{"id":"alice-springs-waste-management-facility-bylaws-2013","name":"ALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013","slug":"alice-springs-waste-management-facility-by-laws-2013","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174221,"registerId":"nt-alice-springs-waste-management-facility-bylaws-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013\nAs in force at 28 May 2014\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Enactment and repeal ..................................................................... 1\n3 Definitions ........................................................................................ 1\n4 Application ....................................................................................... 2\n5 Entry ................................................................................................ 2\n6 Load inspections.............................................................................. 2\n7 Proof of identity................................................................................ 2\n8 Directions......................................................................................... 2\n9 Signage ........................................................................................... 3\n10 No scavenging ................................................................................. 3\n11 No tampering ................................................................................... 3\n12 No fire .............................................................................................. 4\n13 No animals....................................................................................... 4\n14 Abuse of employee .......................................................................... 4\n15 Hindering or obstructing employee .................................................. 4\n16 Regulatory offence .......................................................................... 4\n17 Penalties .......................................................................................... 4\n18 Infringement notices ........................................................................ 5\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 May 2014\n____________________\nALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013\nBy-laws under the Local Government Act 2019\n1 Citation\nThese By-laws may be cited as the Alice Springs (Waste\nManagement Facility) By-laws 2013.\n2 Enactment and repeal\n(1) These by-laws were made by special resolution of the Alice Springs\nTown Council on the 25th day of November 2013 pursuant to\nPart 13.1 of the Local Government Act 2008.\n(2) The Alice Springs (Garbage Dumps) By-laws 1984 (Subordinate\nLegislation No. 31 of 1984) are repealed.\n3 Definitions\nIn these By-laws:\nAct means the Local Government Act 2008.\nCouncil means the Alice Springs Town Council.\nemployee means a Facility employee irrespective of whether the\nFacility is operated by Council or a contractor and includes the\nmanager.\nFacility means the Alice Springs Waste Management Facility\nsituated within and upon Lot 7902 Commonage Road, Alice Springs\nand such other public waste management facility landfill or garbage\ndump however described which may be established by Council\nfrom time to time.\nmanager means the manager of the Facility from time irrespective\nof whether the manager is an employee of Council or of a\ncontractor engaged by Council to operate the Facility.\nmunicipality means the municipality of Alice Springs; and\n\nAlice Springs (Waste Management Facility) By-laws 2013 2\ntip shop means the shop on or attached to the Facility where\ngoods are sold.\n4 Application\nThese By-laws apply in and to the Facility.\n5 Entry\n(1) A person must not, without reasonable excuse, enter the Facility\nother than:\n(i) through the public entrance;\n(ii) at the times that it is open to the public; and\n(iii) on payment of any applicable fee.\n(2) A person who contravenes clause (1) is guilty of an offence.\n6 Load inspections\n(1) A condition of entry into the Facility shall be that a person driving a\nvehicle is deemed to have agreed to an employee inspecting any\nload carried or towed by the vehicle on the Facility.\n(2) A person must comply with a request from an employee to so\ninspect a load.\n(3) A person who does not comply with a request given under\nclause (2) is guilty of an offence.\n7 Proof of identity\n(1) A further condition of entry into the Facility shall be that a person\nwhen in the Facility is deemed to have agreed to state that person's\nname, address and date of birth if requested to do so by an\nemployee.\n(2) A person when in the Facility must state the information referred to\nin clause (1) if requested to do so by an employee.\n(3) A person who does not without reasonable excuse comply with a\nrequest given under clause (2) is guilty of an offence.