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 bodys service without written approval | 5 | 3(2) | Open a highway and expose a council sewer, water or stormwater main or branch or other statutory bodys 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 |