed around breaches of licence/permit terms (animal management, street dining, building site sanitation). Maintain records of compliance and any written approvals that validate practices.
Maintain proof of service exceptions where service was by affixment to a vehicle. If you receive an infringement notice affixed to a vehicle, note the time and circumstances and preserve evidence if you intend to contest service or the substance of the allegation.
For businesses in multiple council areas, note variation in penalties. The Order results in differing penalties across councils; ensure multi‑site operators adapt practices to local rules and signage.
When in doubt about the legality or validity of a notice, seek advice promptly. The Order does not set out appeal processes; those will be found by reference to the MPE Act and the by‑law. Time limits in the MPE Act and rules for contesting infringement notices are likely to apply.
Administrative checklists (practical, grounded in the Order)
Councils: confirm substitution entries in the Order, republish consolidated by‑laws, ensure authorised officer delegations are up to date, train staff on MPE Act enforcement, and implement debt recovery policy consistent with model provision 4.
Regulated parties: locate the by‑law schedule relevant to the offence (Schedules 1-9 specify each council’s amendments), check penalty denomination and reduced payment terms, and maintain documentary compliance with council specifications and permits.
The order centralises the infringement notice mechanism and pairs it with the MPE Act enforcement framework; compliance therefore requires attention to both local by‑law content (the specific scheduled offence and penalty) and to the MPE Act processes imported by the model provisions.
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
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
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
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
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
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
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 SCHEDULE 1 - BRIGHTON COUNCIL BY-LAWS
SCHEDULE 1 - BRIGHTON COUNCIL SCHEDULE 1 - BRIGHTON COUNCIL BY-LAWS
Clause 4
Part 1 AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS
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
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 CO SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS
SCHEDULE 2 - DERWENT VALLEY CO SCHEDULE 2 - DERWENT VALLEY COUNCIL BY-LAWS
Clause 5
Part 1 AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS
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
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
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
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 |
This is an opening excerpt, not the complete document.