Coomalie Community Government By-laws 1998 (NT)

NORTHERN TERRITORY OF AUSTRALIA

Coomalie Community Government By‑laws 1998

As in force at 30 September 2020

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] — PreliminaryDivision 1 — General1 — Citation2 — Application of By‑laws3 — Crown to be bound4 — Definitions5 — Requirement to carry out work6 — Compliance with notice7 — Where notice not complied withDivision 2 — Plan of numbering in council area8 — Plan of numberingDivision 3 — Regulatory9 — Obstruction of officers, &c.10 — General penalty11 — Fixed penaltiesPart 2 — Litter, &c.Division 1 — Litter, &c.12 — Deposit of litter on land13 — Land to be cleared14 — Leaving glass, &c.Division 2 — Offensive matter, &c.15 — Deposit of offensive matter, &c.Division 3 — Overhanging trees and shrubs16 — Overhanging trees and shrubsScheduleENDNOTES northern territory of australia

northern territory of australia

As in force at 30 September 2020

Coomalie Community Government By‑laws 1998

By‑laws under the Local Government Act 2008

Part 1PreliminaryDivision 1General 1Citation

These By‑laws may be cited as the Coomalie Community Government By‑laws 1998.

2Application of By‑laws

These By‑laws apply to and have effect within the whole of the council area.

3Crown to be bound

These By‑laws bind the Crown in right of the Territory.

4Definitions

In these By‑laws, unless the contrary intention appears:

council means the Coomalie Community Government Council.

council area means the community government area constituted by the Coomalie Community Government Scheme.

litter includes garbage, rubbish, refuse, waste matter and a dead animal and vehicle bodies, machinery, implements and any other things that have been discarded.

premises includes land (whether built on or not), a building and a part of a building.

public place includes:

• (a)

  every place to which free access is permitted to the public with the express or tacit consent of the owner or occupier of the place;

• (b)

  every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;

• (c)

  every road, street, footway, court, alley, thoroughfare or cul de‑sac which the public are allowed to use, notwithstanding that the road, street, footway, court, alley, thoroughfare or cul‑de‑sac may be formed on private property; and

• (d)

  land reserved under a law of the Territory for the use of the public or a member of the public.

5Requirement to carry out work

• (1)

  Where the council requires work to be carried out under these By‑laws by the owner or occupier of land, the council, whether by an authorised person or an officer or employee of the council authorised for that purpose, may, by written notice served on the owner or occupier, require the owner or occupier at his or her own expense to execute the work and to do anything incidental to the work:

  • (a)

    in or of the materials;

  • (b)

    within the period;

  • (c)

    in the manner; or

  • (d)

    in the area,

  specified in the notice.

• (2)

  The council may require that work done in pursuance of a notice served under clause (1) is executed by qualified or licensed persons only.

• (3)

  The council may, when serving a notice under clause (1), indicate that the council will, if requested, carry out the work referred to in the notice at the expense of the person on whom the notice is served.

• (4)

  Without limiting the powers conferred on the council or other person under clause (1), the power to direct the manner of execution of work includes the power to require the person carrying out the work to pay to the council the amount the council thinks fit to provide security against any costs it may incur as a result of the execution of the work or to enter into a bond for payment to the council of that amount.

6Compliance with notice

A requirement of a notice served by the council under these By‑laws is to be complied with by the person on whom it is served.

7Where notice not complied with

• (1)

  The council may carry out work required by or under these By‑laws to be executed if the person required to execute the work fails to do so.

• (2)

  Where the council carries out work under clause (1), the cost to the council of carrying out the work is a debt due and payable by the person who was required to execute the work.

Division 2Plan of numbering in council area 8Plan of numbering

• (1)

  The council may adopt a plan or system of numbering areas of land adjacent to a road and may, in accordance with the plan or system:

  • (a)

    affix a number on a building or a front gate, post or fence on a part of the land adjoining the road or mark the number on the curb of the road bordering the land; or

  • (b)

    by notice in writing, require the owner or occupier of a part of the land adjoining the road to affix, in accordance with the notice, a number on a building or a front gate, post or fence on the land.

