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:
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:
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notice of election within 28 days of service of the infringement notice on you and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the notice.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:
If you have received an infringement notice and you believe that:
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.
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.
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: