The Clarence City Council in southern Tasmania is pushing ahead with a by-law that allows it to ban people from public places, despite concern from the Tasmania's Police Commissioner that it may "impinge against people's civil liberties".
Opponents of the by-law have warned it also bans activities such as beach cricket without a permit.
As reported by the ABC, the change to the Public Places By-Law gives the Council's General Manager power to ban an individual from a specific place if they are repeatedly causing a public nuisance.
In a submission in February, Tasmanian Police Commissioner Darren Hine said the consultation draft did not adequately define the operation, scope or limitations of "such a strong new power".
In a statement, the Council’s acting General Manager, Ian Nelson, said the Council had been undertaking a 10-year review of the Public Places By-Law as required by legislation, and other Councils had similar provisions.
The by-law also states that a person in a public place must not conduct any sporting activity without a permit, that a person in a public place must not play or practice ball games unless in an area designation for that purpose and that the organisation or participation in an ‘assembly’ or rally also requires a permit or licence.
Peter McGlone from the Tasmanian Conservation Trust said people would be shocked at how many activities needed a permit.
Peter Edwards with the Rosny Hill Friends Network described the by-law around public assembly as "over the top".
Edwards added “they are trying to crack down on protests, because there have been four or five major rallies on the Eastern Shore recently.
"That is a threat to democracy, that is a threat to our freedom of speech."
Nelson said the Council had a duty to regulate public places and as part of that, required groups and organisations to seek permission to use a public place for formally organised group activities, concluding "informal use of public places for uses such as beach cricket, picnics and informal group activities does not, and will not, require a permit or licence."
Image: Clarence City Council's plans coulc ban activities such as beach cricket without a permit.