{"id":"borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-bylaws-1993","name":"BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993","slug":"borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174335,"registerId":"nt-borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-bylaws-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993","content":"NORTHERN TERRITORY OF AUSTRALIA\nBORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND\nFLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993\nAs in force at 13 January 1993\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Application ....................................................................................... 1\n3 Definitions ........................................................................................ 1\n4 Littering public place ........................................................................ 2\n5 Leaving rubbish bin in public place .................................................. 2\n6 Causing &c, spread of litter.............................................................. 2\n7 Littering from vehicles ...................................................................... 2\n8 Land to be clean and free from litter ................................................ 2\n9 Occupier to provide rubbish bin ....................................................... 3\n10 Interference with rubbish bins .......................................................... 4\n11 Rubbish bins to be returned after collection of litter ......................... 4\n12 Council garbage dumps ................................................................... 4\n13 Offences at dumps .......................................................................... 5\n14 Material likely to attract or harbour vermin ....................................... 5\n15 Flammable and noxious weeds, &c ................................................. 6\n16 Hindrance of authorized officer ........................................................ 7\n17 Offences .......................................................................................... 7\n18 Election to pay fixed penalty ............................................................ 7\n19 Publication of By-laws ..................................................................... 8\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 January 1993\n____________________\nBORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND\nFLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993\nBy-laws under the Local Government Act 2008\n1 Citation\nThese By-laws may be cited as the Borroloola Community\nGovernment Council (Litter and Flammable and Noxious Weeds\n&c) By-laws 1993.\n2 Application\nThese By-laws apply within the community government area.\n3 Definitions\nIn these By-laws, unless the contrary intention appears:\nauthorized officer means an officer 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.\nland includes buildings or temporary structures other than a\nbuilding or structure used exclusively as a private dwelling.\nlitter means litter, garbage, rubbish, drink cans, refuse or waste\nmatter, and includes a dead animal and, in by-laws 4 and 8,\ndiscarded vehicle bodies, machinery, implements and the like.\nowner, in relation to unoccupied land, means the person\nimmediately entitled to possession of the land.\npublic place means a place open to, or used by, the public.\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 2\n4 Littering public place\n(1) Subject to clause (2), a person shall not sweep, throw, spill, drop or\notherwise place litter in or on a public place.\n(2) Clause (1) does not prevent the lawful placing of litter in or on:\n(a) a rubbish bin provided by the council for that purpose;\n(b) a rubbish bin, box or other container for household litter; or\n(c) a garbage dump owned, operated or controlled by the council.\n5 Leaving rubbish bin in public place\nA person shall not place or allow to be placed a rubbish bin, box or\nother container for household litter in or on a public place otherwise\nthan in accordance with by-law 9(1)(g).\n6 Causing &c, spread of litter\nAn occupier or, where there is no occupier, the owner of land shall\nnot cause or allow litter to spread from the land onto a public place\nor adjoining land.\n7 Littering from vehicles\nA person driving a vehicle on a road shall not permit or allow litter to\nfall or otherwise be dropped from the vehicle onto the road or land\nadjoining the road.\n8 Land to be clean and free from litter\n(1) The occupier or, where there is no occupier, the owner of land shall\nkeep that land clean and free from litter.\n(2) An authorized officer, who believes on reasonable grounds that\nland is not clean and free from litter, may, at all reasonable hours\nbetween sunrise and sunset, enter the land for the purpose of\nmaking an inspection to decide whether the land is clean and free\nfrom litter.