LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2008 - SCHEDULE 7

SCHEDULE 7 - Launceston City Council By-laws

Clause 10

PART 1 - Amendments to Infringement Notice Provisions

Column 1	Column 2
By-law	Amendment
Private Works on Roads
By-law No. 2 of 2000 ( Gazetted on 10 May 2000)	1. Omit clauses 5(2) and (3), 9(2) and (3), 11(2) and (3), and 12(2) and (3).
	2. Omit clause 20 and substitute model provision 1A as clause 20.
	3. After clause 20, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1
Trade Waste
By-law No. 5 of 2004 ( Gazetted on 28 September 2005)	1. Omit clauses 4(2) and (3), and 6(2) and (3).
	2. Omit clause 8 and substitute model provision 1A as clause 8.
	3. After clause 8, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.
York Park Stadium
By-law No. 6 of 2007 ( Gazetted on 23 May 2007)	1. Omit clauses 4(3) and (4), 6(2) and (3), 8(2) and (3), 9(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), 17(2) and (3), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(3) and (4), 24(2) and (3), and 27(2) and (3).
	2. Omit clause 28, and substitute model provision 1B as clause 28.
	3. After Schedule 1, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 2.
Kerbside Collection Services
By-law No. 8 of 2003 ( Gazetted on 24 November 2004)	1. Omit clauses 5(3) and (4), 6(2) and (3), 7(2) and (3), 9(2) and (3), 10(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(4) and (5), 15(2) and (3), 16(2) and (3), 17(6) and (7), 18(2) and (3), 19(2) and (3), 20(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(2) and (3), and 30(2) and 30(3).
	2. Omit clause 32 and substitute model provision 1A as clause 32.
	3. After clause 32, insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.
Prevention of Outdoor Burning
By-law No. 9 of 2007 ( Gazetted on 18 July 2007)	1. Omit clauses 5(2) and (3) and 6(4) and (5).
	2. Omit clause 11 and substitute model provision 1A as clause 11.
	3. After clause 11, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.
Swimming Centres
By-law No. 14 of 1998 ( Gazetted on 3 March 1999)	1. Omit clauses 5(2), 5(3), 8(3), 8(4), 10(2), 10(3), 11(2), 11(3), 12(2), 12(3), 13(2), 13(3), 14(2), 14(3), 15(2), 15(3), 16(2), 16(3), 17(2), 17(3), 18(2), 18(3), 19(2), 19(3), 20(2), 20(3), 21(2), 21(3), 22(2), 22(3), 23(2), 23(3), 24(2), 24(3), 25(2), 25(3), 26(2), 26(3), 27(2), 27(3), 28(2), 28(3), 29(3), 29(4).
	2. Omit clause 31 and substitute model provision 1A as clause 31.
	3. After clause 31, insert the proposed schedule set out in Part 7 of this Schedule as Schedule 1.
Building Site Sanitation
By-law No. 15 of 1999 ( Gazetted on 16 June 1999)	1. Omit clauses 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 10(2) and (3), 12(2) and (3), 13(3) and (4), and 14(2) and (3).
	2. Omit clause 15 and substitute model provision 1A as clause 15.
	3. After clause 15, insert the proposed schedule set out in Part 8 of this Schedule as Schedule 1.
Cemeteries
By-law No. 16 of 1998 ( Gazetted on 16 September 1998)	1. Omit clauses 17(2) and (3), 18(2) and (3), 21(2) and (3), 22(2) and (3), 23(2) and (3), 24(2) and (3), 27(2) and (3), 28(2) and (3), 31(2) and (3), 37(2) and (3), 40(2) and (3), 41(2) and (3), 42(2) and (3), 43(2) and (3), 44(2) and (3), 45(2) and (3), 46(2) and (3), 47(2) and (3), 48(2) and (3), 49(2) and (3), and 50(2) and (3).
	2. Omit clause 53 and substitute model provision 1A as clause 53.
	3. After clause 53, insert the proposed schedule set out in Part 9 of this Schedule as Schedule 1.
Refuse Disposal Areas
By-law No. 21 of 2004 ( Gazetted on 6 April 2005)	1. Omit clauses 4(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(2) and (3), 10(2) and (3), 11(2) and (3), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), and 17(2) and (3).
	2. Omit clause 21 and substitute model provision 1A as clause 21.
	3. After clause 21, insert the proposed schedule set out in Part 10 of this Schedule as Schedule 1.
Flood Protection Works
By-law No. 23 of 2001 ( Gazetted on 16 January 2002)	1. Omit clauses 4(2) and (3), 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), and 9(2) and (3).
	2. Omit clause 11 and substitute model provision 1A as clause 11.
	3. After clause 12, insert the proposed schedule set out in Part 11 of this Schedule as Schedule 1.
Parking
By-law No. 24 of 2003 ( Gazetted on 4 June 2003)	1. In the long title, omit "compositions" and substitute “infringement notice penalties”.
	2. Omit clauses 4(2) and (3), 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(3) and (4), 9(2) and (3), 10(3) and (4), 11(2) and (3), 12(2) and (3), 13(3) and (4), 14(2) and (3), 15(2) and (3), 17(3) and (4), 20(2) and (3), and 21(3) and (4).
	3. Omit clauses 27 and 28 and substitute model provision 2A as clause 27 and the proposed clause set out in Part 13 of this Schedule as clause 28.
	4. After clause 28, insert the proposed schedule set out in Part 12 of this Schedule as Schedule 1.