\n8 Directions\n(1) An employee may give to a person on the Facility a direction\nnecessary or convenient for the management of the Facility.\n\nAlice Springs (Waste Management Facility) By-laws 2013 3\n(2) The direction:\n(a) must relate to the activity of the person when on the Facility\nincluding, for example:\n(i) the movement (including speed), parking or placing of a\nvehicle or machinery on the Facility;\n(ii) the location at which particular types of waste material\nmay be deposited on the Facility; or\n(iii) the manner in which waste material may be deposited\non the Facility; or\n(b) may require the person to leave the site.\n(3) The person to whom the direction is given must not, without\nreasonable excuse, fail to comply with the direction.\n(4) A person who contravenes clause (3) is guilty of an offence.\n9 Signage\n(1) A person must comply will all signs, notices and printed directions\nsituated within and upon the Facility to the extent that that sign,\nnotice or printed direction requires the person to do, or refrain from\ndoing, any act or thing.\n(2) A person who, without reasonable excuse, contravenes clause (1)\nis guilty of an offence.\n10 No scavenging\n(1) A person must not, without a permit, remove waste material of any\nkind from the Facility.\n(2) Clause (1) does not apply to material acquired through the tip shop.\n(3) A person who, without reasonable excuse, contravenes clause (1)\nis guilty of an offence.\n11 No tampering\n(1) A person must not tamper with:\n(a) a fence or gate to the Facility;\n(b) plant, structure or a vehicle on the Facility; or\n(c) waste material on the Facility;\n\nAlice Springs (Waste Management Facility) By-laws 2013 4\nwithout the permission of the manager.\n(2) A person who, without reasonable excuse, contravenes clause (1)\nis guilty of an offence.\n12 No fire\n(1) A person must not cause a fire on the Facility without the\npermission of the manager.\n(2) A person who contravenes clause (1) is guilty of an offence.\n13 No animals\n(1) A person must not bring any animal on to the Facility.\n(2) Clause (1) applies irrespective of whether or not the animal is\ncontained in a vehicle.\n(3) A person who, without reasonable excuse, contravenes clause (1)\nis guilty of an offence.\n14 Abuse of employee\n(1) A person must not threaten, intimidate or use abusive language\nagainst an employee carrying out duties in the course of\nemployment.\n(2) A person who contravenes clause (1) is guilty of an offence.\n15 Hindering or obstructing employee\n(1) A person must not hinder or obstruct an employee carrying out\nduties in the course of employment.\n(2) A person who contravenes clause (1) is guilty of an offence.\n16 Regulatory offence\nAny offence against these By-laws is a regulatory offence.\n17 Penalties\nA person who is guilty of an offence against these By-laws is liable\nto a penalty not exceeding 100 penalty units for an individual or\n500 penalty units for a body corporate and, in addition, to a penalty\nnot exceeding 5 penalty units for an individual or 25 penalty units\nfor a body corporate for each day during which the offence\ncontinues.\n\nAlice Springs (Waste Management Facility) By-laws 2013 5\n18 Infringement notices\n(1) Despite by-law 17, as an alternative to prosecution, a person who is\nalleged to have contravened or failed to comply with a by-law\nspecified in column 1 of the Schedule may be served with an\ninfringement notice under which the person may pay to the Council\na sum (in this By-law 18, a fixed penalty) in lieu of the penalty by\nwhich the infringement of that By-law is otherwise punishable.\n(2) For the purposes of this By-law 18:\n(a) the sum specified in column 3 of the Schedule is the fixed\npenalty payable under an infringement notice for an\ninfringement of the By-law specified opposite in column 1, and\ngenerally described opposite in column 2, of the Schedule;\n(b) an infringement notice is to be in a determined form and\ninclude:\n(i) the name of the alleged offender;\n(ii) in general terms, the nature of the offence alleged to\nhave been committed;\n(iii) the date, time and place of the alleged offence;\n(iv) the amount of the fixed penalty; and\n(c) the period within which, and the place where, the fixed penalty\nmay be paid.\n(d) an infringement notice may be issued and served by an\nauthorised person; and\n(e) the fixed penalty specified in an infringement notice is to be\npaid to Council within 14 days of the date on which the\ninfringement notice is served on the alleged offender.