LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2008 (S.R. 2008, NO. 50) - SCHEDULE 2

SCHEDULE 2 - Burnie City Council By-laws

Clause 5

PART 1 - Amendments to Infringement Notice Provisions

Column 1	Column 2
By-law	Amendment
Public Reserves
By-law No. 8 of 1999 ( Gazetted on 9 June 1999)	1. Omit clauses 4(3) and (4), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(2) and (3), 10(8) and (9), 11(2) and (3), 12(2) and (3), 13(3) and (4), 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(2) and (3), 24(2) and (3), 25(2) and (3), 26(2) and (3), 27(2) and (3), 28(2) and (3), 29(3) and (4), 30(2) and (3), 31(2) and (3), 32(2) and (3), 33(2) and (3), 34(2) and (3), 35(2) and (3), 36(2) and (3), 37(2) and (3), 38(2) and (3), 39(2) and (3), 40(2) and (3), 41(3) and (4), 42(2) and (3), 43(3) and (4), 44(2) and (3), 45(3) and (4), 46(2) and (3), 47(3) and (4).
	2. Omit clause 50 and substitute model provision 2A as clause 50.
	3. After clause 51, insert the proposed schedule set out in Part 2 of this Schedule as Schedule 1.
Highways
By-law No.10 of 2003 ( Gazetted on 5 November 2003)	1. Omit clause 35 and substitute model provision 1A as clause 35.
	2. After clause 35, insert the proposed schedule set out in Part 3 of this Schedule as Schedule 1.
Refuse Collection and Waste Management
By-law No.11 of 2007 ( Gazetted on 14 March 2007)	1. Omit clause 17 and substitute model provision 1A as clause 17.
	2. After clause 18, insert the proposed schedule set out in Part 4 of this Schedule as Schedule 1.
Parking
By-law No.12 of 2007 ( Gazetted on 14 March 2007)	1. In the long title, omit "compositions" and substitute “infringement notice penalties”.
	2. Omit clauses 5(2) and (3), 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(3) and (4), 10(2) and (3), 11(3) and (4), 12(2) and (3), 13(2) and (3), 14(2) and (3), 15(2) and (3), 16(2) and (3), 18(3) and (4), 21(3) and (4), 22(1)(b) and (c), 22(2)(b) and (c).
	3. Omit clauses 27 and 28 and substitute model provision 2A as clause 27 and the proposed clause set out in Part 5 of this Schedule as clause 28.
	4. After clause 28, insert the proposed schedule set out in Part 6 of this Schedule as Schedule 1.

PART 2 - Schedule for Public Reserves By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3	Column 4	Column 5
Clause	General Description of Offence	Penalty (Penalty units except where stated in $ 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
4	Closure of public reserve	0.5
6	Non-compliance with hire conditions	1.5
7	Sub-lease of public reserve	1.5
8	Interfering with peaceable use of public reserve	1
9	Functions	0.5
10	Creation of an entrance	0.5
11	Erection of a structure	0.5
12	Erection of a sign	0.5
13	Outside dining	1
14	Sale of items	0.5
15	Distribution of advertisement	0.5
16	Preaching, concerts and similar activities	0.5
17	Organised sport	1
18	Organised activities	2
19	Use of children’s playground	0.5
20	Playing golf	0.5
21	Use of radios and loud speakers	0.5
22	Use of change rooms	0.5
23	Collection of money	0.5
24	Camping	0.5
25	Climbing trees	0.5
26	Dogs and other animals	0.5
27	Use of skates and cycles	0.5
28	Projectiles	0.5
29	Deposit of rubbish	1.5
30	Breaking of glass	0.5
31	Disorderly conduct	0.5
32	Abuse of authorised officer	1
33	Liquor	1
34	Damage to council property	1
35	Damage to relics	2
36	Interference with items	1
37	Protection of wildlife	1
38	Lighting fires without permission	1
39	Graffiti	1
40	Collecting wood without approval	1
41	Parking of vehicles	$50	$8	$20
42	Driving of vehicles	1
43	Parking when reserve closed	0.5
44	Entry and exit of parking area	$50	$8	$20
45	Reserved space	0.8
46	Washing, dismantling and repair of vehicles	0.5
47	Regulation of activities	0.25

