Tasmanian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2009 - SCHEDULE 5

- KINGBOROUGH COUNCIL BY-LAWS
SCHEDULE 5 - KINGBOROUGH COUNCIL BY-LAWS

Clause 8

PART 1 - AMENDMENTS TO INFRINGEMENT NOTICE PROVISIONS

Column 1

Column 2

By-law

Amendment

Health and Environmental Services

 

By-law No.4 of 2001 ( Gazetted on 19 September 2001)

1. Omit clause 50 and substitute model provision 1A as clause 50 and model provision 4 as clause 51 .

 

2. After clause 51 insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.

Parks, Recreation and Natural Areas

 

By-law No.3 of 2001 ( Gazetted on 19 September 2001)

1. Omit clause 52 and substitute model provision 1A as clause 52 and model provision 4 as clause 53 .

 

2. After clause 53 insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.

Roads

 

By-law No.2 of 2001 ( Gazetted on 19 September 2001)

1. Omit clause 45 and substitute model provision 1A as clause 45 and model provision 4 as clause 45A.

 

2. After clause 46 insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.

Water, Sewers and Drains

 

By-law No.1 of 2001 ( Gazetted on 19 September 2001)

1. Omit clause 42 and substitute model provision 1A as clause 42 and model provision 4 as clause 43.

 

2. After clause 43 insert the proposed schedule set out in Part 5 of this Schedule as Schedule 1.

PART 2 - SCHEDULE FOR HEALTH AND ENVIRONMENTAL SERVICES BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

   

(Penalty units)

3(1)

Deposit, or allow person to deposit, refuse in or on disposal area other than on days and times fixed by Council

1

4(3)

Person depositing refuse at disposal area failing to obey reasonable direction by authorised officer in disposal area, or failing to obey direction on sign in disposal area

1

5(1)

Light fire, extend existing fire, or do other specified prohibited act in disposal area

1

7(1)

Carry, or cause to be carried, noxious matter on public highway unless in a way that prevents it from being accessed by flies or emitting offensive odours

1

8(9)

Person other than Council or its authorised contractor collecting recyclables placed in recycling crate for collection by Council

1

11(1)

Occupier of premises placing specified prohibited objects in mobile garbage bin placed for Council collection

2.5

12(1)

Keep horse or pig in stable or sty lot on property with area of less than 1 hectare without Council permit

1

14(1)

Keep animal in food premises or loose in paddock, yard or space having access to food premises

2.5

15(1)

Keep poultry within 12 metres of dwelling house or 2 metres of property boundary or allow poultry access to area within 12 metres of dwelling house

1

15(2)

Keep more than 6 poultry on property within residential zone without Council permit

1

16(1)

Occupier of premises where animal or poultry is kept failing to keep animal structures clean and sanitary or meet other specified requirements

2.5

17(1)

Builder failing to ensure sanitary accommodation is provided on building site or within 100 metres of site prior to commencement of site works

1

18(1)

Builder failing to provide specified number of toilets on building site

1

19(1)

Providing urinals on building site without written approval of General Manager

1

20(1)

Builder failing to comply with specification of General Manager about type of toilet or urinal to be provided on building site

1

21(1)

Builder failing to comply with direction of authorised officer about location of toilets or urinals

1

22(1)

Install on building site portable toilet not designed and installed in accordance with specified requirements

1

23(1)

Builder failing to ensure portable toilet emptied regularly, whenever required by General Manager, and in manner approved by General Manager

2.5

24(1)

Fail to clean and keep clean each toilet or urinal on building site to satisfaction of General Manager

1

26(1)

Light, or allow to be lit or remain alight, incinerator or open air fire, within residential zone, on fire-ban days or on other specified non-fire permit days and periods

1

27(1)

Install incinerator not constructed of suitable non-combustible material such as brick, concrete or metal and in accordance with applicable Australian Standards

1

28(1)

Owner or occupier failing to maintain incinerator in good repair and in manner that promotes efficient combustion

