By-Laws

Council has approved the introduction of local by-laws to help with the control and protection of its reserves and parks, marine facilities and roads.  There are still a number of steps to be taken before these by-laws can become enforceable.

Three (3) by-laws are proposed, these being:

  • Reserves, Parks and Gardens By-law
  • Marine Facilities By-law
  • Roads (Local Highways) By-law

Notice of Proposed By-laws - Public Comment Period
A Notice of Proposed By-laws has now been given and Council has opened a public comment period and is inviting submissions from the community and key stakeholders.  A copy of the Notice of Proposed By-Laws is available here.

Submissions are invited from any person in respect of the making of the proposed By-laws.  Submissions should be in writing and are to be received by the General Manager by 5pm Friday, 2 October 2020.

Submissions may be forwarded to PO Box 16, Riverside 7250 or to wtc@wtc.tas.gov.au.

For further information contact David Gregory during business hours on 03 6383 6350.

The proposed By-laws and associated regulatory impact statement are available to download from the below links.  Copies are also available from Council’s offices at Riverside and Beaconsfield.

Marine Facilities By-Law No. 1 of 2020 and Regulatory Impact Statement
Reserves, Parks and Gardens By-Law No. 2 of 2020 and Regulatory Impact Statement
Roads (Local Highways) By-Law No. 3 of 2020 and Regulatory Impact Statement

Council will also be seeking feedback from relevant State Government agencies and from its community based advisory groups.

A brief summary of the proposed by-laws is below.

Reserves, Parks and Gardens By-law

This By-law is being introduced to provide Council with the authority to regulate, control and protect Council's reserves, recreation grounds, parks and gardens owned by or under its control, as well as protecting users of these reserves.

The By-law would provide Council with an ability to control such circumstances as:

  • The closure and hire of reserves;
  • The creation of private entrances to public reserves;
  • The erection of structures and signs within reserves;
  • Organised commercial and sporting activities within reserves;
  • Other specified activities within reserves such as camping, golf, skates, cycles, flying, climbing, removal of materials, lighting of fires;
  • The designation of alcohol free areas;
  • The access of animals to and protection of wildlife within reserves; and
  • The use and parking of vehicles within reserves.

The By-law also provides for enforcement procedures and provides Council with the power to issue infringement notices for any offences defined within the By-law.

Marine Facilities By-law

This By-law is being introduced to provide Council with the authority to regulate, control and protect Council's marine facilities for the purposes of ensuring that the use of marine facilities meets appropriate public access, safety and amenity standards.

West Tamar Council is responsible for the management and maintenance of a number of marine facilities across the municipal area.  These are all public facilities that are primarily managed for the unimpeded use of the general public in order to gain access to the local waterways.  These include boat ramps, and/or pontoons at the following locations:

Beauty Point

Bonnie Beach

Clarence Point

Dark Hollow

Devil's Elbow

Deviot

Gravelly Beach

Kelso

Rosevears

Tailrace Park

 

In a general sense, the By-law would provide Council with an ability to control such circumstances as:

  • Vessels being moored alongside marine facilities and obstructing other vessels from using the facility;
  • Vessels, trailers or vehicles being parked adjacent to or left on a marine facility and so obstructing other users;
  • Vessels being improperly tied or not properly secured to the marine facility;
  • Vessels being maintained or repaired while moored alongside marine facilities;
  • Vehicles driving on to jetties and cargo or property being left on jetties for excessive periods of time;
  • The storage of fuels and the refuelling of vessels from marine facilities;
  • The installation of unauthorised structures on the marine facility (e.g. a crane, fuel dispensing equipment, water lines, electric power outlets etc.);
  • Any structural damage to the marine facility;
  • Swimming and fishing in the vicinity of marine facilities;
  • Providing authorised longer term mooring or enabling regular commercial users to only moor alongside a jetty in accordance with an authorised permit – with the by-law providing all permit administration procedures;
  • Providing Council with the power to remove a vessel, vehicle or material from a marine facility (and to recover costs); and
  • Defining enforcement procedures and providing Council with the power to issue infringement notices for any offences defined within the by-law (e.g. lighting fires, selling goods, erecting signs, camping, polluting waterways, littering, defacing the structure, behaving in a disorderly manner etc.).

Roads (Local Highways) By-law

The Council’s road network provides for the necessary transport flow for vehicles and pedestrians and Council requires the ability to appropriately manage its road infrastructure and assets to ensure that it continues to be able to be used for the public benefit.  The objective of the proposed By-law is to provide Council with the authority to regulate, protect and control conduct on and use of the roads in the West Tamar municipal area.

The proposed By-law would provide Council with an ability to:

  • Protect Council roads from damage and misuse;
  • Monitor and control any works proposed to be undertaken on a Council road;
  • Provide for restrictions on parking on Council roads for the purposes of advertising for private/commercial gain and for the reduction of obstructions to users of the road.

The By-law also provides for:

  • A permit system for the undertaking of works on, and for the use of, a road;
  • Enforcement powers to issue notices and directions;
  • The issue of Infringement notices and penalties for breaches of the By-law.
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