Penalties & Fines
Kentish Council is responsible for enforcing a number of Acts of Parliament and Council by-laws (the law) within the Kentish Municipal area, including but not limited to:
- Litter Act 2007
- Land Use Planning and Approvals Act 1993
- Local Government Act 1993
- Food Act 2003
- Public Health Act 1997
- Environmental Management and Pollution Control Act 1994
- Building Act 2016
Infringement Fact Sheet:
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 notice in full;
- Apply to the General Manager for the withdrawal of the Infringement Notice (Internal Review);
- Apply in writing to the General Manager to enter into a payment arrangement (Payment Plans);
- Lodge a notice of election for a court hearing with the General Manager.
Internal Review - Request for Withdrawal of Infringement
To submit an online application for review of an issued Infringement :
- Apply online
- Click here to apply for an internal review of an Infringement online.
- By email
- Click here to download a printable form. Scan completed form and copies of any supporting documents and email to: council@kentish.tas.gov.au
- By mail
- Click here to download a printable form. Mail the completed form and copies of any supporting documents to: PO BOX 63 Sheffield Tas 7306.
Application to Enter into Payment Arrangement
To request a payment agreement for an infringement please complete an Application for Payment Arrangement.
- By email
- Click here to download a printable form. Scan completed form and email to: council@kentish.tas.gov.au
- By mail
- Click here to download a printable form. Mail the completed form to: PO BOX 63 Sheffield Tas 7306.
Notice of Election for a 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.
- By email
- Click here to download a printable form. Scan completed form and email to: council@kentish.tas.gov.au
- By mail
- Click here to download a printable form. Mail the completed form to: PO BOX 63 Sheffield Tas 7306.
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the infringement notice or lodged a notice of election for a court hearing, and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence set out in the infringement notice, and the monetary penalty may be enforced under the Monetary Penalties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.
The Monetary Penalties Enforcement Act 2005, means any infringements issued by the Council that remains unpaid can be referred for collection using the State Government Monetary Penalty Enforcement Service (MPES).
After referral to the Director of MPES, Costs are payable to MPES for the filing and recovery which will be in addition to the original amount of the unpaid infringement depending on what enforcement MPES undertakes to collect the unpaid amount.
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 service can also publish the infringement defaulters name and address on a web page, which may affect the defaulters credit rating.
If your Infringement has been referred to Monetary Penalties Enforcement Service, you need to contact them on 1300 366 776 rather than contacting Council.