The Huon Valley Council is responsible for enforcing a number of Acts of Parliament and Council By-laws (the law) within the Huon Valley Council area including the following:

• Dog Control Act 2000
• Traffic (Road Rules) Regulations 1999 (Parking Restrictions)
• Litter Act 2007
• Food Act 2003
• Public Health Act 1997
• Environmental Management and Pollution Control Act 1994
• Building Act 2000
• Water, Sewer and Stormwater By-law 2002
• Waste Management By-law 2002
• Roads (Local Highways) By-law 2004
• Caravan By-law 2005
• Council Land and Recreational Facilities By-law 2006

These laws enable authorised Council Officers to issue an "on the spot" infringement notice to the person committing an offence against any provisions of those laws.

Each infringement notice carries with it a specified monetary penalty. The amount of the monetary penalty is set by the law under which an offence is created.

The law requires that you must within 28 days of the date of service of the infringement notice on you do one of the following:

• pay the total amount of the monetary penalty specified in the infringement notice in full to the Council.
• apply to the General Manager in writing for the withdrawal of the infringement notice;
• apply to the General Manager in writing for a variation of payment conditions; or
• if you wish to have any of the offences to which the infringement notice relates heard and determined by a court you must lodge a notice of election with the General Manager. Notice of Election forms are available from the Council Offices.

If you do not lodge a notice of election within 28 days of service of the infringement notice on you and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the notice. The monetary penalty may be enforced under the Monetary Penalties Enforcement Act 2005 which provides for a wide range of enforcement options including:

• suspend your drivers licence
• suspend registration of all your vehicles
• Seize and sell assets you own
• Register a charge over any land you own
• Have money deducted from your wages or bank account
• Publish your name as a fine defaulter

If you have received an infringement notice and you believe that:

• the infringement notice ought be withdrawn
• you need to vary the payment conditions (extend the period of time in which a monetary penalty may be paid)

then you may apply to the Council accordingly.

Any application must be made within 28 days of service of the infringement notice.

All applications must be in writing stating the details of the request along with supporting reasons that must address Council's Infringement Notice Enforcement Policy which is available for inspection at Council Offices or on Council's website.

Verbal requests will not be considered and Council Officers will not debate or discuss the issue of the infringement notice with you other than to provide procedural advice as provided in this information sheet.

Applications are to be addressed to:
The General Manager, PO Box 210, HUONVILLE 7109

No guarantee or undertaking is given that your application will be successful.

GENERAL MANAGER
HUON VALLEY COUNCIL

Any application properly made to the Council will be considered in accordance with Council's Infringement Notice Enforcement Policy and you will be advised of the outcome of your application.

  

ENFORCEMENT POLICY

Persons who are issued an infringement notice may also be subject to other enforcement action including notices or orders issued under specific legislation. An example is action undertaken by Council under the Building Act 2000 for persons undertaking building work without permit. An infringement notice may be issued, and a Building Order may also issued requiring an individual to obtain the necessary permits from the Council for work undertaken.

Details of Council's Enforcement Policy can be found by opening the following link:

Huon Valley Council Enforcement Policy

 Infringement Notice Enforcement Policy(92 kb)

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