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By Laws

A By Law is a regulation made by a local authority.

Please use the drop down menus below to find more information and copies of By Law’s relevant to Break O’Day.

Proposed Environmental Health By-law 2023 & Regulatory Impact Statement

Public comments are invited for the proposed Environmental Health By-law 2023. The objectives of the by-law are:

  1. To ensure that materials delivered to Council’s waste disposal are disposed of correctly.
  2. To ensure that Council’s kerbside household waste and recycling services operate in an effective manner and residents do not create a nuisance through improper usage of mobile garbage and recycling bins.
  3. To ensure that animals and poultry are not kept whereby they create a nuisance and that the animals and poultry are housed correctly.
  4. To ensure that where caravans are being occupied for extended periods that there is no impact on local amenity, public health or the environment. Where occupancy is permitted there are minimum standards of sanitation.
  5. To protect the health of the community and ensure fires do not cause nuisance from smoke emissions. The By-law provides clarity on what type of burning is prohibited and allows for easier enforcement rather than relying on proving that a fire is creating a nuisance.
  6. To provide for the enforcement of the By-law and setting penalties for breaches of the By-law provisions

Potential Impact of the By-law

The rules for managing waste outlined in the By-law will be enforced for all properties that have a kerbside collection service as well as for customers who use the refuse disposal sites. Specific limitations are placed regarding the types of materials that can be disposed of in both wheelie bins and refuse disposal sites.

The By-law requires farm animals only to be kept on properties that have an area greater than 1000 square metres within the General Residential Zone. Also, the number of poultry kept is restricted within the residential zone and poultry must be a minimum distance from neighbouring properties. The By-law requires animals (other than cats and dogs) not to be allowed to stray onto neighbouring properties. The By-law prohibits the keeping of roosters in residential zones and requires the keeper of animals and poultry to ensure that they are housed in a clean and sanitary environment. The By-law also limits the number of beehives that can be kept on a property with respect to the size of the lot.

A caravan on land requires a license and an annual fee must be paid unless it is stored on a property with a residence or in a designated caravan park or overnight motorhome parking area.

Allow an Authorised Officer to direct a person to extinguish a fire that is creating a nuisance. The authorised officer may request the fire brigade to extinguish the fire at the owner’s expense. This Part does not apply to fire hazard reduction burning.

View the Proposed by-law and regulatory impact statement

  • The proposed by-law can be viewed here
  • The Regulatory Impact Statement can be viewed here
  • Frequently Asked Questions (FAQ) can be viewed here

Questions and Feedback Submission

For further information please contact Jake Ihnen on 03 6376 7900 or by emailing

Submissions on the by-law must be received prior to the close of business Friday 6th October and may be made in writing addressed to the General Manager, Break O’Day Council 32-34 Georges Bay Esplanade, St Helens TAS 7216 or by email to