Angurugu Community Government Council (Water Pollution) By-laws 1987 (NT)

NORTHERN TERRITORY OF AUSTRALIA

ANGURUGU COMMUNITY GOVERNMENT COUNCIL (WATER POLLUTION) BY-LAWS

As in force at 6 May 1987

TABLE OF PROVISIONS

By-law

1.          Citation
               2.          Meaning of protected waters
               3.          Offences in relation to protected waters
               4.          Election to pay fixed penalty

SCHEDULE

Notes

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the By-laws as in force at 6 May 1987.  Any amendments that may come into operation after that date are not included.

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ANGURUGU COMMUNITY GOVERNMENT COUNCIL (WATER POLLUTION) BY-LAWS

By-laws under the Local Government Act

1. Citation

   These By-laws may be cited as the Angurugu Community Government Council (Water Pollution) By-laws.  (See back note 1)

2. Meaning of protected waters

   In these By-laws, "protected waters" means those waters of the Angurugu community government area which are upstream from the site of a disused bridge approximately 300 metres west of the pump house on Angurugu Creek.

3. Offences in relation to protected waters

   (1)      A person shall not without lawful authority or excuse –

   (a)enter any part of the protected waters;

   (b)cause or permit any animal under his control to enter any part of the protected waters;

   (c)wash any article in any part of the protected waters; or

   (d)do, or cause or permit the doing of, any other thing which pollutes any part of the protected waters.

   Penalty:$200.

   (2)      A prosecution for an offence against clause (1) may be instituted in the name of the Angurugu Community Government Council by the clerk of the Council.

4. Election to pay fixed penalty

   (1)      Where it appears to an officer of the Angurugu Community Government Council that a person has infringed by-law 3(1), the officer may serve on that person a notice of infringement in accordance with the form in the Schedule.

   (2)      A person on whom a notice of infringement is served may, within a period of 14 days beginning with the date on which it is served, pay to the clerk of the Council a penalty of $20 in respect of the infringement alleged.

   (3)      A prosecution shall not be brought against a person for an infringement of by-law 3(1) in respect of which he has paid a penalty in accordance with clause (2).

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SCHEDULE

By-law 4(1)

Angurugu Community Government Council (Water Pollution) By-laws

NOTICE OF INFRINGEMENT

To ..........................……………………. of .......………………………..................

(name)  (address, if known)

You are alleged to have committed an offence against by-law 3(1) of the above By-laws by –

[ ]  entering protected waters;

[ ]  causing or permitting an animal to enter protected waters;

[ ]  washing ...…………………...................................... in protected waters;

 (general description of article(s) concerned)

[ ]  polluting protected waters by ............................................................................

    (brief description of act done, caused or permitted)

(tick box above as appropriate)

The offence is alleged to have taken place at ................…………………………...
  (place)
on .................…………………………………....... at …………….........................

(date)  (time)

You may choose to have the alleged offence –

(a)      prosecuted in a court of competent jurisdiction; or

(b)      disposed of without prosecution by paying a fixed penalty of $20.

If you choose option (b), you must pay the $20 to the clerk of the Angurugu Community Government Council, at the council office and within 14 days beginning with the date of service of this notice.

Dated ...../...../19....

Council Officer

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Notes

1. The Angurugu Community Government Council (Water Pollution) By-laws, under the Local Government Act, the details of which are specified in the following table:

By-Law	Date Made	Date notified in the Gazette	Date of commencement
Angurugu Community Government Council (Water Pollution) By-laws (1987, No. 15)	18 Feb 1987	6 May 1987	6 May 1987

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