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:
- Dog Control Act 2000
- Traffic (Road Rules) Regulations 1999 (Parking Restrictions)
- Land Use Planning and Approvals Act 1993
- Litter Act 2007
- Food Act 2003
- Public Health Act 1997
- Environmental Management and Pollution Control Act 1994
- Building Act 2016
- Water, Sewer and Stormwater By-law 2002
- Waste Management By-law 2012
- Roads (Local Highways) By-law 2014
- Caravan By-law 2015
- Council Land and Recreational Facilities By-Law 2017
Within 28 days of the infringement being served, you must 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
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.
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of election within 28 days of service of the infringement notice on you, and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the notice.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:
- suspension of your driver’s licence
- suspension of registration of all your vehicles
- seizure and sale of assets you own
- registering a charge over any land you own
- having money deducted from your wages or bank account
- publishing your name as a fine defaulter
If you have received an infringement notice and you believe that the infringement notice should be withdrawn, or you need to vary the payment conditions, you may apply to the Council to do so.
Any application must be made within 28 days of service of the infringement notice.
All applications must be made in writing and include the details of the request along with supporting reasons (these reasons must address the Council’s Infringement Notice Enforcement Policy).
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 here.
Applications should be sent to:
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 the Council’s Infringement Notice Enforcement Policy. 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.
For example, action may be taken by the Council under the Building Act 2016 for persons undertaking building work without permit. An infringement notice may be issued, and a Building Order may also be issued, requiring an individual to obtain the necessary permits from the Council for work undertaken.