Wellington Park Amendment Act 2001 (TAS)

Wellington Park Amendment Act 2001

An Act to amend the Wellington Park Act 1993

[Royal Assent 26 April 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Wellington Park Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Wellington Park Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting the definition of tower ; (b) by omitting the definition of wayleave easement ; (c) by omitting the definition of works and substituting the following definition: works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil. 5Section 32 amended (Leases, licences, &c., relating to land within Wellington Park) Section 32 of the Principal Act is amended by inserting "or to undertake any commercial activity" after "land". 6Part 4: Divisions 3, 4 and 5 repealedDivisions 3, 4 and 5 of Part 4 of the Principal Act are repealed. 7Part 5, Division 1: Heading inserted Part 5 of the Principal Act is amended by inserting the following heading before section 63 : Miscellaneous 8Part 5, Division 2 insertedAfter section 71 of the Principal Act , the following Division is inserted in Part 5: Division 2Infringement notices 71AService of infringement notices (1)  An authorized officer may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence against this Act. (2)  An infringement notice – (a) is not to relate to 4 or more offences; and (b) is not to be served on a person under the age of 18 years. 71BForm of infringement notice (1)  An infringement notice is to – (a) be in a form approved by the Trust; and (b) specify – (i) the prescribed offence to which it relates; and (ii) the prescribed penalty for that offence; and (iii) the total amount payable; and (iv) the place at which the penalty is to be paid; and (v) any other prescribed details. (2)  An infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so the person may be prosecuted for the offence to which the notice relates. 71CAcceptance of infringement notice A person may accept an infringement notice by – (a) paying the total amount payable at a place specified in the notice within 21 days after being served with the notice; or (b) lodging at the place specified in the notice within 21 days after being served with the notice a written undertaking to pay the amount payable. 71DExtension of acceptance period If an infringement notice is not accepted before the period referred to in section 71C expires, a clerk of petty sessions may allow a further period of 14 days commencing on that expiry for the acceptance of that notice. 71EPayment (1)  If a person undertakes under section 71C(b) to pay any amount payable under an infringement notice, a clerk of petty sessions may determine the period, not exceeding 63 days from the day on which the notice was served, within which the amount must be paid. (2)  A person may make representations to a clerk of petty sessions in relation to the ability to pay the amount. (3)  A clerk of petty sessions is to take the person’s representations into account before determining the period within which the amount is to be paid. (4)  If a person fails to pay any amount in accordance with an undertaking, the same proceedings may be taken against the person in respect of the amount remaining outstanding as if it were a penalty imposed on the person on summary conviction. 71FEffect of acceptance (1)  The acceptance of an infringement notice is not an admission of liability in any civil proceedings. (2)  Proceedings against a person for an offence to which an infringement notice relates that has not been withdrawn must not be brought – (a) if the person accepts the infringement notice; or (b) within – (i) 28 days after the notice was served, if the person has not been allowed a further period under section 71D; or (ii) 42 days after the notice was served, if the person has been allowed a further period under section 71D. 71GWithdrawal of infringement notice (1)  A member of the Trust or any person authorised by the Trust may withdraw an infringement notice served on a person if of the opinion that – (a) the infringement notice should not have been served; or (b) the person should be proceeded against for the offence to which the notice relates. (2)  An infringement notice may be withdrawn whether or not it has been accepted. (3)  An infringement notice is to be withdrawn – (a) by serving on a person a notice stating that the infringement notice has been withdrawn; and (b) within 108 days after the service of the infringement notice. (4)  A clerk of petty sessions or the Trust must repay to a person any amount paid by that person in respect of an infringement notice that is withdrawn. 71HPayments Any payment made in respect of an infringement notice is payable to the Trust. 9Section 74 amended (Adjustment of State forest, &c.) Section 74 of the Principal Act is amended as follows: (a) by omitting the definition of timber reserve from subsection (1) ; (b) by omitting subsection (3) ; (c) by omitting from subsection (4) "or timber reserve by virtue of subsection (2) or (3) " and substituting "under subsection (2)". 10Section 74A insertedAfter section 74 of the Principal Act , the following section is inserted in Part 6: 74ACouncil by-laws not apply Any by-laws made by a council under the Local Government Act 1993 do not apply to Wellington Park. 11Section 79 amended (Regulations with respect to Wellington Park) Section 79(7) of the Principal Act is amended by omitting paragraphs (a) and (b) .

[Second reading presentation speech made in:

House of Assembly on 29 MARCH 2001

Legislative Council on 4 APRIL 2001]