PART 2 - Schedule for Private Works on Roads By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
5	Unauthorised works	1
9	Fail to change ownership	1
11	Fail to use appropriate crossing	1
12	Leave material on roads	1

PART 3 - Schedule for Trade Waste By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
4	Discharge trade waste without authorisation	8
6	Abuse an authorised officer	1

PART 4 - Schedule for York Park Stadium By-law

Schedule 2 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
4	Remaining in York Park Stadium when closed	0.5
6	Conducting a function without permission	0.5
8	Disorderly conduct	1
9	Climbing trees and other objects	0.5
11	Wilful breakage of glass	0.5
12	Participate in organised sport without permission	0.5
13	Organise or participate in preaching or concerts without permission	0.5
14	Collecting money without permission	0.5
15	Erecting structure without permission	1
16	Erecting sign without permission	0.5
17	Allowing animals in York Park Stadium without permission	0.5
18	Damaging Council property	1
19	Interference with items	1
20	Lighting a fire without permission	1
21	Defacing property without permission	1
22	Using skates and cycles	0.5
23	Parking when York Park Stadium is closed	0.5
24	Entering and leaving parking area by inappropriate access point	0.2
27	Abusing an authorised officer	1

PART 5 - Schedule for Kerbside Collection Services By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
5	Fail to use central collection area prepaid bags	0.5
6	Exceeding weight limit for central collection area prepaid bag	0.5
7	Placing pre-paid bags too early prior to collection	0.5
9	Fail to wrap certain materials in pre-paid bags	0.5
10	Place excluded material in a pre-paid bag	5
11	Place dangerous materials in a pre-paid bag	5
12	Fail to secure pre-paid bags	0.5
13	Fail to remove material spilt from pre-paid bag	0.5
14	Using non-complying mobile garbage bins and crates	1
15	Exceeding weight limit for mobile garbage bin	0.5
16	Placing mobile garbage bin too early prior to collection	0.5
17	Fail to properly place mobile garbage bin or crate	1
18	Fail to remove mobile garbage bin or crate	0.2
19	Use of private mobile garbage bins	5
20	Placement of dangerous materials in mobile garbage bin or crate	5
21	Placing contaminating materials with recyclables	1
22	Littering	10
23	Improper use of litter bin	1
24	Misuse mobile garbage bin or crate	1
25	Theft of mobile garbage bin or crate	1
26	Theft of recyclable materials from the kerbside	1
27	Causing a nuisance with mobile garbage bin or crate	1
30	Abuse an authorised officer	1

PART 6 - Schedule for Prevention of Outdoor Burning By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
5	Prohibition	2
6	Power to extinguish	1

PART 7 - Schedule for Swimming Centres By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
5	Failure to pay fee	0.5
8	Use of pool when closed	0.5
10	Allowing dog or other animal in a centre	0.2
11	Possession of objects likely to injure	0.5
12	Possession or consumption of liquor	0.5
13	Improper use of change rooms	0.5
14	Loitering	0.5
15	Failure to wear appropriate clothes	0.5
16	Failure to shower on request	0.5
17	Running in a centre	0.5
18	Causing damage to council property	0.5
19	Climbing on structures	0.5
20	Introduction of polluting substances into pool	0.5
21	Pollution of pool or shower	0.5
22	Disorderly conduct	0.5
23	Improper use of slidewinder	0.5
24	Distribution of advertisement	0.5
25	Abusing an authorised officer	1
26	Parking in a no parking zone	0.5
27	Coaching without permission	0.5
28	Failure to return locker keys	0.5
29	Entry when admission refused	0.5

PART 8 - Schedule for Building Site Sanitation By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
5	Failure to provide sanitary services at a building site	1
6	Failure to seek approval	0.5
7	Failure to provide sufficient sanitation devices	0.5
8	Failure to comply with direction as to location of sanitary devices	1
10	Failure to locate sanitary devices to allow routine servicing	0.5
12	Failure to comply with directions	0.5
13	Failure to empty portable toilet	0.5
14	Failure to keep sanitary services clean	0.5