1

29(1)

Fail to fit incinerator with lid and/or approved spark arrester

1

30(1)

Position incinerator or open-air fire contrary to specified siting requirements

1

31(1)

Burn, or cause or allow to be burned, any matter in manner or to an extent which causes nuisance or is dangerous to health

1

31(2)

Person burning material in contravention of clause 31(1) failing to extinguish fire if instructed to do so by authorised officer

1

32(1)

Light or allow to be lit or remain alight incinerator unless garden hose connected to water supply, or other suitable means of extinguishment, is provided

1

33(1)

Burn in an incinerator rubber or plastic substance or other specified prohibited material

1

34(1)

Light or allow to be lit or remain alight incinerator on day on which total fire ban has been declared

10

35(1)

Light or allow to be lit or remain alight incinerator unless loaded in manner to promote efficient combustion with waste which is dry and not green

1

36(1)

Person burning material in contravention of Part 6 failing to extinguish fire if instructed to do so by authorised officer

1

37(1)

Use of domestic wood-burning appliance, including heaters and stoves, contrary to specified requirements

1

38(1)

Cut down, lop, ringbark, injure etc any tree with height or branch spread greater than specified, without written approval of General Manager, unless listed, applicable noxious weed

2

40(1)

Owner of land using, or allowing to be used, land to set up caravan for human occupation for more than 14 days a year without Council certificate of approval

2.5

43(1)

Occupy caravan unless the owner of the land holds valid permit

1

44(1)

Accept fee or reward for occupation of caravan on private property unless property is registered as caravan park

1

46(1)

Owner of land or occupier of all separately occupied premises failing to keep premises clean or allowing accumulation of refuse likely to create health risk or be unsightly

2.5

PART 3 - SCHEDULE FOR PARKS, RECREATION AND NATURAL AREAS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

   

(Penalty units)

3(1)

Cut, injure or destroy vegetation in park or recreation ground without permit

2.5

4(1)

Dig, cut or remove sod, turf, loam, sand etc in park or recreation ground without permit

2.5

5(1)

Take or possess wildlife products, or commit other specified prohibited act, in park or recreation ground without permit

2.5

6(1)

Permit horse or stock to be in, graze in or stray in park or recreation area without permit

1

7(1)

Drive vehicle or ride, lead or drive any horse in park except on constructed road authorised for such use, without permit

1

8(1)

Camp or set up caravan in park or recreation area without permit

1

9(1)

Carry or possess firearm, axe, hatchet etc in park or recreation area without permit

1

10(1)

Light or maintain fire in park or recreation area unless in designated place

10

11(1)

Fire or discharge firearm, or throw, fire or discharge missile, in park or recreation ground without permit

10

12(1)

Do any act which causes or is likely to cause damage or disfigurement to any park or recreation ground

5

13(1)

Do any act which unreasonably interferes or is likely to interfere with the peaceable use by the public of any park or recreation ground

1

14(1)

Enter park or recreation ground, or part of park or recreation ground, if closed or leased or hired to any other person, without permit

2.5

15(1)

Sell or offer for sale any goods, chattels or property in any park or recreation ground without permit

1

16(1)

Let for hire any goods, chattels or property in park or recreation ground without permit

1

17(1)

Place, build or set up any building etc in park or recreation ground without permit

2.5

18(1)

Conduct amusement or entertainment for financial reward in park or recreation area without permit

1

19(1)

Leave, or permit to remain, any structure or obstruction on any park or recreation area without permit

1

20(1)

Fail to comply with direction of authorised officer, or commit other specified prohibited act, in any place set apart by Council as children's playground

1

21(1)

Park or leave motor vehicle in park or recreation area, except within area set aside by Council as parking area, without permit

0.5

22(1)

Play or practise golf, or permit any person to play or practise golf on any park or recreation ground except where designated by Council for that purpose

1

23(1)

Use or operate television, radio, loudspeaker etc in such a way as to annoy other people wishing to use park or recreation area, without permit

1

24(1)