• (2)

  The council may, from time to time, alter the plan or system of numbering referred to in clause (1) and may:

  • (a)

    replace the number affixed or marked under that clause with a new number; or

  • (b)

    by notice in writing, require the owner or occupier of a part of the land adjoining the road included in the plan or system as amended to affix, in accordance with the notice, a new number on a building or a front gate, post or fence on the land.

• (3)

  A person who is required to affix or replace a number on a building, front gate, post or fence on land under clause (1) or (2) may obtain the number free of charge from the council.

• (4)

  A number specified in a notice referred to in clause (1)(b) or (2)(b) is to be affixed on a building, gate, post or fence in accordance with the notice not later than 7 days after the date of the notice.

• (5)

  Where an owner or occupier of land does not affix a number as required under clause (1)(b) or (2)(b), the council may enter the land referred to in the notice and affix the number.

Division 3Regulatory 9Obstruction of officers, &c.

A person who obstructs or hinders an authorised person or officer or employee of the council or a contractor or sub‑contractor to the council or an employee of the contractor or sub‑contractor in the proper execution of his or her work or duty under these By‑laws commits an offence.

10General penalty

A person who commits an offence against these By‑laws is, on being found guilty, liable to a penalty not exceeding $3,000 and, in addition, to a penalty not exceeding $100 for each day during which the offence continues after the day on which the offence was first committed.

11Fixed penalties

• (1)

  Notwithstanding by‑law 10, a person who is alleged to have committed an offence against these By‑laws and on whom a notice of infringement is served may pay to the council, as an alternative to prosecution, the sum specified by this by‑law instead of the penalty that may otherwise be imposed under by‑law 10.

• (2)

  For the purposes of this by‑law:

  • (a)

    a notice of infringement is to be in the form set out in the Schedule;

  • (b)

    a notice of infringement may be issued by an authorised person;

  • (c)

    the sum specified by this by‑law is $50;

  • (d)

    the sum specified by this by‑law may be paid to the clerk or to the person performing or carrying out the duties of the cashier of the council; and

  • (e)

    in order to avoid prosecution, the sum specified by this by‑law is to be paid not later than 14 days after the date of the service of the notice of infringement on the person.

  Part 2Litter, &c.

Division 1Litter, &c. 12Deposit of litter on land

• (1)

  A person must not deposit litter on land or allow litter to remain on land.

• (2)

  The owner or occupier of land must not deposit, or keep or allow to remain on the land, litter that is likely to attract vermin to the land or to form a harbourage for vermin unless the material is kept in a receptacle that is vermin proof.

• (3)

  A person who contravenes or fails to comply with clause (1) or (2) commits an offence.

13Land to be cleared

Where, in the opinion of the council, there is on land:

• (a)

  plants, grass or weeds:

  • (i)

    that are or are likely to become injurious, flammable or noxious; or

  • (ii)

    that have become unkempt; or

• (b)

  litter (including unsightly car bodies, machinery or other chattels),

the council may serve a notice under by‑law 5 on:

• (d)

  the occupier of the land; or

• (e)

  if the council is unable to ascertain the identity of the occupier – the owner of the land,

requiring the land to be cleared or tidied, litter to be placed in a vermin‑proof receptacle of a specified kind or the taking of any other action in relation to the clearance of the land.

14Leaving glass, &c.

• (1)

  A person who leaves or deposits any glass or other material likely to cause injury on a public place used for recreational purposes commits an offence.

• (2)

  Clause (1) does not apply in relation to material left or deposited in a litter bin on the public place.

• (3)

  An offence against clause (1) is a regulatory offence.

Division 2Offensive matter, &c. 15Deposit of offensive matter, &c.