PART 3 - Schedule for Highways By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	GENERAL DESCRIPTION OF OFFENCE	PENALTY
		(Penalty units)
3	Occupation, obstruction or enclosure of highway	1
4(1)	Vending machines / customer servery	5
4(2)	Vending machines / customer servery	5
5(1)	Signboard permits	1
5(2)	Signboard or display placed with permit – breach of conditions
6	Permit required for hawking	1
7	Sale of vehicles on a highway	1
8	Making a noise on a highway	1
9	Materials on highways	1
10	Wheels of Vehicles to be cleaned	2
11(2)	Directions	2
13	Traversing of footpaths, kerbs and channels, table drains or vehicular access	2
14	Causing damage to a footpath, kerb and channel, table drain or vehicular access	2
15	Directions
17(1)	Construction of a crossing over footpaths, kerbs and channels table drains or vehicular access	5
18(1)	Direction to construct a crossing over a footpath, kerb and channel, table drain or vehicular access	5
18(2)	Failing to construct crossing in a proper and workmanlike manner if required to do so	5
19	Directions	5
20	Council expenses in carrying out work	5
21	Damage of highways	5
22	Directions	5
24	Removal of trees	5
25	Grazing	5
26	Holding yard	5
27(1)	Movement of livestock along a highway	5
27(2)	Driving livestock along a highway more often than once a month without first obtaining permit	5
28	Livestock crossing	5
29	Driving livestock within town areas	5
33	Production of permit	0.5
34	Failure to comply with condition of permit	5

PART 4 - Schedule for Refuse Collection and Waste Management By-law

Schedule 1 – Infringement Notice Offences

Column 1	Column 2	Column 3
CLAUSE	GENERAL DESCRIPTION OF OFFENCE	PENALTY
		(Penalty units)
5(4)	Kerbside domestic refuse collection	2.5
5(9)	Kerbside domestic refuse collection	10
5(10)	Kerbside domestic refuse collection	2.5
6(2)	Conveyance of refuse to disposal sites	1
8(2)	Access to refuse disposal sites	5
9(1)	Disposal of refuse	2.5
9(3)	Disposal of refuse	10
10	Off loading refuse at waste management facility	2.5
11(1)	Disposal of asbestos	5
12	Lighting of fires	10
13(1)	Recycling and scavenging	2.5
13(4)	Recycling and scavenging	2.5
14	Improper use of litter bin	2.5
16(1)	Supply of name and address	2.5

PART 5 - Clause for Parking By-law

28. Prescribed penalties for 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 in the following table:

Section
Penalty
Reduced amount if paid to Council within 14 days from date of service of the Infringement Notice
Reduced amount if paid to Council after 14 days and within 28 days from date of service of the Infringement Notice
Section 97, 98 and 99
$50
$15
$30

PART 6 - 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	Reduced penalty if paid to Council within 14 days from date of service of the Infringement Notice	Reduced amount if paid to Council after 14 days but within 28 days from date of service of the Infringement Notice
5	Entry and exit of parking areas	$50	$15	$30
6	Driving of vehicles	$50
7	Parking of vehicles	$50	$15	$30
8	Payment of fee	$50	$15	$30
9	Parking vouchers	$50	$15	$30
10	Parking longer than maximum period	$50	$15	$30
11	Reserved spaces	$50	$15	$30
12	Damage to equipment	$50
13	Unauthorised removal of infringement notice	$50
14	Washing, dismantling and repair of vehicles	$50
15	Skidding of vehicles	$50
16	Distribution of advertisements	$50
18	Graffiti	$50
21	Use of skates and cycles	$50	$15	$30
22(1)	Obstruction	$50
22(2)	Shopping trolleys	$50

Section	Penalty	Reduced amount if paid to Council within 14 days from date of service of the Infringement Notice	Reduced amount if paid to Council after 14 days and within 28 days from date of service of the Infringement Notice
Section 97, 98 and 99	$50	$15	$30

Tasmanian Numbered Regulations

LOCAL GOVERNMENT (AMENDMENT OF BY-LAWS) ORDER 2008 (S.R. 2008, NO. 50) - SCHEDULE 2