Remove, damage or disturb any object of architectural, archaeological etc interest in any park or recreational area without permit

10

25(1)

Erect, exhibit or display a notice, sign, bill poster or advertisement, or commit other specified prohibited act, in park or recreation area without permit

1

26(1)

Deposit dead body of creature or part of dead body of creature, or deposit polluting matter or thing, in park or recreation area

10

27(2)

Fail to obey reasonable direction from authorised officer

1

28(2)

Driver of vehicle failing to stop or comply with direction from authorised officer to stop

1

29(1)

Take or possess wildlife or products of wildlife or commit other specified prohibited act in natural area without permit

10

30(1)

Take growing or standing plant or commit other specified prohibited act in natural area without permit

2.5

31(1)

Owner or immediate keeper of horse or pony, cat, stock, rabbit, hare, ferret or rodent allowing animal to be or remain in natural area without permit

2.5

32(1)

Drive vehicle in natural area other than on road without permit

2.5

32(5)

Drive vehicle on road in natural area closed by barrier without permit

2.5

32(6)

Fail to comply with reasonable lawful direction of authorised officer under clause 32

1

32(7)

Land or launch aircraft in natural area without permit

5

32(8)

Drop article or thing from aircraft onto natural area or take aircraft over natural area for that purpose, without permit

5

33(3)

Fail to comply with prohibition or restriction in sign or notice displayed under clause 33(2)

2.5

33(5)

Fail to comply with reasonable lawful direction of authorised officer under clause 33

1

34(1)

Light fire in natural area unless in emergency or in designated fireplace and in careful manner for cooking or warmth, or unless authorised by permit

10

34(4)

Fail to comply with prohibition or restriction in sign or notice displayed under clause 34(3)

10

34(5)

Leave fire unattended or fail to take all reasonable steps to prevent fire from spreading where fire is lit in natural area pursuant to clause 34(2)

10

35(1)

Destroy, damage or deface building, fence, gate, notice or other work erected or placed in natural area

2.5

36(1)

Remove, damage or disturb object of architectural, archaeological etc interest in natural area without permit

10

37(1)

Erect building or structure (other than tent) without permit

2.5

38(1)

Erect, exhibit or display a notice, sign, bill poster or advertisement, or commit other specified prohibited act, in park, playground or natural area without permit

1

39(1)

Deposit dead body of creature or part of dead body of creature, or deposit polluting matter or thing

10

40(1)

Bring into or possess any noxious weed in natural area without permit

2.5

41(1)

Discharge missile or firearm or projectile in natural area without permit

10

42(2)

Fail to comply with direction of authorised officer under clause 42(1)

1

42(4)

Fail to comply with prohibition or restriction contained in sign or notice

1

43(1)

Use or operate television, radio, loudspeaker etc in such a way as to annoy other people wishing to use park or recreation ground, without permit

1

44(1)

Enter or remain in part of natural area to which public access is denied, without permit

2.5

PART 4 - SCHEDULE FOR ROADS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

   

(Penalty units)

3(1)

Occupy road without permit

0.5

5(1)

Place signboard on footpath in contravention of specified size and other restrictions

0.5

6(1)

Erect signage on road without permit

2.5

7(1)

Act as hawker without licence

1

8(1)

Act as itinerant purchaser without licence

1

9(1)

Act as roadside vendor without licence

1

10(1)

Act as roadside vendor on road unless land designated by Council for that purpose and person has requisite licences

0.5

11(1)

Set up stall on Council land, road or public place to sell wares or pursue business, without permit

1

12(1)

Park vehicle on road for purpose of advertising it for sale

0.5

13(1)

Deposit or drop material on road without written permission of General Manager

1

14(1)

Drive vehicle over road unless the wheels of vehicle have been cleaned of adhering material

1

15(1)

Drive on road a vehicle carrying material unless vehicle is constructed and equipped so material will not drop onto road or other public place

1

16(2)

Fail to comply with notice under clause 16(1) within specified time

1

17(1)