\n(3) An infringement notice is to also contain the statements to the\neffect:\n(a) that the alleged offender may expiate the offence and avoid\nenforcement action under the Fines and Penalties (Recovery)\nAct 2001) (in this By-law 18, the Act) if that person pays the\nfixed penalty to Council within 14 days of service of the\ninfringement notice;\n(b) that if the alleged offender pays the fixed penalty within the\nperiod specified in the infringement notice, Council will take no\nfurther action in relation to the offence;\n\nAlice Springs (Waste Management Facility) By-laws 2013 6\n(c) that the alleged offender may, if he or she so wishes, be dealt\nwith a court of competent jurisdiction by electing under\nsection 21 of the Act to have the matter dealt with by a court\ninstead of under that Act by completing a statement of election\nand serving it on Council:\n(i) at any time before a courtesy letter under the Act is\nserved on the alleged offender; or\n(ii) if a courtesy letter is served on the alleged offender,\nbefore the due date specified in that letter;\n(d) that if the alleged offender does not pay the fixed penalty\nwithin the period specified in the infringement notice and does\nnot within that period serve on Council a statement of election\nunder the Act:\n(i) the Act will apply and the alleged offender may be\nserved with a courtesy letter in accordance with that Act\nrequiring payment of the fixed penalty together with the\ncosts in respect of the issue of that letter; and\n(ii) if the alleged offender does not make the payment as\nrequired by a courtesy letter, enforcement action may be\ntaken against him or her under the Act which, after due\nprocess, may result in the suspension of the alleged\noffender's licence to drive, the seizure of property, the\ndeduction of wages or salary, the registration of a\nstatutory charge on land, a community work order or\nimprisonment if a community work order is breached;\n(4) An infringement notice is to also contain a statement of election\nunder the Act that includes the information required by\nregulation 7(1) of the Fines and Penalties (Recovery)\nRegulations 2001.\n(5) A fixed penalty may be expressed by way of penalty units including\nfractions of a penalty unit.\n\nSchedule\nAlice Springs (Waste Management Facility) By-laws 2013 7\nSchedule\nBy-law 18\nFIXED PENALTIES\nColumn 1\nBy-law\nColumn 2\nGeneral Description of Offence\nColumn 3\nPenalty\nunits\n5(2) Entering Facility other than through public\nentrance at times when open to public on payment\nof applicable fee\n10\n6(3) Failing to comply with request to inspect load 3\n7(3) Failing with request to state name, address and\ndate of birth\n3\n8(4) Failing to comply with direction 3\n9(2) Failing to comply with sign 3\n10(3) Removing waste material without permit 1\n11(2) Tampering with equipment or waste material 10\n12(2) Causing a fire 100\n13(3) Bringing animal 1\n14(2) Abusing employee 3\n15(2) Hindering or obstructing staff 3\n\nSchedule\nAlice Springs (Waste Management Facility) By-laws 2013 8\nThese by-laws were made by special resolution of the Alice Springs\nTown Council at its Ordinary meeting on the 25th day of\nNovember 2013.\nRex Roger Mooney\nCHIEF EXECUTIVE OFFICER\n\nENDNOTES\nAlice Springs (Waste Management Facility) By-laws 2013 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAlice Springs (Waste Management Facility) By-laws 2013 (SL No. 49, 2013)\nNotified 28 May 2014\nCommenced 28 May 2014\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 3, 18, 59 and 82.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These by‑laws replace the earlier 1984 garbage dump by‑laws (see clause 2(2)) and modernise facility management rules (entry conditions, inspections, identity requests, permit for scavenging, employee powers, and a fixed‑penalty schedule). The instrument remains narrowly focused on operational regulation of the Alice Springs Waste Management Facility and does not materially broaden its subject‑matter beyond the original purpose of controlling access, conduct and enforcement at the municipal waste site."},"complexity_factors":["18 substantive by‑laws plus a Schedule setting fixed penalties (concise instrument)","About 7 defined terms in the interpretation section (Act, Council, employee, Facility, manager, municipality, tip shop)","Multiple cross‑references to external legislation (Local Government Act 2008; Fines and Penalties (Recovery) Act 2001 and its regulations) (clauses 2 and 18)","Repeated 'without reasonable excuse' qualifier creates low‑level conditionality throughout (clauses 5–15)","Use of legal fictions: entry 'deemed to have agreed' to inspections and to provide identity (clauses 6–7)","Manager/employee discretion to give directions and permit activities (clauses 8, 11) — practical complexity in administration rather than drafting complexity","Fixed‑penalty scheme pairs particular clauses to penalty unit amounts in the Schedule (mapping of offences to penalties)"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Applies to the Alice Springs Waste Management Facility and any other public waste facility the Council establishes (clause 3, definition of \"Facility\"; clause 4).\n- Makes entry to the Facility conditional on using the public entrance, being there during open hours and paying any applicable fee (clause 5).