\n(3) Where an authorized officer has made an inspection referred to in\nclause (2) of the land and is, after the inspection, of the opinion that\nthe land is not clean and free from litter, he or she may serve on the\noccupier or, where there is no occupier, the owner of the land, a\nnotice in a form approved by the council directing the person on\nwhom the notice is served, within the period specified in that notice,\nto cause the land to be clean and free from litter.\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 3\n(4) Where the person on whom a notice has been served under\nclause (3) has not complied with the notice within the period\nspecified in the notice, an authorized officer may, with such agents\nor workmen as he or she thinks fit for the purpose, enter the land to\nwhich that notice relates, and carry out, or cause to be carried out,\nthe work necessary to render the land clean and free from litter.\n(5) The costs and expenses reasonably incurred by the council in\ncarrying out, or causing to be carried out, any work under clause (4)\nshall be a debt due and payable to the council by the occupier or\nthe owner, as the case may be, of the land.\n9 Occupier to provide rubbish bin\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 household litter produced on the\nland, each of which shall:\n(i) have a capacity of not more than .05 m³;\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,\nto become unsightly or cause an offensive odour or otherwise\nto become or cause a danger to public health or to interfere\nwith or affect the comfort of persons occupying, using or\npassing 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 litter in it or removing litter from it;\n(d) subject to clause (2), ensure that litter produced on the land is\nplaced in a rubbish bin;\n(e) cause all wet litter to be effectively wrapped before it is placed\nin 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 the\noccupier, his or her name and such other information as is\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 4\nrequired by the officer or order;\n(g) on the day or days and at the time notified by the council\ncause each rubbish bin to be placed on the footpath outside\nthe land in such a position as to enable the garbage collector\naccess to the contents of it, and replace, or cause it to be\nreplaced, on the land after the contents have been removed;\nand\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.\n10 Interference with rubbish bins\nA person shall not touch, use, remove, mark, damage or otherwise\ninterfere with a rubbish bin provided for land or in a public place\nunless he or she is:\n(a) the occupier of the land or, as the case may be, the person or\nbody by whom the bin was provided;\n(b) a person acting with the express or implied consent of the\noccupier, person or body referred to in paragraph (a);\n(c) an agent or servant of the council acting within the scope of\nhis or her duties; or\n(d) a contractor or agent or servant of a contractor of the council\nacting in the due performance of the contract.\n11 Rubbish bins to be returned after collection of litter\nA person engaged in the removal or collection of litter on behalf of\nthe council shall, after emptying the contents of a rubbish bin,\nreplace the lid tightly on it and return it to its former location.\n12 Council garbage dumps\nWhere the council establishes a garbage dump, it shall cause a\nnotice to be circulated in the community government area, which\nshall specify:\n(a) that the dump has been established;\n(b) the location of the dump;\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 5\n(c) the hours during which and the days on which the dump shall\nbe open for the dumping of litter;\n(d) the class or classes of litter which may be placed on the\ndump; and\n(e) such further or other conditions with respect to the dumping of\nlitter as the council thinks fit.\n13 Offences at dumps\nA person shall not, in respect of a dump referred to in by-law 12:\n(a) place litter on the dump except during the hours and on the\ndays specified in the notice under that by-law relating to that\ndump;\n(b) place litter on the dump unless the litter is of the class or\nclasses specified in that notice;\n(c) enter or remain on the dump except for the purpose of placing\nlitter on it, unless the person is a servant or agent of the\ncouncil acting within the scope of his or her duties, or a\ncontractor or servant or agent of a contractor of the council\nacting in the due performance of a contract;\n(d) remove litter from the dump without the approval of the council\nin writing; or\n(e) fail to comply with a direction of an authorized officer with\nrespect to the place or manner in which the person is to place\nlitter on the dump.