1993—No. 275 (NSW)

1993—No. 275

JUSTICES ACT 1902—REGULATION

(Justices (Short Descriptions of Local Government Offences) Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. 73 of 1 July 1993]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Justices Act 1902, has been pleased to make the

Regulation set forth hereunder.

JOHN HANNAFORD, M.L.C.,

Minister for Justice.

Citation

1. This Regulation may be cited as the Justices (Short Descriptions of Local Government Offences) Regulation 1993.

Commencement

2. This Regulation commences on 1 July 1993.

Short descriptions of offences

3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out in Column 2 of that Schedule opposite that offence.

(2) If a choice of words is indicated in Column 2 of Schedule 1, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

egulation, a reference to a provision in Schedule 1 in

relation to an offence is a reference to that provision as in force at the
time the offence is alleged to have occurred.

1993—No. 275

SCHEDULE 1

(Cl. 3)

Column 1 Column 2

Offence under Prescribed

Local Government Act 1993 expression

Section 626 (3)—carry out without prior approval of council an activity specified in item 1 of Part D engage in trade/business

without approval

(Community Land) of the Table to section 68

(Engage in a trade or business)

Section 626 (3)—carry out without prior approval of	direct/procure entertainment
council an activity specified in item 2 of Part D	without approval
(Community Land) of the Table to section 68 (Direct or procure a theatrical, musical or other entertainment for the public)
Section 626 (3)—carry out without prior approval of council an activity specified in item 3 of Part D	construct enclosure without

approval

(Community Land) of the Table to section 68 (Construct a temporary enclosure for the purpose of entertainment)

Section 626 (3)—carry out without prior approval of	play instrument/sing for
council an activity specified in item 4 of Part D	fee/reward without
(Community Land) of the Table to section 68 (For	approval
fee or reward, play a musical instrument or sing) Section 626 (3)—carry out without prior approval of	set up/operate/use
council an activity specified in item 5 of Part D	loudspeaker/amplifier
(Community Land) of the Table to section 68 (Set	without approval
up, operate or use a loudspeaker or sound amplifying device)
Section 626 (3)—carry out without prior approval of council an activity specified in item 6 of Part D	deliver address/hold

religious service/meeting

(Community Land) of the Table to section 68	without approval
(Deliver a public address or hold a religious service or public meeting)
Section 626 (3)—carry out without prior approval of council an activity specified in item 1 of Part E	swing/hoist goods

across/over road by

(Public Roads) of the Table to section 68 (Swing or	lift/hoist/tackle without
hoist goods across or over any part of a public road	approval
by means of a lift, hoist or tackle projecting over the footway)

1993—No. 275

Section 626 (3)—carry out without prior approval of council an activity specified in item 2 of Part E	erect structure over road/expose article/let
(Public Roads) of the Table to section 68 (Erect an	article be exposed
advertising structure over a public road, or expose	in/on/over road/at
or allow to be exposed (whether for sale or	window/door/hang
otherwise) any article in or on or so as to overhang	article under awning
any part of the road or outside a shop window or	without approval
doorway abutting the road, or hang an article beneath an awning over the road)
Section 626 (3)—carry out without prior approval of council an activity specified in item 3 of Part E	extend structure/pipe without approval

(Public Roads) of the Table to section 68 (Extend a balcony, awning, sunblind, canopy, sun louvre or similar structure or an essential service pipe beyond a road alignment)

Section 626 (3)—carry out without prior approval of council an activity specified in item 7 of Part F use vehicle/article for

selIing without approval

(Other Activities) of the Table to section 68 (Use a standing vehicle or any article for the purpose of selling any article in a public place)

Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified engage in trade/business

otherwise than as

in item 1 of Part D (Community Land) of the Table	approved
to section 68, carry out the activity otherwise than in accordance with the terms of that approval (Engage in a trade or business)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	direct/procure entertainment

otherwise than as

in item 2 of Part D (Community Land) of the Table	approved
to section 68, carry out the activity otherwise than i n accordance with the terms of that approval (Direct or procure a theatrical, musical or other entertainment for the public)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	construct enclosure

otherwise than as

in item 3 of Part D (Community Land) of the Table	approved
to section 68, carry out the activity otherwise than
in accordance with the terms of that approval
(Construct a temporary enclosure for the purpose of entertainment)

1993—No. 275

Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified play instrument/sing for

fee/reward otherwise

in item 4 of Part D (Community Land) of the Table	than as approved
to section 68, carry out the activity otherwise than in accordance with the terms of that approval (For fee or reward, play a musical instrument or sing)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	set up/operate/use

loudspeaker/amplifier

in item 5 of Part D (Community Land) of the Table	otherwise than as
to section 68, carry out the activity otherwise than	approved
in accordance with the terms of that approval (Set up, operate or use a loudspeaker or sound amplifying device)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	deliver address/hold

religious service/meeting

in item 6 of Part D (Community Land) of the Table	otherwise than as
to section 68, carry out the activity otherwise than	approved
in accordance with the terms of that approval (Deliver a public address or hold a religious service or public meeting)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	swing/hoist goods

across/over road by

in item 1 of Part E (Public Roads) of the Table to	lift/hoist/tackle otherwise
section 68, carry out the activity otherwise than in	than as approved
accordance with the terms of that approval (Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	erect structure over

road/expose article/let

in item 2 of Part E (Public Roads) of the Table to	article be exposed
section 68, carry out the activity otherwise than in	in/on/over road/at
accordance with the terms of that approval (Erect an	window/door/hang
advertising structure over a public road, or expose	article under awning
or allow to be exposed (whether for sale or	otherwise than as
otherwise) any article in or on or so as to overhang	approved
any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road)

1993—No. 275

Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified ex tend structure/pipe

otherwise than as

in item 3 of Part E (Public Roads) of the Table to	approved
section 68, carry out the activity otherwise than in accordance with the terms of that approval (Extend a balcony, awning, sunblind, canopy, sun louvre or similar structure or an essential service pipe beyond a road alignment)
Section 627 (3)—having obtained the council’s approval to the carrying out of an activity specified	use vehicle/article for

selling otherwise than

in item 7 of Part F (Other Activities) of the Table to	as approved
section 68, carry out the activity otherwise than in accordance with the terms of that approval (Use a standing vehicle or any article for the purpose of selling any article in a public place)
Section 628 (1)—fail to comply with an order given in terms of order No. 7 in the Table to section 124 (To	fail to comply with order

to fence land

fence land)

Section 628 (1)—fail to comply with an order given in terms of order No. 8 in the Table to section 124 (To fail to comply with order

to identify premises

identify premises with such numbers or other identification in such manner as is specified in the order)

Section 628 (1)—fail to comply with an order given in terms of order No. 10 in the Table to section 124 fail to comply with order

to remove/stack/cover

(To remove or stack articles or matter, to cover	articles/matter/erect
articles or matter, to erect fences or screens or to	fences/screens/plant trees
plant trees)
Section 628 (2)—faiI to comply with an order given in terms of order No. 18 in the Table to section 124	fail to comply with order

as to keeping of

(Not to keep birds or animals on premises, other	birds/animals
than of such kinds, in such numbers or in such manner as specified in the order)
Section 628 (2)—fail to comply with an order given in terms of order No. 19 in the Table to section 124	fail to comply with order

as to use of tennis

(To use or not to use a tennis court as specified) Section 628 (2)—fail to comply with an order given in court

fail to comply with order

terms of order No. 20 in the Table to section 124	as to clean/sanitary
(To do such things as are specified in the order to	conditions for food
put premises, vehicles or articles used for the manufacture, preparation, storage, sale, transportation or other handling or use of or in relation to food into a clean or sanitary condition)

1993—No. 275

Section 628 (2)—fail to comply with an order given in	fail to comply with order
terms of order No. 21 in the Table to section 124	as to safety/health of
(To do or refrain from doing such things as are	land/premises
specified in the order to ensure that the land is, or premises are, placed or kept in a safe or healthy condition)
Section 628 (2)—fail to comply with an order given in	fail to comply with order
terms of order No. 22 in the Table to section 124	as to waste
(To store, treat, process, collect, remove, dispose of
or destroy waste (other than waste that is dealt with under the Waste Disposal Act 1970) which is on land or premises in the manner specified in the order)
Section 628 (2)—fail to comply with an order given in	fail to comply with order
terms of order No. 23 in the Table to section 124	as to water connection
(To connect premises to the council’s water supply
by a specified date)
Section 628 (2)—fail to comply with an order given in	fail to comply with order
terms of order No. 24 in the Table to section 124	as to sewerage
(To connect premises with a sewerage system by a	connection
specified date)
Section 628 (2)—fail to comply with an order given in	fail to comply with order
terms of order No. 25 in the Table to section 124	as to human waste
(Not to use or permit the use of a human waste	storage facility
storage facility on premises after a specified date) Section 628 (3)—fail to comply with an order given in	fail to comply with order
terms of order No. 30 in the Table to section 124	to comply with
(To comply with an approval concerning an activity	approval (land)
specified in Part D (Community Land) of the Table to section 68)
Section 628 (3)—fail to comply with an order given in	fail to comply with order
terms of order No. 30 in the Table to section 124	to comply with
(To comply with an approval concerning an activity	approval (roads)
specified in Part E (Public Roads) of the Table to section 68)
Section 628 (3)—fail to comply with an order given in	fail to comply with order
terms of order No. 30 in the Table to section 124	to comply with
(To comply with an approval concerning an activity	approval (selling)
specified in item 7 of Part F (Other Activities) of the Table to section 68: Use a standing vehicle or any article for the purpose of selling any article in a public place)

1993—No. 275

Section 629 (2)—remove any plant or animal from public land	remove plant/animal
Section 630 (3)—break a bottle, glass, syringe or glass receptacle in a public bathing place under the	break bottle/glass/syringe/

glass receptacle in

control of the council, and not collect and remove	bathing place and not
all portions of the bottle, glass, syringe or glass	remove it
receptacle either to a receptacle (if any) provided by the council for that purpose, or to a place beyond the public bathing place
Section 631—in a public bathing place under the control of the council, do any act which damages,	damage/deface/pollute

bathing place/do act

defaces or pollutes the public bathing place or	likely to
which is likely to damage, deface or pollute the	damage/deface/pollute
public bathing place or anything relating to the	bathing place/thing
public bathing place	relating to bathing place
Section 632 (1)—on public land or in a public bathing place under the control of a council, fail to comply	fail to comply with notice

on public land/in

with the terms of a notice erected by the council Section 633 (1)—in place being:	bathing place
(a) a public bathing place under the control of a	fail to comply with notice

council ; in bathing place

(b) a river, watercourse or a tidal or non-tidal fail to comply with notice

water; in river/
watercourse/tidal/
non-tidal water

(c) the sea adjacent to (although outside) an area; fail to comply with notice

in sea

(d) a public place adjacent to any of those places, fail to comply with the terms of a notice erected by fail to comply with notice

near bathing

the council place/river/watercourse/ tidal/non-tidal water/sea

Section 633 (2 )—be in the nude in public view in a place (unless a notice erected by the council allows the use of the place (or part of the place) for the purposes of nude bathing) being:

(a)	a public bathing place under the control of a	nude in bathing place
counciI;

(b) a river, watercourse or tidal or non-tidal nude in river/

water; watercourse/tidal/
non-tidal water

(c) the sea adjacent to (although outside) an area; (d) a public place adjacent to any of those places	nude in sea
nude near bathing place/ river/watercourse/tidal/ non-tidal water/ sea

1993—No. 275

Section 642 (2)—after receiving a police warning under section 642 (1), commence to drink alcohol in commence to drink alcohol

after warning

an alcohol-free zone

Section 642 (2)—after receiving a police warning under section 642 (1), fail to stop drinking alcohol fail to stop drinking alcohol after warning

in an alcohol-free zone

Section 642 (2)—after receiving a police warning under section 642 (1), resume drinking alcohol in an resume drinking alcohol

after warning

alcohol-free zone

Section 650 (1), (2) (a)—park vehicle in a free parking area otherwise than as permitted by a notice or sign stand vehicle in area when

area closed to public

relating to the time during which the public may use

the free parking area

Section 650 (1), (2) (b)—park vehicle in a free parking area otherwise than as permitted by a notice or sign stand vehicle in area longer than allowed

relating to the maximum period for which a vehicle may be parked in the free parking area (or in any part of the free parking area)

Section 650 (1), (3)—park vehicle in a free parking area otherwise than as permitted by a notice or sign stand vehicle in disabled

persons parking space

relating to the designation of a parking space within	without authority
the free parking area as a space for the sole use of persons with disabilities
Section 650 (4) (a)—cause vehicle to be parked in a free parking area otherwise than in a marked	not stand vehicle in marked parking space

parking space

Section 650 (4) (b)—cause vehicle to be parked in a free parking area in a marked parking space in stand vehicle in occupied

marked parking space

which another vehicle is parked

Section 650 (4) (c)—cause vehicle to be parked in a free parking area in a marked parking space so that not stand vehicle wholly

in marked parking

it is not wholly within that space	space
Section 650 (5)—fail to comply with direction of authorised person regarding parking of vehicle	fail to comply with parking direction

within a free parking area

Section 650 (5)—fail to comply with direction of authorised person regarding movement of vehicle	fail to comply with vehicle movement
within a free parking area	direction

1993—No. 275

Section 654—not at all times display in a conspicuous position a fire safety notice of the prescribed size not display fire safety

notice near

and kind adjacent to a fire-isolated passageway,	passage/ramp/stair
fire-isolated ramp or fire-isolated stairway
Section 657 (c)—fail to ensure that any notice required	fail to ensure display of
by the regulations to be displayed adjacent to any	fire exit notice
doorway providing access to a stairway, passageway or ramp serving as or forming part of a required exit is so displayed

NOTE

TABLE OF PROVISIONS

1. Citation

2. Commencement

3. Short descriptions of offences

SCHEDULE 1

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences which may be dealt with by penalty notices under section 679 of the Local Government Act 1993 or section 18B of the Traffic Act 1909. (Penalty notices in respect of offences under section 650 of the Local Government Act 1993 (Use of council’s free parking areas) will be served under the Traffic Act 1909, not the Local Government Act 1993.)

The Regulation comprises matters of a machinery nature.