Tasmanian Consolidated Regulations

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LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2008 - SCHEDULE 3

- Clarence City Council By-laws
SCHEDULE 3 - Clarence City Council By-laws

Clause 6

PART 1 - Amendments to Infringement Notice Provisions

Column 1

Column 2

By-law

Amendment

Local Highways Standard Requirements

 

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

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

 

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

Public Places and Permits

 

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

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

 

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

Refuse Storage, Collection and Disposal

 

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

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

 

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

Services

 

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

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

 

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

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

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

25

Construct a crossing without a permit

3

31(1)

Drive over footpath, kerb or gutter without authorisation

3

31(2)

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

3

31(4)

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

3

32(1)

Carry out works on a road without a permit

3

34(4)

Fail to comply with conditions of a permit and relevant notices

3 (and 1 for each day the offence continues)

34(5)

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

3 (and 1 for each day the offence continues)

42

Fail to comply with a notice issued under the bylaw

3

46

Fail to provide name

1

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

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(1)(c)

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

1

5(2)

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

15

6

Charge admission to a public place without permission

3

7(1)

Interfere or damage any plant

1

7(2)

Fail to comply with directions supervising vehicles, caravans and cycles

.5

7(3)

Light fires without consent

3

7(4)

Excavate and remove earth gravel or other like material

1

7(5)

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

1

7(6)

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

.5

7(7)

Damage, remove, disfigure anything in a public place

1

7(8)

Deface or graffiti anything in a public place

1

7(9)

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

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

8

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

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

9

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

.5

10

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

.5

11

Play ballgames in a playground where not permitted

.5

12

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

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

13(1)(a)

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

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

13(1)(b)

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

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

13(1)(c)

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

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

13(1)(d)

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

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

13(1)(e)

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

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

21

Fail to comply with a notice or direction

.5

25

Fail to provide name

1

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

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(2)

Fail to comply with notices

2

6(1)(a)

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

.5

6(1)(b)

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

.5

6(1)(c)

Fail to keep a domestic refuse container in a sanitary condition

.5

6(1)(d)

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

.5

6(1)(e)

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

.5

6(1)(f)(i)

Place hot or burning matter in a domestic refuse container

.5

6(1)(f)(ii)

Place garden material in a domestic refuse container

.5

6(1)(f)(iii)

Place liquid waste in a domestic refuse container

.5

6(1)(f)(iv)

Place gases or vapours in a domestic refuse container

.5

6(1)(f)(v)

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

.5

7(1)

Fail to convey refuse in a sealed container or effectively covered

1

7(2)(i)

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

1

7(2)(ii)

Fail to prevent emission of offensive odours when carrying refuse containers

1

7(2)(iii)

Fail to prevent the carrying of refuse creating a nuisance

1

11

Fail to provide name

1

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

Column 1

Column 2

Column 3

CLAUSE

OFFENCE

PENALTY

 

GENERAL DESCRIPTION OF OFFENCE

(Penalty units)

5(2)

Fail to comply with notices

2

6(2)

Discharging into a sewerage system contrary to a special connection permit

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

7

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

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

9(2)

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

.5

11

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

.5

12(2)

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

1.5

13

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

1.5

15(1)

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

1.5

15(2)

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

1.5

17(1)

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

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

17(2)

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

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

23

Fail to provide name

1



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