Local Government Act 1993 No 30

Currency

As amended to Local Government Amendment Act 2019 (No 6). Commenced 25 June 2019. Current to 2 July 2019.

Jurisdiction

Section 691(1): Proceedings for an offence against this Act or the regulations may be dealt with summarily by the Local Court.

Section 691(2): Proceedings for an offence against ss 626(1), 627(1) or 628(1) may be dealt with:

(a) 

summarily by the Local Court, or

(b) 

summarily before the Land and Environment Court in its summary jurisdiction.

Time for commencement

Section 693: Proceedings for an offence concerning an election or poll under this Act may be instituted at any time within 3 yrs after the offence is alleged to have been committed.

Recovery of rates and charges

Section 712(1): Proceedings for the recovery of a rate or charge may be commenced at any time within 20 yrs from the date when the rate or charge became due and payable.

Section 712(2): All rates and charges payable by the same person, whether in respect of the same or of different land, may be recovered in a single action.

Section 712(3): In any proceedings for the recovery of a rate or charge, a court may decide any matter that is called into question and that is relevant to the determination of the proceedings, even though the matter would otherwise be beyond the court’s jurisdiction.

Other remedies

Section 690(1): Whether any penalty imposed on a person by or under this Act has been recovered or not, the council may recover from the person: (a) any sum for damage sustained by it through the person’s act or default, and (b) the costs and expenses incurred by it in remedying that damage, and (c) the value of anything wasted, misused or unlawfully consumed, diverted or taken by the person.

Appearance in the Local Court

Section 687: In proceedings in the Local Court, the general manager or any other employee of the council appointed in writing by the general manager may: (a) represent the council in all respects as though the general manager or other employee were the party concerned, and (b) institute and carry on any proceedings which the council is authorised to institute and carry on under this Act.

SECTION DESCRIPTION PENALTY (MAX)
312 Fail to vote in election in area where name on resident roll 1 pu
626(1) Fail to obtain prior approval for activity in s 68 Table Pt A Corp 100 pu; Indiv 50 pu
626(3) Fail to obtain prior approval for activity under s 68 Table Pts B–F 20 pu
627(1) Fail to comply with approval for activity under s 68A Table Pt A Corp 100 pu; Indiv 50 pu
627(3) Fail to comply with approval for activity in s 68 Table Pts B–F 20 pu
628(1) Fail to comply with orders Nos 1, 3, 5, 7–12 in s 124 Table Corp 100 pu; Indiv 50 pu
628(1A) Fail to comply with orders Nos 15–17 in s 124 Table Corp 200 pu; Indiv 100 pu
628(2) Fail to comply with orders Nos 18–29 in s 124 Table 20 pu
628(3) Non-compliance with order No 30 in s 124 Table carries the same penalty as that imposed for carrying out the activity the subject of the approval otherwise than in accordance with the approval 20 pu
628(4) Fail to comply with order to abate nuisance: s 125 20 pu
629(1) Injure/damage/disturb plant/animal/rock/soil in public place 20 pu
629(2) Unlawfully remove plant/animal/rock/soil from public place 20 pu
630(1) Break bottle/glass/syringe in public place 10 pu
630(2) Leave in public place, bottle/glass/syringe damage property 10 pu
630(3) Break bottle/glass/syringe in public bathing place without removing all parts 10 pu
631 Damage/deface/pollute public bathing place 10 pu
632(1) Fail to comply with terms of notice erected by council 10 pu
633(1), (2) Fail to comply with terms of notice (including nude bathing) at public bathing place 10 pu
633A Use skateboard, roller blade and roller skates in public place to annoy 10 pu
634(1) Do unauthorised water supply/sewerage/stormwater drainage work 100 pu
634(2) Employ another to do unauthorised work in subs (1) 100 pu
634(4) Do sewerage work and install thing contravening regulation, specification, etc 20 pu
635 Wilfully/negligently interfere with thing belong to council-water service 20 pu
636(1) Tamper with meters, fittings 20 pu
637(1) Waste, misuse water 20 pu
638 Discharge prohibited matter into public sewer, drain, gutter 20 pu
639(1) Pollute public water supply 20 pu
650(1) Misuse council’s free parking areas 10 pu
650A(1) Fail to comply with terms of notice in a strata parking area or a community scheme parking area 10 pu
651 Liability of vehicle owner for offences against ss 632(1), 650(1) or (4) or 650A(1) or (4) 5–10 pu
651B(1) Immobilise vehicle by means of wheel clamps etc 20 pu
651C(1) Fail to release vehicle on demand of lawful possessor/demand payment for release of vehicle 20 pu
660 Wilfully obstruct listed officer in exercise of functions under Act 20 pu
667 Damage/deface/destroy/remove sign/notice erected by council 20 pu
680(5) Refuse to state name or address upon demand under section/state false name or address 5 pu
748(3) Regulations may create offences

Elections and polls offences

10 pu
Penalty not exceeding corresponding offence in Parliamentary Electorates and Elections Act 1912