PART 9 - Schedule for Cemeteries By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
17	Erection of a monument on a common site	1
18	Failure to keep in good repair	1
21	Erection of unauthorised structure	2
22	Failure to comply with fence construction standards	1
23	Construction of monument when not qualified or experienced	1
24	Construction outside designated hours	1
27	Unauthorised placement of construction equipment	0.5
28	Failure to reinstate area after construction	0.5
31	Placement of more than one vase	0.2
37	Operation of crematorium equipment without permission	5
40	Planting of trees, shrubs or plants without permission	0.5
41	Possession of animal in a cemetery	0.5
42	Disorderly conduct	0.5
43	Causing a nuisance	0.5
44	Damaging objects placed on grave sites	1
45	Damaging objects in a cemetery	1
46	Distribution of advertisement in a cemetery	0.5
47	Conducting a trade, business or calling without permission	0.5
48	Damaging council property in a cemetery	1
49	Driving other than as directed in a cemetery	0.5
50	Use of small wheeled devices other than on paths provided	0.5

PART 10 - Schedule for Refuse Disposal Areas By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
4	Failure to pay fee	0.5
6	Removal of wood without permission	0.5
7	Unauthorised entry	0.5
8	Dumping of refuse outside boundaries of refuse disposal area	0.5
9	Lighting of fires without permission	1
10	Disposal of dangerous materials	1
11	Disposal of hazardous waste	1
12	Failure to secure material	0.5
13	Damaging council property	1
14	Permitting animals to be at large in certain areas	0.5
15	Scavenging without authority	1
16	Failure to secure load	0.5
17	Failure to comply with direction	0.5

PART 11 - Schedule for Flood Protection Works By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	OFFENCE	PENALTY
	GENERAL DESCRIPTION OF OFFENCE	(Penalty units)
4	Damage to flood protection works	2
5	Alteration of level of flood protection works	2
6	Erection of structures on flood protection works without permission	2
7	Interference with flood protection works	2
8	Obstruction of access to flood protection works	2
9	Failure to obtain permission to carryout out certain activities near flood protection works	2

PART 12 - Schedule for Parking By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3	Column 4	Column 5
Clause	General Description of Offence	Penalty (Penalty unit unless $ amount specified)	Reduced penalty if paid to Council within 14 days from date of service of Infringement Notice	Reduced penalty if paid to Council after 14 days but within 28 days from date of service of Infringement Notice
4	Failure to use designated access point to parking area	$50	$10	$20
5	Exceeding speed limit in parking area	0.5
6	Parking outside designated area	$50	$10	$20
7	Failure to pay parking fee	$50	$10	$20
8	Failure to display current parking voucher	$50	$10	$20
9	Parking longer than the maximum period	$50	$10	$20
10	Parking in a reserved space without authorisation	$50	$10	$20
11	Damaging equipment in a parking area	0.5
12	Unauthorised removal of infringement notice	0.5
13	Washing, dismantling, repairing vehicle without consent	0.5
14	Skidding of vehicles	0.5
15	Distributing advertisement without consent	0.5
17	Defacing Council property without consent	0.5
20	Obstructing vehicle or foot traffic	0.5
21	Using skates and cycles in a parking area	0.5

PART 13 - Clause for Parking By-law

28. Prescribed penalties for parking offences under the Local Government (Highways) Act 1982
For the purposes of section 100(4) of the Local Government (Highways) Act 1982, the prescribed penalty for an infringement notice issued for an offence under section 97 , 98 or 99 of that Act is the applicable sum specified adjacent to the offence in the following table:

Section
Description of
Offence
Penalty (Dollar amount)
Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice
Reduced penalty if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice
Section 97(1)(a)(i)
Remaining parked whilst meter not running
$50
$10
$20
Section 97(1)(a)(ii)
Exceeding maximum period on parking meter
$50
$15
$25
Section 97(1)(b)(i)
Parking without parking voucher displayed
$50
$10
$20
Section 97(1)(b)(ii)
Parking longer than authorised by a parking voucher
$50
$10
$20
Section 97(1)(c)
Parking more than one motor vehicle in a space
$50
$10
$20
Section 97(1)(d)
Parking a motor vehicle partly inside and partly outside a space
$50
$10
$20
Section 98
Obstructing use of parking space
$50
$10
$20
Section 99
Parking whilst space closed
$50
$10
$20

Section	Description of Offence	Penalty (Dollar amount)	Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice	Reduced penalty if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice
Section 97(1)(a)(i)	Remaining parked whilst meter not running	$50	$10	$20
Section 97(1)(a)(ii)	Exceeding maximum period on parking meter	$50	$15	$25
Section 97(1)(b)(i)	Parking without parking voucher displayed	$50	$10	$20
Section 97(1)(b)(ii)	Parking longer than authorised by a parking voucher	$50	$10	$20
Section 97(1)(c)	Parking more than one motor vehicle in a space	$50	$10	$20
Section 97(1)(d)	Parking a motor vehicle partly inside and partly outside a space	$50	$10	$20
Section 98	Obstructing use of parking space	$50	$10	$20
Section 99	Parking whilst space closed	$50	$10	$20

Tasmanian Consolidated Regulations

LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2008 - SCHEDULE 7