Alice Springs (Garbage Dumps) By-laws (NT)

NORTHERN TERRITORY OF AUSTRALIA

ALICE SPRINGS (GARBAGE DUMPS) by‑laws

As in force at 7 July 2003

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Definition3 — Delegation4 — Dispensations5 — Clerk to keep register6 — Garbage not to be dumped without licence7 — Council may establish dumps, &c.8 — Offences with respect to dumpsENDNOTES northern territory of australia

northern territory of australia

This reprint shows the By‑laws as in force at 7 July 2003.  Any amendments that commence after that date are not included.

Alice Springs (Garbage Dumps) By‑laws

By‑laws under the Local Government Act

1Citation

These By‑laws may be cited as the Alice Springs (Garbage Dumps) By‑laws.

2Definition

In these By‑laws, unless the contrary intention appears, dump means an area of land established by the council as a dump under by‑law 7(1) or (2) for the purposes of garbage disposal.

3Delegation

• (1)

  The council may, by resolution, delegate to an officer of the council any of its powers and functions under these By‑laws, other than:

  • (a)

    this power of delegation; and

  • (b)

    the power to grant a dispensation under by‑law 4.

• (2)

  A power or function delegated under this by‑law, when exercised or performed by the delegate, shall, for the purpose of these By‑laws, be deemed to have been exercised or performed by the council.

• (3)

  A delegation under this by‑law does not prevent the exercise of a power or the performance of a function by the council.

4Dispensations

The council may, at a meeting at which not less than two-thirds of the members are present, by resolution carried by a majority of members then in office, dispense with compliance by a person with these By‑laws or any part of them, and these By‑laws shall apply accordingly.

5Clerk to keep register

The clerk shall cause to be kept a register of:

• (a)

  delegations made under by‑law 3;

• (b)

  dispensations granted under by‑law 4; and

• (c)

  licences granted under by‑law 6(3),

by the Council.

6Garbage not to be dumped without licence

• (1)

  Where the council has notified that a person shall obtain a licence for the depositing or removal of garbage on or from a dump, a person, not being an employee or agent of the council acting within the course of his duties, shall not deposit garbage on or remove garbage from the dump without being the holder of a licence.

• (2)

  A person may apply in writing to the council for a licence to deposit garbage on or remove garbage from a dump, and the council may grant or refuse the application.

• (3)

  Where the council approves an application under clause (2), it may, on payment by the applicant of a fee of $10, issue a licence authorizing a person to use a dump owned, operated or controlled by the council.

• (4)

  A licence issued under clause (3) may be subject to such conditions as the council thinks fit and endorses on the licence.

7Council may establish dumps, &c.

• (1)

  The council may establish dumps for the deposit of garbage on land owned by or vested in or under the control of the council.

• (2)

  The council may make arrangements or enter into contracts with owners or occupiers of private land for the establishment of dumps or the depositing of garbage on that land.

• (3)

  Where a dump has been established under clause (1) or (2), the council shall, by resolution, determine:

  • (a)

    the location of the dump;

  • (b)

    the hours during which and the days on which the dump shall be open for the depositing of garbage;

  • (c)

    the class or classes of garbage which may be deposited on or removed from the dump;

  • (d)

    the manner in which garbage may be deposited on or removed from the dump.

• (4)

  Where a dump is established under this section, the council shall cause notice of the establishment to be published in a newspaper circulating in the municipality.

8Offences with respect to dumps

• (1)

  A person shall not deposit garbage on a dump:

  • (a)

    other than during the hours and on the days specified under by‑law 7(3);

  • (b)

    unless such garbage is of the class or classes specified by the council; or

  • (c)

    other than in the manner specified by the council under by‑law 7(3).

• (2)

  A person shall not:

  • (a)

    enter or remain on a dump except for the purpose of depositing garbage, unless he is:

    • (i)

      an employee or agent of the council acting within the course of his duties;

    • (ii)

      a contractor of the council or employee or agent of such contractor in the due performance of the contract; or

    • (iii)

      the holder of a licence under by‑law 6(3);

  • (b)

    remove garbage from a dump without a licence under by‑law 6(3);

  • (c)

    contravene or fail to comply with the terms of a licence under by‑law 6(3);

  • (d)

    contravene or fail to comply with the directions of a person authorized by the council to give directions in relation to the operation of a dump; or

  • (e)

    act in a disorderly or offensive manner on a dump.

  Penalty:          $500.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by‑law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Alice Springs (Garbage Dumps) By‑laws (SL No. 31, 1984)
Notified	6 June 1984
Commenced	6 June 1984
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date	7 July 2003
Commenced	7 July 2003

• 3

  LIST OF AMENDMENTS

bl 8                    amd Act No. 44, 2003, s 6