\n- Treats entry as consent to certain controls: drivers are deemed to have agreed to have their vehicle loads inspected (clause 6) and all persons are deemed to have agreed to give name, address and date of birth if requested (clause 7).\n- Authorises Facility employees (including the manager) to give directions for management of the site (movement of vehicles, where/how waste is deposited, or to require someone to leave) and makes non‑compliance an offence (clause 8).\n- Requires compliance with signage at the Facility (clause 9) and prohibits removing waste (\"scavenging\") without a permit, with an exception for goods acquired through the tip shop (clause 10).\n- Prohibits tampering with fences, plant/vehicles, or waste without the manager's permission (clause 11); lighting fires without permission (clause 12); bringing animals onto the site (clause 13); and threatening, hindering or abusing employees (clauses 14–15).\n- Classifies breaches as regulatory offences (clause 16) and sets maximum penalties and daily continuation penalties (clause 17).\n- Provides an alternative to court prosecution through infringement notices with fixed penalties set out in a Schedule (clause 18 and Schedule).\n\n\nWho is affected and who decides\n\n- Affected: any person who enters the Facility (drivers, waste deliverers, customers of the tip shop), people who remove material from the site, and people who interact with Facility employees.\n- Decision‑makers and enforcers: the Facility manager and other Facility employees (who may give directions and request identity and inspect loads: clauses 6–8, 11); the Council (sets fees, issues permits, receives fixed penalties); and authorised persons who may issue infringement notices (clause 18(2)(d)).\n- Who pays: users who must pay any applicable entry or disposal fee; persons who breach the by‑laws who are liable for prosecution fines (clause 17) or the fixed penalties specified in the Schedule (clause 18).\n\n\nWhy the Council frames these by‑laws this way (official rationale) and how that intersects with costs and incentives\n\n- The Council frames the by‑laws as operational controls for safety, order, and protection of staff and facility assets (clauses addressing inspections, directions, tampering, fires, abuse and scavenging). That is the stated operational purpose in the instrument's text (see clauses 6–15 which set out the specific controls).\n\n- Costs and incentives for users:\n  - Administrative/compliance cost: users must submit to load inspections and provide personal details on request (clauses 6–7). These are ordinary transactional frictions at a disposal facility but impose time and privacy costs on users.\n  - Financial deterrents: entry/disposal fees and fixed penalties (Schedule) create direct monetary incentives to comply; they may also encourage some users to avoid the Facility and illegally dump waste if fees or inspection burdens are perceived as high (substitution risk).\n  - Access control trade‑off: banning scavenging except by permit and reserving tip shop sales concentrates any value from recovered goods to those authorised by the Council or tip‑shop operators (clause 10). That transfers salvage value from informal collectors to permitted channels.\n\n- Enforcement and implementation risks:\n  - Broad discretion for employees and the manager to direct users and permit or refuse activities (clauses 8 and 11). That requires consistent staff training and monitoring to avoid arbitrary or uneven application.\n  - Enforcement costs fall on Council (administering permits, issuing infringement notices, pursuing prosecutions if fixed penalties are unpaid).\n  - Large maximum penalties are available (clause 17) but the instrument also provides fixed‑penalty alternatives (clause 18 and Schedule) to allow summary disposal of common breaches.\n\n\nPractical effects on private behaviour and markets\n\n- Private enterprises that deliver waste (commercial haulers, contractors) must be prepared for load inspections and possible directions about where/how to deposit material (clauses 6 and 8). This can affect their operating time and routing.\n- The tip shop exception (clause 10(2)) creates a lawful channel for resale of salvaged goods; commercial purchasers or small retailers could obtain goods through the tip shop rather than informal salvage.\n- The permit requirement for removing waste centralises control over reclamation of materials and could create concentrated benefits (permit holders, tip shop) and diffuse costs (informal collectors excluded). The by‑laws do not set permit fees or allocation methods — that remains a Council administrative choice.\n\n\nBottom line (behavioural summary)\n\n- Users must obey entry rules, allow inspections, give basic ID if asked, follow employee directions and signage, and not remove or tamper with material without permission. The manager and authorised Council officers decide permissions and enforce compliance. Non‑compliance attracts regulatory fines or fixed penalties as listed in the Schedule.