\n14 Material likely to attract or harbour vermin\n(1) An owner or occupier of land or premises of any description shall\nnot keep or allow to remain on the land or premises, otherwise than\nin a vermin-proof receptacle, any material which is likely to attract\nvermin or to form a harbourage for vermin.\n(2) Subject to clause (4), an authorized officer may at all reasonable\nhours between sunrise and sunset enter and inspect any land or\npremises in respect of which he or she has reasonable grounds for\nbelieving that clause (1) is being contravened.\n(3) Where after an inspection under clause (2) an authorized officer is\nof the opinion that clause (1) is being contravened in respect of the\nland or premises in question, he or she may serve on the owner of\nthe land or premises or their occupier as appropriate a notice in a\nform approved by the council:\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 6\n(a) specifying the material in question; and\n(b) requiring the person on whom the notice is served, within a\nperiod specified in the notice:\n(i) to place the material in a vermin-proof receptacle or\nreceptacles of a kind described in the notice; or\n(ii) to remove the material from the land or premises, or\ndestroy it, or deal with it in such other manner as is\nspecified in the notice.\n(4) In the case of premises which are occupied as a dwelling, the\npower of entry conferred on an authorized officer by clause (2) is\nnot, without the consent of the occupier, exercisable unless the\nofficer has given the occupier at least 24 hours notice in writing.\n15 Flammable and noxious weeds, &c\n(1) An authorized officer who has reasonable grounds for believing with\nrespect to any land that plants, weeds, grass or other forms of\nvegetation on the land:\n(a) are flammable, or may become flammable in normal seasonal\nconditions; or\n(b) are or may become offensive, or a nuisance, by reason of\ntheir injurious, harmful or unwholesome nature,\nmay enter on and inspect the land at all reasonable hours between\nsunrise and sunset.\n(2) Where after an inspection under clause (1) an authorized officer is\nof the opinion that there are on the land in question plants, weeds,\ngrass or other forms of vegetation of a nature described in\nparagraph (a) or (b) of that clause, the officer may serve on the\noccupier of the land (or, if there is no occupier, on its owner) a\nnotice in a form approved by the council requiring the person on\nwhom the notice is served to carry out, within a period specified in\nthe notice, such work so specified as the officer considers\nappropriate in the circumstances of the case.\n(3) Where the person on whom a notice has been served under\nclause (2) has not complied with the notice within the period\nspecified in the notice, an authorized officer may, with such agents\nor workmen as the officer thinks fit, enter the land to which the\nnotice relates and carry out, or cause to be carried out, the work\nrequired to be done.\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 7\n(4) The costs and expenses reasonably incurred by the council in\ncarrying out, or causing to be carried out, any work under clause (3)\nshall be a debt due and payable to the council by the occupier or\nthe owner, as the case may be, of the land.\n16 Hindrance of authorized officer\nA person shall not obstruct, hinder or impede an authorized officer,\nor a person acting in good faith assisting the 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.\n17 Offences\nA person who contravenes or fails to comply with any of these\nBy-laws or any notice duly given under them is guilty of an offence.\nPenalty: $2,000.\n18 Election to pay fixed penalty\n(1) Where it appears to an authorized officer that a person has\ncontravened or failed to comply with any of these By-laws, or any\nnotice duly given under them, the officer may serve on that person\na notice of infringement in accordance with the form in the\nSchedule.\n(2) A person on whom a notice of infringement is served may, within a\nperiod of 14 days beginning with the date on which it is served, pay\nto the clerk of the council in respect of the offence alleged in the\nnotice the penalty specified in the notice in accordance with\nclause (3).\n(3) The penalty to be specified in a notice of infringement pursuant to\nclause (2) is:\n(a) for contravening by-law 16 – $100;\n(b) for contravening or failing to comply with by-law 6, 7, 8, 13 or\n14, or a notice under by-law 8, 14 or 15 – $50; and\n(c) for contravening or failing to comply with by-law 4, 5, 9, 10\nor 11 – $20.\n(4) A prosecution shall not be brought against a person for an offence\nagainst these By-laws in respect of which the person has paid a\npenalty in accordance with clause (2).\n\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 8\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\nSchedule\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 9\nSchedule\nNORTHERN TERRITORY OF AUSTRALIA\nBorroloola Community Government Council (Litter and Flammable and Noxious\nWeeds &c) By-laws 1993\nby-law 18(1)\nNOTICE OF INFRINGEMENT\nTo .....................................................