{"id":"borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-bylaws-1989","name":"BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989","slug":"borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174329,"registerId":"nt-borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-bylaws-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nBORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND\nREMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989\nAs in force at 30 June 1989\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Application ....................................................................................... 1\n3 Definitions ........................................................................................ 1\nPart II Garbage\n4 Provision of garbage service ........................................................... 2\n5 Basic charge for garbage service .................................................... 2\n6 Removal of garbage in bulk ............................................................. 2\n7 Occupier to provide rubbish bins ..................................................... 2\n8 Interference with rubbish bins .......................................................... 4\n9 Rubbish bins to be returned............................................................. 4\nPart III Removal and destruction of animals\n10 Diseased and injured animals and animals at large ........................ 4\n11 Dead animals in public places ......................................................... 4\n12 Dead animals on private land .......................................................... 4\n13 Council may remove or destroy animals without notice ................... 5\n14 Council may dispose of an animal or carcass.................................. 5\n15 Council may recover expense from owner....................................... 5\n16 Occupier is deemed owner .............................................................. 5\nPart IV Miscellaneous\n17 Hindrance of authorized officer ........................................................ 5\n18 Offences .......................................................................................... 5\n19 Publication of By-laws ..................................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 June 1989\n____________________\nBORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND\nREMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989\nBy-laws under the Local Government Act 2008\nPart I Preliminary\n1 Short title\nThese By-laws may be cited as the Borroloola Community\nGovernment Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989.\n2 Application\nThese By-laws apply within the Borroloola community government\narea.\n3 Definitions\nIn these By-laws, unless the contrary intention appears:\nanimal includes every species of quadruped and bird.\nauthorized officer means a person authorized by the council for\nthe purposes of these By-laws.\ncommunity government area means the area described in\nclause 3 of the Borroloola Community Government Scheme.\ncouncil means the Borroloola Community Government Council.\ngarbage includes all kinds of litter, rubbish, refuse and discarded or\nwaste material or matter.\nland includes premises.\npublic place means any place to which the public or a section of\nthe public have, or are permitted to have, access, whether on\npayment or otherwise.\n\nPart II Garbage\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 2\nPart II Garbage\n4 Provision of garbage service\nThe council shall provide a service for the collection and removal of\ngarbage (other than garbage in bulk) from land in the community\ngovernment area, and shall publish details of the service:\n(a) on the council's notice board and such other notice boards in\nthe area as the council thinks fit; and\n(b) from time to time, in a newspaper circulating generally in the\narea.\n5 Basic charge for garbage service\nThe council may determine by resolution a basic charge to be paid\nby the occupier of land for the garbage service provided under\nby-law 4, and that charge shall cover the collection and removal\nfrom the land in respect of which it is payable of the contents of\n2 receptacles twice in each week.\n6 Removal of garbage in bulk\n(1) The council may provide a service for the removal from land in the\ncommunity government area of garbage in bulk.\n(2) An owner or occupier of land may apply to the clerk of the council\nfor the service provided under clause (1), and shall pay therefor\nsuch charge as the council by resolution determines.\n7 Occupier to provide rubbish bins\n(1) An occupier of land shall:\n(a) provide on the land one or more removable rubbish bins for\nthe purpose of holding all garbage produced on the land, each\nof which shall:\n(i) have a capacity of not more than 85 litres;\n(ii) be moisture proof and vermin proof;\n(iii) have a close fitting lid; and\n(iv) be fitted with handles for convenience in moving and\nemptying it;\n(b) maintain each rubbish bin in good order and condition and not\ncause or permit it to attract or harbour flying insects or vermin,\n\nPart II Garbage\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 3\nto become unsightly or cause an offensive odour, or other-\nwise to become or cause a danger to public health or to\ninterfere with or affect the comfort of persons occupying, using\nor passing through or along neighbouring land;\n(c) ensure that the lid of each rubbish bin is at all times kept\nclosely fitted to the bin except where the lid is removed for the\npurpose of placing garbage in the bin or removing garbage\nfrom it;\n(d) subject to clause (2), ensure that garbage produced on the\nland is placed in a rubbish bin;\n(e) cause all wet garbage to be effectively wrapped before it is\nplaced in a rubbish bin;\n(f) where required by an authorized officer or an order of the\ncouncil, indelibly mark or paint on the lid and body of each\nrubbish bin the number of the lot of land occupied by him, his\nname and such other information as is required by the officer\nor order;\n(g) on the days and at the times notified by the council in\naccordance with by-law 4:\n(i) cause each rubbish bin to be placed (subject to\nclause (3)) on the footpath outside the land in such a\nposition as to enable the garbage collector access to the\ncontents of it; and\n(ii) replace each bin, or cause it to be replaced, on the land\nafter the contents have been removed; and\n(h) cause each rubbish bin to be thoroughly cleansed with\nantiseptic not less than once in each 4 week period.