\n\n(References: clauses 3–18 and the Schedule.)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: regulating conduct at the Alice Springs Waste Management Facility. It replaced the 1984 Garbage Dumps By-laws but maintains the same essential scope of waste facility management without significant expansion into unrelated areas."},"complexity_factors":["Short length (18 by-laws plus Schedule)","Minimal cross-referencing (only references to Local Government Act 2008 and Fines and Penalties (Recovery) Act 2001)","Straightforward conditional structure with standard 'reasonable excuse' exceptions","Only 7 defined terms in the interpretation section","Simple penalty structure with clear infringement notice alternatives","No nested exceptions or complex deeming provisions beyond standard deemed consent clauses"],"plain_english_summary":"**What this is:** These are local rules made by the Alice Springs Town Council that set out how people must behave when using the town's rubbish dump (officially called the \"Waste Management Facility\").\n\n**Who it affects:** Anyone visiting the tip to drop off rubbish—including residents, businesses, and contractors.\n\n**What it does:**\n- **Entry rules:** You must enter through the main gate during opening hours and pay any fees. Sneaking in is an offence.\n- **Inspections:** Staff can inspect your load to check what you're dumping, and you must let them. You must also give your name, address and date of birth if asked.\n- **Following instructions:** You must obey staff directions about where to park, how fast to drive, where to put different types of waste, and when to leave.\n- **Signs:** You must follow all posted signs at the facility.\n- **Prohibited conduct:**\n  - No scavenging (taking items from the dump) unless you buy them from the tip shop.\n  - No tampering with fences, gates, equipment, or waste piles without permission.\n  - No lighting fires without the manager's permission.\n  - No animals allowed, even if left in your car.\n  - No threatening, intimidating, or abusing staff.\n  - No hindering or obstructing staff doing their job.\n\n**Penalties:**\n- Breaking these rules can result in fines. Serious offences (like causing a fire) attract higher penalties.\n- For minor offences, you may get an infringement notice (a fine you can pay to avoid court). The Schedule lists specific amounts—ranging from 1 to 100 penalty units depending on the offence.\n- If you don't pay the fine, enforcement action can escalate to licence suspension, wage garnishment, property seizure, or even imprisonment (for breaching a community work order).\n\n**Why it matters:** These rules keep the dump safe, prevent theft of recyclable materials, protect staff from abuse, and ensure waste is properly managed to avoid environmental hazards like uncontrolled fires."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original intent — regulating the use and operation of the Alice Springs waste management facility. The dual-agency administration (with the Electoral Commission handling Chapter 8) is an unusual but likely pre-planned structural feature rather than a scope change."},"complexity_factors":["Administered by two separate agencies, which could create jurisdictional confusion around Chapter 8","By-laws of this type typically reference parent legislation (such as a Local Government Act), requiring cross-referencing to understand the full legal framework","Operational rules for waste facilities can involve technical classifications of waste types","Enforcement and penalty provisions may involve interactions with other regulatory bodies"],"plain_english_summary":"These by‑laws set the legal rules for operating and using the Alice Springs waste management facility, covering who may use it, how waste is accepted and managed, and sanctions for non‑compliance. They affect residents, businesses, operators and anyone transporting or disposing of waste in Alice Springs.\n\nThey matter because they regulate everyday waste disposal practices and enforce safety, environmental and access standards. Administration is split between the Department of Housing, Local Government and Community Development and the Northern Territory Electoral Commission (Chapter 8)."}},"importantCases":[],"_links":{"self":"/api/acts/alice-springs-waste-management-facility-by-laws-2013","history":"/api/acts/alice-springs-waste-management-facility-by-laws-2013/history","analysis":"/api/acts/alice-springs-waste-management-facility-by-laws-2013/analysis","conflicts":"/api/acts/alice-springs-waste-management-facility-by-laws-2013/conflicts","importantCases":"/api/acts/alice-springs-waste-management-facility-by-laws-2013/important-cases","documents":"/api/acts/alice-springs-waste-management-facility-by-laws-2013/documents"}}