• (1)

  A person must not place or caused to be placed household, commercial or industrial waste, refuse or garbage in a litter bin provided by the council on a public place.

• (2)

  A person must not:

  • (a)

    deposit or permit the deposit of waste food, peelings, fruit or other vegetable matter;

  • (b)

    throw, deposit or discharge an offensive or unwholesome matter or fluid; or

  • (c)

    deposit or permit the deposit of garbage or other litter,

  on a public place or other land under the control of the council unless it is placed in a container provided for the deposit of the waste matter or other litter.

• (3)

  A person must not use, deposit or discharge or cause to be used, deposited or discharged water or other matter, whether liquid or solid, in a place where it is likely to flow or discharge or encroach on or into a public place or other land controlled by the council.

• (4)

  A person who contravenes or fails to comply with clause (1), (2) or (3) commits an offence.

• (5)

  An offence against clause (1), (2) or (3) is a regulatory offence.

Division 3Overhanging trees and shrubs 16Overhanging trees and shrubs

If the council considers that a tree, shrub or plant growing on land is:

• (a)

  causing inconvenience;

• (b)

  an obstruction to persons using a public street or footpath; or

• (c)

  causing or likely to cause damage to an adjacent public place,

the council may serve a notice under by‑law 5 on the owner or occupier of the land to trim or remove the tree, shrub or plant.

Schedule

by‑law 11(2)(a)

Local Government Act 2008

Coomalie Community Government By‑laws 1998

NOTICE OF INFRINGEMENT

COOMALIE COMMUNITY GOVERNMENT COUNCIL

To:

(name of alleged offender)

of:

(address of alleged offender)

It is alleged that at                               at       am/pm on                        19   ,

(place)                                     (time)                  (date)

you committed an offence as indicated hereunder against the Coomalie Community Government By‑laws 1998:

By‑law:

Offence:

Amount of penalty: $50

In pursuance of by‑law 11 of the Coomalie Community Government By‑laws 1998 in order to avoid prosecution you may pay to the Coomalie Community Government Council, instead of the penalty by which the offence is otherwise punishable, the amount shown above to the person at the address shown on the reverse of this notice not later than 14 days after the date of service of this notice of infringement.

Dated                               19     .

Authorised person

If you do not wish the offence alleged on the front of this notice of infringement to be dealt with by the Local Court you should read and complete the following:

I,                                          of,

tender the amount shown on the front of this notice, being assured that on payment of that amount no further action will be taken by the council for this offence.

Signed:                                  Date:               19     .

THIS NOTICE MUST ACCOMPANY PAYMENT

(Back of form)

Payment of the amount in full must be made not later than 14 days after the date of service of this notice of infringement and must be accompanied by this notice.   Payment may be made between 8.00 am and 4.15 pm Monday to Friday (except public holidays):

in person –                             To the Cashier

Coomalie Community Government Council

141 Cameron Road

BATCHELOR

by post –                                 To the Clerk

Coomalie Community Government Council

PO Box 20

BATCHELOR NT 0845

On payment of the penalty you will not be liable for a further penalty or costs in this matter.

If you do wish the offence alleged on the front of this notice of infringement to be dealt with by the Local Court you need not take any further action in respect of this notice and proceedings will issue against you in due course.

The common seal of the Coomalie Community Government Council was affixed hereto pursuant to a resolution of the council passed on                      1998 authorising the seal to be affixed.

President

Clerk

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

Coomalie Community Government By‑laws
Notified	–
Commenced	16 December 1998
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date	6 April 2016
Commenced	1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 26 April 2016)
Coomalie Amenment By‑laws 2020 (SL No. 30, 2020)
Notified	30 September 2020
Commenced	30 September 2020

• 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 Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1 and 17 and sch 1.

• 4

  LIST OF AMENDMENTS

pt 3 hdg             rep No. 30, 2020, bl 4

bl 17                  rep No. 30, 2020, bl 4

sch                    amd Act No. 8, 2016, s 45