\n(2) Clause (1)(d) does not prevent the lawful destruction by fire of litter\ncapable of being so destroyed.\n(3) Clause (1)(g)(i) does not require the placing of a rubbish bin on the\nfootpath outside the land if it can instead be so placed immediately\ninside the boundaries of the land as to be clearly visible and\nconveniently reached from the road, and the clerk of the council\nmay, in the special circumstances of a particular case, approve the\nplacing of a bin in any other position.\n\nPart III Removal and destruction of animals\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 4\n8 Interference with rubbish bins\nA person shall not touch, use, remove, mark, damage or otherwise\ninterfere with a rubbish bin provided pursuant to by-law 7 unless he\nis:\n(a) the occupier of the land for which the receptacle is provided or\nhis servant or agent;\n(b) a servant or agent of the council acting within the scope of his\nduties as such; or\n(c) a contractor with the council, or his servant or agent, acting in\ndue performance of the contract.\n9 Rubbish bins to be returned\nA person engaged in the removal or collection of garbage on behalf\nof the council shall, after emptying the contents of a rubbish bin,\nreplace the lid tightly on it and return it to its former location.\nPart III Removal and destruction of animals\n10 Diseased and injured animals and animals at large\n(1) The council may by notice in writing require the owner of:\n(a) a diseased or injured animal, whether it is upon private land or\nin a public place; or\n(b) an animal which is at large in a public place so that, if left at\nlarge, it is likely to be a danger to the safety of members of the\npublic,\nimmediately to destroy, remove or otherwise dispose of the animal.\n(2) A notice under this by-law shall not require unreasonably the\ndestruction of an animal.\n11 Dead animals in public places\nIf an animal dies or is found dead in a public place, the council may\ncause it to be removed or destroyed.\n12 Dead animals on private land\n(1) If an animal dies or is found dead on private land, the occupier of\nthe land shall, unless he himself disposes of the carcass, notify the\nclerk of the council as soon as is practicable.\n\nPart IV Miscellaneous\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 5\n(2) Upon receipt of a notice under clause (1), the council may cause\nthe carcass of the animal to be removed or destroyed, and for this\npurpose an authorized officer may enter on private land.\n13 Council may remove or destroy animals without notice\nNotwithstanding anything contained in this Part, the council may,\nwithout notice to the owner of a dead, diseased or injured animal, or\nof an animal which is at large in a public place so that it is likely to\nbe a danger to the safety of members of the public, cause the\ncarcass or animal to be removed or destroyed, and for this purpose\nan authorized officer may enter on private land.\n14 Council may dispose of an animal or carcass\nWhere, in pursuance of this Part, the council causes the removal or\ndestruction of an animal or a dead animal, it may dispose of the\nanimal or its carcass.\n15 Council may recover expense from owner\nWhere, in pursuance of any of this Part, the council incurs any\nexpense in removing, destroying or disposing of an animal or its\ncarcass, the council may recover the expense from the owner of the\nanimal.\n16 Occupier is deemed owner\nFor the purposes of this Part, and in the absence of any denial, the\noccupier of land on which an animal or a dead animal is found shall\nbe deemed to be the owner thereof.\nPart IV Miscellaneous\n17 Hindrance of authorized officer\nA person shall not obstruct, hinder or impede an authorized officer,\nor a person acting in good faith assisting an authorized officer, in\nthe exercise of the powers or the performance of the functions\nconferred or imposed under these By-laws on that authorized\nofficer.\n18 Offences\nA person who contravenes or fails to comply with these By-laws is\nguilty of an offence.\nPenalty: $200.\n\nPart IV Miscellaneous\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 6\n19 Publication of By-laws\n(1) Section 57 of the Interpretation Act 1978 does not apply to these\nBy-laws.\n(2) Copies of these By-laws shall be available for inspection by\nmembers of the public during office hours at the office of the\ncouncil.\n\nENDNOTES\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws 1989 7\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\nBorroloola Community Government Council (Garbage and Removal and Destruction of\nAnimals) By-laws\nNotified 30 June 1989\nCommenced 30 June 1989\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 and 19.","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-laws appear to remain consistent with their original intent — governing waste management and animal control at the community level in Borroloola. No evidence of scope expansion or contraction is apparent from the available information."},"complexity_factors":["Narrow and localised scope — applies only to a single community (Borroloola)","Covers only two subject areas: garbage and animal removal/destruction","Split administration between two agencies adds minor complexity","Limited metadata available — gazette number and making date are absent, making verification harder","By-laws (subordinate legislation) sit beneath the parent Act, requiring cross-reference to understand full legal context"],"plain_english_summary":"The Borroloola Community Government Council By-laws (1989) set local rules for garbage collection, storage and disposal, and for the removal or destruction of animals within the Borroloola community. They apply to residents, animal keepers, and those handling waste.\n\nThey protect public health, safety and cleanliness, are enforced by the Department of Housing, Local Government and Community Development (with Chapter 8 overseen by the Northern Territory Electoral Commission), and include penalties for non‑compliance. Effective 30 June 1989."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No substantive change of scope is apparent in the supplied text. The endnotes record only formal amendments to by-laws 1 and 19 under the Interpretation Legislation Amendment Act 2018; the operative provisions governing garbage, bins, animal removal, entry powers, cost recovery and the penalty remain as framed in the 1989 text."},"complexity_factors":["Straightforward subject matter limited to two areas: garbage collection and animal removal (clear scope and short length).","Defined terms centralise interpretation (e.g. 'animal', 'garbage', 'authorized officer') which simplifies application (by-law 3).","Multiple delegated discretions: council sets charges by resolution (by-laws 5, 6), clerk may approve bin placement exceptions (by-law 7(3)), and authorized officers enforce powers (by-law 3 definition; by-laws 12(2), 13).","Operational requirements impose routine compliance: bin specifications, cleaning, placement and marking obligations on occupiers (by-law 7).","Entry and summary powers: authorized officers may enter private land to remove carcasses and may act without notice in safety/disease situations (by-laws 12(2), 13), increasing implementation risk and need for clear procedures.","Cost-recovery and deeming rule concentrate financial burden on occupiers/owners (by-laws 15, 16).","Single monetary penalty for offences ($200) creates a simple enforcement metric but limited gradation of sanctions (by-law 18).","Publication and access rules affect notice and procedural transparency (by-law 4, by-law 19)."],"plain_english_summary":"These by-laws require the Borroloola Council to provide and publish details of a garbage collection service, allow the council to set charges, and require occupiers to supply and maintain specified rubbish bins. They also permit the council to remove or destroy dead, diseased or dangerous animals, enter land for that purpose, recover removal costs from owners (occupiers deemed owners) and impose a penalty for breaches. Occupiers and owners pay the financial and compliance burdens; the council decides charges and exercises enforcement discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original dual purpose: garbage collection services and animal control/removal. The title accurately reflects the content, and there is no evidence of scope creep into unrelated regulatory areas."},"complexity_factors":["Short, single-purpose instrument (6 pages) with clear Part structure","Only 6 defined terms in the interpretation section (animal, authorized officer, community government area, council, garbage, public place)","Minimal cross-referencing — mostly internal references to other by-laws (e.g., 'by-law 4', 'by-law 7')","Straightforward conditional logic with simple exceptions (e.g., clause 7(2) exemption for burning litter; clause 7(3) alternative bin placement)","No nested exceptions or complex deeming provisions beyond the simple 'deemed owner' rule in by-law 16","Plain language drafting typical of 1980s Northern Territory local government instruments"],"plain_english_summary":"**What this legislation does:**\n\nThese are local council rules for the remote Northern Territory town of Borroloola. They set out two main things: how rubbish collection works, and how the council handles problem animals (dead, diseased, injured, or dangerous strays).\n\n**Who it affects:**\n\n*   **Residents and land occupiers** in Borroloola — they must use proper bins, pay for garbage collection, and deal with dead animals on their property (or let the council do it).\n*   **Animal owners** — they can be forced to destroy or remove sick, injured, or dangerous animals, and they may have to pay the council back for any costs incurred.\n*   **The Council** — it runs the garbage service and has broad powers to enter private property to remove or destroy animals without warning in urgent cases.\n\n**Why it matters:**\n\nIn a remote community like Borroloola, proper waste management is critical for public health (preventing disease, vermin, and offensive odours). The animal control provisions give the council quick powers to deal with dangerous dogs or livestock, or to clean up carcasses before they become health hazards. It essentially gives the council \"teeth\" to enforce basic sanitation standards in a place where services are limited and distances are vast.\n\n**Key practical rules:**\n\n*   **Bins:** Must be under 85 litres, vermin-proof, with tight lids, and cleaned with antiseptic every 4 weeks.\n*   **Collection:** Bins go out twice weekly; occupiers pay a basic charge for this.\n*   **Animals:** If your animal is sick, injured, or running loose dangerously, the council can order you to deal with it — or just do it themselves and send you the bill. If you don't claim ownership of an animal on your land, you're assumed to be the owner."}},"importantCases":[],"_links":{"self":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989","history":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989/history","analysis":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989/analysis","conflicts":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989/conflicts","importantCases":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989/important-cases","documents":"/api/acts/borroloola-community-government-council-garbage-and-removal-and-destruction-of-animals-by-laws-1989/documents"}}