Construct or lay down bridge or crossing over gutter or footpath in any road without permission of General Manager

1

19(3)

Fail to comply with notice under clause 19(1) within specified time

0.5

20(1)

Fail to keep bridge or crossing in good repair to satisfaction of General Manager

1

21(3)

Fail to remove, repair or maintain bridge or crossing within time specified in notice under clause 21(1)

0.5

22(1)

Drive, or permit to be driven, vehicle as specified without requisite permit

1

22(2)

Drive, or permit to be driven, vehicle as specified

1

25(1)

Open up surface of road without permit

2.5

29(1)

Use road for placing or mixing concrete or other specified material without permit

2.5

29(2)

Place object on road for purposes of preventing or inhibiting parking, without permit

1

30(1)

Drive or propel any mechanically propelled vehicle as specified without meeting wheel requirements, unless authorised

2.5

31(1)

Park vehicle or trailer wholly or partly on footpath or nature strip without permit

1

32(1)

Place skip bin or waste collection bin on road without permit

1

32(3)

Park trailer including boat trailer on road without permit

0.5

33(1)

Wilfully destroy, cut, remove or injure tree or vegetation growing on road without permit

2.5

38(1)

Holder of licence issued under Part 8 failing to comply with licence terms and conditions

0.5

PART 5 - SCHEDULE FOR WATER, SEWERS & DRAINS BY-LAW
Schedule 1 - Infringement Notice Offences

Column 1

Column 2

Column 3

CLAUSE

GENERAL DESCRIPTION OF OFFENCE

PENALTY

   

(Penalty units)

3(1)

Open ground and expose a council sewer, water or stormwater main or branch or other statutory body’s service without written approval

5

3(2)

Open a highway and expose a council sewer, water or stormwater main or branch or other statutory body’s service without a permit

5

4(1)

Interfere with a council sewer, water or stormwater main or branch without written approval

5

5(1)

Construct a structure or carry out works that alter or interfere with a council sewer, water or stormwater main or branch without written approval

5

6(3)

Fail to comply with a notice under clause 6(1) within specified time

0.5

7(1)

Alter ground level in area of Council service or main without written approval

1

8(3)

Fail to comply with a notice to lay down water installation

1

9(1)

Connect to or interfere with water system without written approval

5

10(1)

Fail to comply with a notice to disconnect from shared water installation

1

12(1)

Fail to comply with a notice to install backflow prevention device

1.5

13(1)

Fail to use water through a meter when required

2.5

15(1)

Use water from Council's water supply to fill dam or non-potable water storage without written approval

2.5

16(1)

Use too much water or sell water from Council supply without approval

1

17(1)

Use fire protection equipment without written approval

1

18(2)

Use water in breach of applicable water restriction

1

18(3)

Use water in breach of water restrictions imposed as a result of a total fire ban

10

19(3)

Fail to rectify leak or wastage within time specified in notice under clause 19(2)

0.5

21(2)

Install more than one separate sewer branch per property without written approval

0.5

22(1)

Connect to or interfere with sewer system without consent

1

23(1)

Fail to comply with notice to disconnect from shared sewerage installation

1

26(1)

Discharge to sewer, waste that exceeds permitted limits

10

27(2)

Fail to comply with notice under clause 27(1) within time specified

1

29(2)

Trade waste permit holder fail to notify Council before change in process

1

30(1)

Trade waste discharger fail to notify Council of change of ownership or occupancy

1.5

32(1)

Trade waste permit holder exceed trade waste limits specified in permit

10

34(1)

Connect to or interfere with stormwater system without consent

1

35(1)

Fail to comply with notice to disconnect from shared stormwater system

1

36(1)

Fail to comply with duty to discharge matter into stormwater system

1.5

37(2)

Fail to comply with notice issued under clause 37(1) to provide satisfactory drainage

1.5

38(2)

Fail to comply with notice to control sediment contamination of stormwater run-off

5

39(1)

Alter water course without written approval

10



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback