Local Government Act 1993 Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998 (1998-432) [GG No 115 of 31.7.1998, p 5766] (NSW)

New South Wales

under the

Local Government Act 1993

His Excellency the Governor, with the advice of the Executive Council. has made the following Regulation under the Local Govenment Act 1993.

ERNIE PAGE. M.P.,
Minister for Local Government

The object of this Regulation is to specify. in accordance with section 145B of the Justices Act 1902. the short descriptions of certain offences under the Local Govenment Act 1993.

This Regulation is made under the Local Govenment Act 1993, including section 748 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

Clause 1 Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

This Regulation is the Local Government (General) Amendment

(Short Descriptions of Offences) Regulation 1998.

Amendment of Local Government (General) egulation 1993

The Local Government (General) Regulation 1993 is amended as set out in Schedule 1.

The explanatory note does not form part of this Regulation.

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

men nts

(Clause 2)

Part 2, heading

descriptions”

Omit the heading.

Clause 4 Offences in respect of which penalty notices may be

served

Insert "but only if a penalty is specified in Column 3 of that Schedule in relation to the offence" after “a prescribed offence".

Clause 5 Penalties for offences

Omit "Column 2". Insert instead "Column 3".

Clause 5A

Insert after clause 5:

5A Short descriptions of offences

For the purposes of section 145B of the Justices Act

1902. the prescribed expression for an offence created by

a provision of the Act specified in Column l of Schedule

1 is:

(a )	the expression specified in Column 2 of that Schedule. or
( b )	if a choice of words is indicated in that expression. the words remaining after the omission of the

words irrelevant to the offence.

of Schedule 1. the prescribed expression for the offence

created by a provision of the Act specified in Column 1 For the purposes of any proceedings for an offence

is taken to relate to the offence created by the provision. as the provision was in force when the offence is alleged to have been committed.

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

(3)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint. summons. warrant, notice. order or other document in which the expression is used.
(4)	Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged
to have been committed before the amendment or repeal.

[5]        Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Penalty notice offences
descriptions sho

(Clauses 4, 5 and 5A)

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 626 (3)—carry out	engage in trade/business	$220
without prior approval of council	without approval
an activity specified in item I of Part D (Community Land) of the Table to section 68 (Engage in a trade or business)
Section 626 (3)—carry out	direct/procure	$220
without prior approval of council	entertainment without
an activity specified in item 2 of	approval
Part D (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 construct enclosure $220

without prior approval of council without approval

an activity specified in item 3 of Part D (Community Land) of the Table to section 68 (Construct a temporary enclosure for the

purpose of entertainment )

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 626 (3)—carry out	play instrument/sing for	$220
without prior approval of council	fee/reward without
an activity specified in item 4 of	approval
Part D (Community Land) of the Table to section 68 (For fee or reward, play a musical instrument or sing)
Section 626 (3)—carry out	set up/operate/use	$220
without prior approval of council	loudspeaker/amplifier
an activity specified in item 5 of	without approval
Part D (Community Land) of the Table to section 68 (Set up. operate or use a loudspeaker or sound amplifying device)
Section 626 (3)—carry out	deliver address/hold	$220
without prior approval of council	religious service/meeting
an activity specified in item 6 of	without approval
Part D (Community Land) of the Table to section 68 (Deliver a public address or hold a religious service or public meeting)
Section 626 (3)—carry out	swing/hoist goods across/	$330
without prior approval of council	over road by lift/hoist/
an activity specified i n item 1 of	tackle without approval
Part E (Public Roads) of the Table to section 68 (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)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 626 (3)—carry out	Expose article/let article	$330
without prior approval of council	be exposed in/on/over
an activity specified in item 2 of	road/at window/door/
Part E (Public Roads) of the	hang article under
Table to section. 68 (Expose or	awning without approval
allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang 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)
Section 626 (3)—carry out	use vehicle/article for	$220
without prior approval of council	selling without approval
an activity specified in item 7 of Table to section 68 (Use a standing vehicle or any article for the purpose of selling any article
i n a public place)
Section 627 (3)—having obtained	engage in trade/business	$110
the council's approval to the	otherwise than as
carrying out of an activity	approved
specified i n item 1 of Part D (Community Land) of the Table to section 68, carry out the
activity otherwise than in
accordance with the terms of that approval Engage in a trade or business)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 627 (3)—having obtained	direct/procure	$110
the council's approval to the	entertainment otherwise
carrying out of an activity	than as approved
specified in item 2 of Part D (Community Land) of the Table 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	construct enclosure	$110
the council's approval to the	otherwise than as
carrying out of an activity	approved
specified in item 3 of Part D (Community Land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval (Construct a temporary enclosure for the purpose o f entertainment)
Section 627 (3)—having obtained	play instrument/sing for	$110
the council's approval to the	fee/reward otherwise than
carrying out of an activity	as approved
specified in item 4 of Part D (Community Land) of the Table 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)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 627 (3)—having obtained	set up/operate/use	$110
the council's approval to the	loudspeaker/amplifier
carrying out of an activity	otherwise than as
specified in item 5 of Part D	approved
(Community Land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval (Set up, operate or use a loudspeaker or sound amplifying device)
Section 627 (3)—having obtained	deliver address/hold	$110
the council's approval to the	religious service/meeting
carrying out of an activity	otherwise than as
specified in item 6 of Part D	approved
(Community Land) of the Table to section 68, carry out the activity otherwise than 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	swing/hoist goods across/	$220
the council's approval to the	over road by lift/hoist/
carrying out of an activity	tackle otherwise than as
specified in item 1 of Part E	approved
(Public Roads) of the Table to section 68, carry out the activity otherwise than in 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)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 627 (3)—having obtained	Expose article/let article	$220
the council's approval to the	be exposed in/on/over
carrying out of an activity	road/at window/door/
specified in item 2 of Part E	hang article under
(Public Roads) of the Table to	awning otherwise than as
section 68, carry out the activity	approved
otherwise than in accordance with the terms of that approval (Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang 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)
Section 627 (3)—having obtained	use vehicle/article for	$110
the council's approval to the	selling otherwise than as
carrying out of an activity	approved

specified in item 7 of Part F
(Other Activities) of the Table to
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	fail to comply with	$330
with an order given in terms of	order to fence land
order No 7 in the Table to section 124 (To fence land)

Section 628 (1)—fail to comply	fail to comply with	$110
with an order given in terms of	order to identify
order No 8 in the Table to	premises
section 124 (To identify premises with such numbers or other identification in such manner as is specified in the order)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 628 (1)—fail to comply	fail to comply with	$330
with an order given in terms of	order to remove/stack/
order No 10 i n the Table to	cover articles/matter/erect
section 124 (To remove or stack	fences/screens/plant trees
articles or matter, to cover articles or matter, to erect fences or screens or to plant trees)
Section 628 (2)—fail to comply	fail to comply with	$220
with an order given in terms of	order as to keeping of
order No 18 in the Table to	birds/animals
section 124 (Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order)
Section 628 (2)—fail to comply	fail to comply with	$220
with an order given in terms of	order as to use of tennis
order No 19 in the Table to	court
section 124 (To use or not to use
a tennis court as specified)
Section 628 (2)—fail to comply	fail to comply with	$330
with an order given i n terms of	order as to clean/sanitary
order No 20 in the Table to	conditions for food
section 124 (To do such things as are specified in the order to
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

Section 628 (2)—fail to comply	fail to comply with	$330
with an order given i n terms of	order as to safety/health
order No 21 in the Table to	of land/premises
section 124 (To do or refrain from doing such things as are specified in the order to ensure
that the land is. or premises are.
placed o r kept in a safe or healthy condition).

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 628 (2)—fail to comply	fail to comply with	$330
with an order given in terms of	order as to waste
order No 22 in the Table to section 124 (To store, treat, process, collect. remove, dispose
of or destroy waste which is on land or premises in the manner specified in the order. provided
that i t is not inconsistent with
the regulations made under the Waste Minimisation and Management Act 1995 or the Protection of tire Environment Operations Act 1997)
Section 628 (2)—fail to comply	fail to comply with	$330
with an order given in terms of	order as to water
order No 23 in the Table to	connection
section 124 (To connect premises to the council's water supply by
a specified date)
Section 628 (2)—fail to comply	fail to comply with	$330
with an order given in terms of	order as to sewerage
order No 23 in the Table to	connection
section 124 (To connect premises
with a sewerage system by a
specified date)
Section 638 (2)—fail to comply	fail to comply with	$330
with an order given in terms of	order as to human waste
order No 25 in the Table to	storage facility
section 124 (Not to use or permit the use of a human waste storage

facility on premises after a
specified date)

Section 628 (2)—fail to comply fail to comply with $220

with an order given in terms of	order to remove object/
order No 27 in the Table to	matter from public place/
section 124 (To remove an object	prevent deposit of
or matter from a public place or	object/matter in public
prevent a n y object or matter	place

being deposited there)

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 628 (3)—fail to comply	fail to comply with	$110
with an order given in terms of	order to comply with
order No 30 in the Table to	approval (land)
section 124 (To comply with an approval concerning an activity specified in Part D (Community Land) of the Table to section 68)
Section 628 (3)—fail to comply	fail to comply with	$220
with an order given in terms of	order to comply with
order No 30 in the Table to	approval (roads)
section 124 (To comply with an
approval concerning an activity
specified in Part E (Public
Roads) of the Table to section
68)
Section 628 (3)—fail to comply	fail to comply with	$110
with an order given in terms of	order to comply with
order No 30 in the Table to	approval (selling)
section 124 (To comply with an approval concerning an activity specified i n 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 i n
a public place)
Section 629 (2)—remove any	remove plant/animal	$220
plant or animal from a public place
Section 630 (1)—without lawful	break bottle/glass/syringe/	$220
excuse, break a bottle, glass,	glass receptacle in public

glass receptacle or syringe in a	place
public place

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1 Column 2 Column 3

Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 630 (2)—throw, place,	throw/place/leave in	$220
leave in a public place any	public place matter/thing
bottle, glass, glass receptacle,	likely to endanger/injure
syringe, broken glass or other	person/animal/likely to
matter or thing likely to endanger	damage vehicle/property
the safety of or cause injury to any person or animal or damage to any vehicle or property
Section 630 (3)—break a bottle,	break bottle/glass/syringe/	$220
glass, syringe or glass receptacle	glass receptacle in
in a public bathing place under	bathing place and not
the control of the council, and	remove	i t
not collect and remove all portions of the bottle, glass, syringe or glass 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	damage/deface/pollute	$220
place under the control of the	bathing place/do act
council, do any act which	likely to damage/deface/
damages. defaces or pollutes the	pollute bathing place/
public bathing place or which is	thing relating to bathing
likely to damage, deface or	place
pollute the public bathing place or anything relating to the public bathing place
Section 632 (l)—in a public	fail to comply with	$110
place wi th in the area of a	notice in public place
council. fail to comply with the terms of a notice erected by the council
Section 633 (1)—in a place  being:
( a ) a public bathing place under	fail to comply with	$110

the control of a council. notice in bathing place

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
(b) a river, watercourse or tidal	fail to comply with	$110

or non-tidal water, notice in river/
watercourse/tidal/
non-tidal water

(c) the sea adjacent to (although fail to comply with $ 1 1 0

outside) an area. notice in sea

(d) a public place adjacent to fail to comply with $110

any of those places. notice near bathing
place/river/watercourse/
tidal/non-tidal water/sea

fail to comply with the terms of

a notice erected by the council

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 nude in bathin g place $110

the control of a council. (b) a river, watercourse or tidal nude in river/ $110

or non-tidal water, watercourse/tidal/
non-tidal water

(c)	the sea adjacent to (although	nude in sea	$110
outside) an area,

( d ) a public place adjacent to nude near bathing place/ $110

any of those places river/watercourse/tidal/
non-tidal water/sea

Section 637 (1)—wilfully or	wilful/negligent waste or	$220
negligently wasting or misusing	misuse of water
water from a public water supply
Section 642 (2)—after receiving a	commence to drink	$20
warning under section 642 (1),	alcohol after warning
commence to drink alcohol in an alcohol-free zone

Page 14

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 642 (2)—after receiving a	fail to stop drinking	$20
warning under section 642 (1),	alcohol after warning
fail to stop drinking alcohol in an alcohol-free zone
Section 642 (2)—after receiving a	resume drinking alcohol	$20
warning under section 642 (1),	after warning
resume drinking alcohol in an alcohol-free zone
Section 650 (1), (2) (a)-park	stand vehicle in area
vehicle in a free parking area	when area closed to
otherwise than as permitted by a	public
notice or sign relating to the time during which the public may use the free parking area
Section 650 (I). (2) (a)—park	stand vehicle in area
vehicle in a free parking area	longer than allowed
otherwise than as permitted by a notice or sign 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 stand vehicle in disabled

vehicle in a free parking area	persons parking space
otherwise than as permitted by a	without authority
notice or sign relating to the designation of a parking space within the free parking area as a space for the sole use of persons with disabilities

Section 650 (4) (a)—cause not stand vehicle in

vehicle to be parked in a free	marked parking	space
parking area otherwise than in a marked parking space

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

Local Government (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2	Column 3
Offence under Local	Prescribed expression	Penalty
Government Act 1993
Section 650 (4) (c)—cause	not stand vehicle wholly
vehicle to be parked in a free	in marked parking space
parking area in a marked parking space so that it is not wholly within that space
Section 650 (5)—fail to comply	fail to comply with
with direction of authorised	parking direction
person regarding parking of vehicle within a free parking area
Section 650 (5)—fail to comply	fail to comply with
with direction of authorised	vehicle movement
person regarding movement of	direction
vehicle within a free parking area

Note: The offences created by section 650 of the Act are prescribed as penalty notice offences under the Motor Traffic Regulations 1935 (see Regulation 130A and Part 7 of Schedule K to those Regulations).