The Derwent Valley Council is responsible for enforcing a number of Acts of Parliament and Council by-laws (the law) within the Derwent Valley Council area, including:-
- Traffic (Road Rules) Regulations 1999 (Parking Restrictions)
- Litter Act 2007
- Food Act 2003
- Public Health Act 1997
- Environmental Management and Pollution Control Act 1994
- Building Act 2016
- Street Dining By-Law 2009
Options for Dealing with Infringement Notices
You must within 28 days of the date of service of an infringement notice do one of the following:-
- pay the infringement in full: please note the amount payable may increase after the due date printed on the front of the infringement has passed. Please read the section marked ‘Payment Details’ for further information;
- apply to the General Manager for the withdrawal of the infringement notice;
- apply in writing to the General Manager to enter into a payment arrangement;
- lodge a notice of election for a court hearing.
Infringements are payable within 28 days of the date of issue. After the expiration of 28 days and before referral to the Monetary Penalties Enforcement Service, recovery proceedings will commence and the amount payable will increase in respect of all offences.
Please note that the amount payable may increase after the due date on the front of the infringement notice has expired.
In person at the Council administration affices, Circle Street New Norfolk, 8.15am to 5.00pm Monday to Friday.
Monetary Penalties Enforcement
Under the Monetary Penalties Enforcement Act 2005, a person issued with an infringement notice who does nothing about the infringement will be deemed to have been convicted of the offence and collection of the penalty can proceed. Unless the person issued with an infringement notice actually elects to have the matter heard in court, or Council initiates court proceedings, there will be no court hearing.
The Monetary Penalties Enforcement Act 2005, means any infringements issued by the Council that remains unpaid can be collected using the State Government Monetary Penalty Enforcement Service.
This service has a number of options for recovery of non-paid infringements which include:-
- suspension of driver's licence or car registration until the amount outstanding is paid;
seizure of goods or deduction from wages to the value of the unpaid infringement.
The srvice can also publish the infringement defaulters name and address on a web page, which may affect the defaulters credit rating.
If you receive an infringement notice you must within 28 days of the date of issue of the infringement notice do one of the following:-
- pay the infringement notice in full;
- apply in writing to the General Manager for the withdrawal of the infringement notice;
- apply in writing to the General Manager to enter a payment arrangement; or
- if you wish to have the offence(s) to which this infringement notice relates determined by a court, you must lodge a written notice with the General Manager to elect a court hearing.
Forms for notice of election, application to withdraw or to enter into a payment arrangement are available from this web page or from the Council administration offices (see contact details below).
If, after 28 days, you have not lodged a notice of election for a court hearing and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the infringement notice and the monetary penalty may be enforced under the Monetary Penalties Enforcement Act 2005.
Please call the Monetary Penalties Enforcement Service direct on 1300 366 776 if you have any questions about the role or powers of the Service.
Requests for Withdrawal, Payment Arrangement or Election of a Court Hearing
Completed forms should be returned:-
- in person to the Council administration offices, Circle Street New Norfolk;
- by post to PO Box 595, New Norfolk Tas 7140; or
- via email to firstname.lastname@example.org
Request for Withdrawal
To request the withdrawal of an infringement, please complete an investigation request form. Please note investigations cannot be undertaken unless all sections of the form are completed.
Please ensure that you attach any additional information and / or photographs or supporting documentation you wish to have considered.
Application to Enter into Payment Arrangement
To request a part payment agreement for an infringement please complete an Application for Payment Arrangement. Please note that the infringement must be paid in full within 63 days from the date of the infringement. Requests for part-payment will not be accepted unless all sections of the form are completed.
Election of Court Hearing
To request a court hearing for an infringement, you are required to complete a notice of election for a court hearing.
Please note a court hearing cannot be elected unless all sections of the form are completed correctly.
Deemed Conviction and Enforcement
If after 28 days you have not either paid the infringement notice or lodged a notice of election for a court hearing, and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence set out in the infringement notice, and the monetary penalty may be enforced under the Monetary Penalties Enforcement Act 2005.
After referral to the Director, Monetary Penalties Enforcement Service, Costs are payable to Monetary Penalties for the filing and recovery which will be in addition to the unpaid infringement amount.