Wallace Rockhole Community Government (Litter) By-laws 1988 (NT)

NORTHERN TERRITORY OF AUSTRALIA

Wallace Rockhole Community Government (Litter) By‑laws 1988

As in force at 14 October 1988

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] — Short title2 — Application3 — Definitions4 — Littering public place5 — Fouling public place6 — Causing &c, spread of litter7 — Littering from vehicles8 — Offences9 — Election to pay fixed penaltyElection to pay fixed penalty10 — Publication of By-lawsScheduleENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 October 1988

Wallace Rockhole Community Government (Litter) By‑laws 1988

By‑laws under the Local Government Act 2008

1Short title

These By-laws may be cited as the Wallace Rockhole Community Government (Litter) By-laws 1988.

2Application

These By-laws apply within the community government area.

3Definitions

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

community government area means the area described in clause 3 of the Wallace Rockhole Community Government Scheme.

council means the Wallace Rockhole Community Government Council.

land includes buildings or temporary structures other than a building or structure used exclusively as a private dwelling.

litter means litter, garbage, rubbish, drink cans, refuse or waste matter, and includes a dead animal.

public place means a place open to, or used by, the public.

4Littering public place

• (1)

  Subject to clause (2), a person shall not sweep, throw, spill, drop or otherwise place litter in or on a public place.

• (2)

  Clause (1) does not prevent the lawful placing of litter in:

  • (a)

    a rubbish bin provided by the council for that purpose;

  • (b)

    a rubbish bin or box or other container for household litter; or

  • (c)

    a garbage dump owned, operated or controlled by the council.

  5Fouling public place

  A person shall not foul a public place:

  • (a)

    by spitting, urinating or defecating in or onto it; or

  • (b)

    in any other manner.

  6Causing &c, spread of litter

  An occupier of land shall not cause or allow litter to be spread from the land onto a public place or adjoining land.

7Littering from vehicles

A person driving a vehicle on a road shall not permit or allow litter to fall or otherwise be dropped from the vehicle onto the road or land adjoining the road.

8Offences

A person who contravenes or fails to comply with these By-laws is guilty of an offence.

Penalty:          $200.

9Election to pay fixed penalty

• (1)

  Where it appears to an officer authorized by the council for the purposes of this by-law that a person has infringed any of these By-laws, 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 21 days beginning with the date on which it is served, pay the clerk of the council a penalty of $20.00 in respect of the infringement alleged.

• (3)

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

10Publication of By-laws

• (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.

   

Schedule

NORTHERN TERRITORY OF AUSTRALIA

WALLACE ROCKHOLE COMMUNITY GOVERNMENT COUNCIL (LITTER) BY-LAWS 1988

By-law 9

NOTICE OF INFRINGEMENT

To ...................................................……………………………………………….

(name)

of ...................................................………………………………………………...

(address if known)

You are alleged to have committed an offence against the above By-law by –

[  ]  littering a public place,

[  ]  fouling a public place,

[  ]  causing or allowing litter to spread from land,

[  ]  littering from a vehicle.

(tick box 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 $20.00.

If you choose option (b) you must pay the $20 to the clerk of the Wallace Rockhole Community Government Council, at the council office and within 21 days beginning with the date of service of this notice.

Dated ..../..../ 19....

........................……….

COUNCIL OFFICER

  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

Wallace Rockhole Community Government (Litter) By-laws
Notified	14 October 1988
Commenced	14 October 1988

• 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 10 and sch.