………………………………………………\n(name)\nof .....................................................………………………………………………..\n(address, if known)\nYou are alleged to have committed an offence against the above By-laws by\ncontravening or failing to comply with:\n[ ] by-law 4 (littering a public place);\n[ ] by-law 5 (placing a rubbish bin in a public place or allowing it to be\nso placed);\n[ ] by-law 6 (causing or allowing litter to spread from land);\n[ ] by-law 7 (littering from a vehicle);\n[ ] by-law 8 (failing to keep land free from litter);\n[ ] paragraph .... of by-law 9(1) (provision of rubbish bins);\n[ ] by-law 10 (interfering with a rubbish bin);\n[ ] by-law 11 (failing to return a rubbish bin);\n[ ] paragraph .... of by-law 13 (offences at dumps);\n[ ] by-law 14(1) (material likely to attract or harbour vermin);\n[ ] by-law 16 (hindering an authorized officer);\n[ ] a notice under by-law ...., a copy of which is attached to this\nnotice.\n(tick box as appropriate, and insert paragraph or by-law reference where\nnecessary)\n\nSchedule\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 10\n(The following details of offence to be completed except where the offence is of\nfailing to comply with a notice)\nThe offence is alleged to have taken place at .......................................................\n(place)\non .....…………………………………………................... at .....……...................\n(date) (time)\n(Insert in paragraph (b) below the fixed penalty payable under by-law 18(3))\nYou may choose to have the alleged offence:\n(a) prosecuted in a court of competent jurisdiction; or\n(b) disposed of without prosecution by paying $....., being the fixed\npenalty prescribed for this offence by by-law 18(3).\nIf you choose option (b), you must pay the penalty there specified to the clerk of\nthe Borroloola Community Government Council, at the council office and within\n14 days beginning with the date of service of this notice.\nDated ...../...../19....\nCouncil Officer\n\nENDNOTES\nBorroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)\nBy-laws 1993 11\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 (Litter and Flammable and Noxious Weeds\n&c) By-laws\nNotified 13 January 1993\nCommenced 13 January 1993\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 and sch.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The title references 'litter and flammable and noxious weeds &c', but the inclusion of Chapter 8 under the Northern Territory Electoral Commission's jurisdiction suggests the by-laws extend into electoral or governance matters — a meaningfully different subject area from the environmental/amenity focus implied by the title. The '&c' (and other things) in the title hints at this broader scope, but the electoral dimension represents a notable departure from what a reader would expect based on the primary subject matter."},"complexity_factors":["Split administration between two government agencies adds a layer of complexity","The '&c' (et cetera) in the title suggests there may be additional subject matter beyond litter and weeds not immediately apparent from the title alone","Community government by-laws can interact with broader NT local government legislation, requiring cross-referencing","The existence of a reprint number suggests the by-laws have been amended or consolidated at least once"],"plain_english_summary":"These by-laws give the Borroloola Community Government Council local powers to control litter and to require removal or management of flammable or noxious vegetation across the community. They apply to residents, workers and visitors in the Borroloola area to keep public spaces safe and reduce fire and environmental risks.\n\nAdministration is mainly by the NT Department of Housing, Local Government and Community Development; Chapter 8 matters are handled by the Northern Territory Electoral Commission."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The by-laws expressly apply within the Borroloola community government area and regulate litter, vermin-attracting material and flammable/noxious vegetation; the instrument’s substantive scope is self-contained. Endnotes record only formal citation/publication amendments (see Endnote 3), not an expansion of substantive coverage."