Borroloola Community Government Council (Garbage And Removal And Destruction Of Animals) By-laws 1989 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Borroloola Community Government Council (Garbage and Removal and Destruction of Animals) by-laws 1989
As in force at 30 June 1989
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 June 1989
Borroloola Community Government Council (Garbage and Removal and Destruction of Animals) by-laws 1989
By‑laws under the Local Government Act 2008
These By-laws may be cited as the
These By-laws apply within the Borroloola community government area.
In these By-laws, unless the contrary intention appears:
The council shall provide a service for the collection and removal of garbage (other than garbage in bulk) from land in the community government area, and shall publish details of the service:
(a) on the council’s notice board and such other notice boards in the area as the council thinks fit; and
(b) from time to time, in a newspaper circulating generally in the area.
The council may determine by resolution a basic charge to be paid by the occupier of land for the garbage service provided under by‑law 4, and that charge shall cover the collection and removal from the land in respect of which it is payable of the contents of 2 receptacles twice in each week.
(1) The council may provide a service for the removal from land in the community government area of garbage in bulk.
(2) An owner or occupier of land may apply to the clerk of the council for the service provided under clause (1), and shall pay therefor such charge as the council by resolution determines.
(1) An occupier of land shall:
(a) provide on the land one or more removable rubbish bins for the purpose of holding all garbage produced on the land, each of which shall:
(i) have a capacity of not more than 85 litres;
(ii) be moisture proof and vermin proof;
(iii) have a close fitting lid; and
(iv) be fitted with handles for convenience in moving and emptying it;
(b) maintain each rubbish bin in good order and condition and not cause or permit it to attract or harbour flying insects or vermin, to become unsightly or cause an offensive odour, or other-wise to become or cause a danger to public health or to interfere with or affect the comfort of persons occupying, using or passing through or along neighbouring land;
(c) ensure that the lid of each rubbish bin is at all times kept closely fitted to the bin except where the lid is removed for the purpose of placing garbage in the bin or removing garbage from it;
(d) subject to clause (2), ensure that garbage produced on the land is placed in a rubbish bin;
(e) cause all wet garbage to be effectively wrapped before it is placed in a rubbish bin;
(f) where required by an authorized officer or an order of the council, indelibly mark or paint on the lid and body of each rubbish bin the number of the lot of land occupied by him, his name and such other information as is required by the officer or order;
(g) on the days and at the times notified by the council in accordance with by-law 4:
(i) cause each rubbish bin to be placed (subject to clause (3)) on the footpath outside the land in such a position as to enable the garbage collector access to the contents of it; and
(ii) replace each bin, or cause it to be replaced, on the land after the contents have been removed; and
(h) cause each rubbish bin to be thoroughly cleansed with antiseptic not less than once in each 4 week period.
(2) Clause (1)(d) does not prevent the lawful destruction by fire of litter capable of being so destroyed.
(3) Clause (1)(g)(i) does not require the placing of a rubbish bin on the footpath outside the land if it can instead be so placed immediately inside the boundaries of the land as to be clearly visible and conveniently reached from the road, and the clerk of the council may, in the special circumstances of a particular case, approve the placing of a bin in any other position.
A person shall not touch, use, remove, mark, damage or otherwise interfere with a rubbish bin provided pursuant to by-law 7 unless he is:
(a) the occupier of the land for which the receptacle is provided or his servant or agent;
(b) a servant or agent of the council acting within the scope of his duties as such; or
(c) a contractor with the council, or his servant or agent, acting in due performance of the contract.
A person engaged in the removal or collection of garbage on behalf of the council shall, after emptying the contents of a rubbish bin, replace the lid tightly on it and return it to its former location.
(1) The council may by notice in writing require the owner of:
(a) a diseased or injured animal, whether it is upon private land or in a public place; or
(b) an animal which is at large in a public place so that, if left at large, it is likely to be a danger to the safety of members of the public,
immediately to destroy, remove or otherwise dispose of the animal.
(2) A notice under this by-law shall not require unreasonably the destruction of an animal.
If an animal dies or is found dead in a public place, the council may cause it to be removed or destroyed.
(1) If an animal dies or is found dead on private land, the occupier of the land shall, unless he himself disposes of the carcass, notify the clerk of the council as soon as is practicable.
(2) Upon receipt of a notice under clause (1), the council may cause the carcass of the animal to be removed or destroyed, and for this purpose an authorized officer may enter on private land.
Notwithstanding anything contained in this Part, the council may, without notice to the owner of a dead, diseased or injured animal, or of an animal which is at large in a public place so that it is likely to be a danger to the safety of members of the public, cause the carcass or animal to be removed or destroyed, and for this purpose an authorized officer may enter on private land.
Where, in pursuance of this Part, the council causes the removal or destruction of an animal or a dead animal, it may dispose of the animal or its carcass.
Where, in pursuance of any of this Part, the council incurs any expense in removing, destroying or disposing of an animal or its carcass, the council may recover the expense from the owner of the animal.
For the purposes of this Part, and in the absence of any denial, the occupier of land on which an animal or a dead animal is found shall be deemed to be the owner thereof.
A person shall not obstruct, hinder or impede an authorized officer, or a person acting in good faith assisting an authorized officer, in the exercise of the powers or the performance of the functions conferred or imposed under these By-laws on that authorized officer.
A person who contravenes or fails to comply with these By-laws is guilty of an offence.
Penalty: $200.
(1) Section 57 of the
Interpretation Act 1978 does not apply to these By-laws.(2) Copies of these By-laws shall be available for inspection by members of the public during office hours at the office of the council.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 30 June 1989 |
Commenced | 30 June 1989 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
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