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 municipality. These can be found on our Legislation and By-Laws page.
Enforcement of these Acts and by-laws can, in some cases, result in an infringement notice being issued.
How Can You Deal With Your Infringement Notice Issued by the Huon Valley Council?
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 CEO in writing for the withdrawal of the infringement notice.
- Apply to the CEO 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 CEO.
If You Do Not Lodge a Notice of Election Within 28 Days
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of election within 28 days of service of the infringement notice on you, and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the notice.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.
Apply to Withdraw an Infringement Notice or to Vary the Payment Conditions
If you have received an infringement notice and you believe that the infringement notice should be withdrawn, or you need to vary the payment conditions, you may apply to the council to do so.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:
The General Manager
PO Box 210
HUONVILLE 7109
or
Email: hvc@huonvalley.tas.gov.au
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.
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.
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.