},"complexity_factors":["Broad enforcement discretion given to authorized officers to enter and inspect land at ‘reasonable hours’ (by-laws 8(2), 14(2), 15(1))","Notice-and-remedy regime with specified periods followed by council power to undertake works and recover costs as a debt (by-laws 8(3)-(5), 15(2)-(4))","Layered sanctions: fixed penalty infringement scheme with tiered amounts and election to pay (by-law 18), plus maximum criminal penalty ($2,000) (by-law 17)","Precise operational requirements and standards for rubbish bins and collection placement create ongoing compliance burdens for occupiers (by-law 9(1))","Entry protections for dwellings require written 24-hour notice for inspections (by-law 14(4)), adding procedural constraints","Prohibition on obstructing officers and removal of prosecution where fixed penalty paid introduces interplay between administrative and criminal processes (by-laws 16, 18(4))","Definitions (land, public place, litter) determine scope and may require fact-specific interpretation","Council control over establishment, hours and conditions of garbage dumps centralizes local operational decisions (by-law 12)"],"plain_english_summary":"These by-laws require people in the Borroloola community area to stop and remove litter, keep land free of vermin and flammable or noxious vegetation, maintain and correctly place rubbish bins, and follow council directions. Authorized officers may inspect land, issue remedial notices and, if ignored, enter to carry out work and recover costs. They affect residents, landowners, vehicle drivers, waste collectors and the council; non-compliance attracts fixed infringement penalties or prosecution (by-laws 8, 9, 15, 18, 17)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of litter control, weed management, and basic sanitation. The 2018 amendments noted in the endnotes are described as 'general amendments of a formal nature' affecting only the citation and publication provisions, indicating no substantive expansion of scope."},"complexity_factors":["Straightforward structure with 19 by-laws and a schedule, totaling approximately 11 pages","Only 6 defined terms in the interpretation section (by-law 3)","Minimal cross-referencing—mostly internal references to other by-laws within the same instrument","Clear conditional logic with simple exceptions (e.g., by-law 4(2) lists 3 lawful ways to dispose of litter; by-law 9(2) provides one exception for burning litter)","No nested exceptions or complex definitional chains","Practical, prescriptive requirements (e.g., bin specifications in by-law 9(1)(a)) that are detailed but not legally complex","Fixed penalty scheme (by-law 18) is clearly structured with three tiers of penalties","Standard enforcement mechanisms (entry powers, notices, debt recovery for costs) that follow familiar local government patterns"],"plain_english_summary":"**What this legislation does:**\n\nThese are local council rules for Borroloola (a remote community in the Northern Territory) that set out how rubbish and weeds must be managed to keep the town clean and safe.\n\n**Key rules covered:**\n\n*   **No littering:** You can't throw rubbish in public places, from cars, or let it blow off your property onto someone else's land or public areas.\n*   **Rubbish bins:** If you occupy land (live or run a business there), you must provide proper bins with lids that are vermin-proof and moisture-proof. Bins must be put out for collection on the right day and brought back in afterwards. You must also clean your bins with antiseptic at least once every four weeks.\n*   **Keeping land tidy:** Landowners or occupiers must keep their property free of litter, including old car bodies and machinery. Council officers can inspect land and issue cleanup notices. If you don't comply, the council can clean it up and bill you for the cost.\n*   **Vermin control:** You can't keep materials that attract rats or other vermin unless they're in vermin-proof containers.\n*   **Weed control:** The council can order you to remove flammable weeds or plants that are harmful or create a nuisance. If you don't, the council can do the work and charge you.\n*   **Garbage dumps:** The council can establish dumps with specific opening hours and rules about what can be dumped there.\n\n**Who it affects:**\n\nEveryone in the Borroloola community government area—residents, landowners, businesses, and visitors.\n\n**Why it matters:**\n\nThese rules aim to prevent health hazards (vermin, disease), reduce fire risks from dry weeds, and maintain basic sanitation in a remote community where proper waste management is critical for public health and safety.\n\n**Penalties:**\n\nBreaking these rules can result in fines up to $2,000. For minor offences, you can pay a smaller fixed penalty (between $20 and $100) to avoid going to court."}},"importantCases":[],"_links":{"self":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993","history":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993/history","analysis":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993/analysis","conflicts":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993/conflicts","importantCases":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993/important-cases","documents":"/api/acts/borroloola-community-government-council-litter-and-flammable-and-noxious-weeds-c-by-laws-1993/documents"}}