{"id":"city-of-darwin-by-laws-2023","name":"CITY OF DARWIN BY-LAWS 2023","slug":"city-of-darwin-by-laws-2023","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174411,"registerId":"nt-city-of-darwin-by-laws-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Meaning of owner","content":"4 Meaning of owner\n(1) In relation to an animal, owner means any of the following:\n(a) for a registered dog or cat – the person who is registered as\nthe owner of the dog or cat;\n(b) the person for the time being in control or possession of the\nanimal;\n(c) the occupier of the premises, or a part of the premises, where\nthe animal is kept.\nExamples for definition owner\nA person walking a dog or looking after a dog for a friend who is on holidays.\n(2) If an owner under clause (1) is a person under 18 years of age, the\nowner is taken to be any parent or guardian of that person.\n(3) In relation to a motor vehicle, owner means the person in whose\nname the motor vehicle is registered under the following:\n(a) the Motor Vehicles Act 1949;\n(b) a law of a State or other Territory that provides for the\nregistration of vehicles.\n(4) In relation to anything other than an animal or a motor vehicle,\nowner includes the person for the time being in control or\npossession of the thing.\n","sortOrder":0},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of properly contained","content":"5 Meaning of properly contained\nFor these By-laws, an animal is taken to be properly contained on\npremises if the animal is, under humane conditions appropriate for\nthe animal:\n(a) kept inside a building, a fenced yard, an enclosed run or\nanother structure on the premises from which the animal is\nunable to escape; or\n\nCity of Darwin By-laws 2023 6\n(b) leashed or restrained and unable to escape the premises.\nNote for by-law 5\nHumane conditions means having sufficient space, access to water and food and\naccess to enrichment items to allow the animal to exhibit behaviours normal for\nthe species of animal.\n","sortOrder":1},{"sectionNumber":"6","sectionType":"section","heading":"Acknowledgement of Larrakia","content":"6 Acknowledgement of Larrakia\n(1) Darwin is on Larrakia country and the City acknowledges the\nLarrakia people as the Traditional Owners of the Darwin region and\npays its respects to Larrakia Elders past and present and emerging\nleaders.\n(2) The City is committed to a positive and cooperative relationship\nwith the Larrakia People based on respect for the history and\nvalues of the Larrakia People and their important role in the\ncommunity.\nNote for by-law 6\nUnder section 5 of the Act, the rights and interests of Aboriginal traditional\nowners are to be recognised.\n","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Application within Darwin","content":"7 Application within Darwin\nThese By-laws apply to and have effect within Darwin.\nNote for by-law 7\nUnder section 275(4) of the Act, a by-law binds the Territory and all its\ninstrumentalities.\n","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Code","content":"8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nCity of Darwin By-laws 2023 7\n","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Purpose","content":"9 Purpose\n(a) allow the City the flexibility to determine procedures for\nmeetings of members by resolution; and\n(b) complement the provisions of the Act regarding meetings of\nmembers.\nNotes for by-law 9\n1 Part 6.1 of the Act provides many of the important rules for meetings of the\nmembers.\n2 Part 7.4 of the Act provides for a code of conduct for the members of the\ncouncil and its committees.\n10 Procedures for meetings of members\n(1) Subject to the Act, the procedures for the conduct of the business\nof the City and its members may be determined by the City, by\nresolution.\n(2) Meetings of members must be conducted in accordance with any\nprocedures determined by the City.\n","sortOrder":5},{"sectionNumber":"11","sectionType":"section","heading":"Attendance of public and reporters at meetings","content":"11 Attendance of public and reporters at meetings\n(1) The City must make available an area for the public, including\nreporters, to attend the meetings of members.\n(2) The area must accommodate as many persons as can reasonably\nattend a meeting of members.\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Petitions","content":"12 Petitions\nA petition may not be presented to the City unless the petition\nclearly shows that each person signing the petition agreed with the\npetition.\nNote for by-law 12\nIn the case of an electronic petition, there must be evidence that each electronic\nsignature could not be affixed unless the person signing it agreed with the\npetition.\n\nCity of Darwin By-laws 2023 8\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"Public participation","content":"Division 3 Public participation\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Public participation at meeting of members","content":"13 Public participation at meeting of members\n(1) A person who is not a member must not take part in a meeting of\nmembers unless allowed by the Lord Mayor or other person\npresiding at the meeting.\n(2) A body or group of persons may apply in writing, to the Lord Mayor\nor other person presiding, to speak at a meeting of members.\n","sortOrder":9},{"sectionNumber":"14","sectionType":"section","heading":"Person interrupting orderly meeting","content":"14 Person interrupting orderly meeting\n(1) If a person, other than a member, causes disorder during a meeting\nof members, the person must leave the place where the meeting is\ntaking place if requested to leave by the Lord Mayor or the person\npresiding at the meeting.\n(2) An authorised person may remove the person if the person does\nnot leave in accordance with clause (1).\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Purpose","content":"15 Purpose\nThe purpose of this Part is to provide standard rules for the\nfollowing:\n(a) keeping records of the City;\n(b) publishing information by the City;\n(c) charging fees by the City;\n(d) issuing, varying and revoking authorisations.\n","sortOrder":11},{"sectionNumber":"16","sectionType":"section","heading":"Records","content":"16 Records\n(1) The CEO must keep records of the following:\n(a) all dogs and cats registered under these By-laws;\n(b) all authorisations issued under these By-laws;\n(c) any other matter required by these By-laws or by the City.\n\nCity of Darwin By-laws 2023 9\n(2) The records may be kept in any form, including electronic form.\nNote for by-law 16\nThe City has obligations as a public sector organisation under the Information\nAct 2002.\n","sortOrder":12},{"sectionNumber":"17","sectionType":"section","heading":"Written notices","content":"17 Written notices\nA written notice required under these By-laws may be in electronic\nform.\nExample for by-law 17\nAn email sent to a permit holder.\n","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"Publishing information","content":"18 Publishing information\nAny notice, document or other information that must be published\nunder these By-laws must be published in a timely manner on the\nCity's website.\nNotes for by-law 18\n1 The Act provides for the publication of determinations, notices and minutes of\nthe City and the protection of confidential information.\n2 Publishing includes publishing or broadcasting by radio, television, internet,\ntelephone or other means.\n19 Determining fees\n(1) The City must, by resolution, determine matters related to fees for\nthe following:\n(a) licences, permits, registrations and other authorisations;\n(b) property, things or services provided by the City or an entity\nowned or controlled by the City.\n1 Supplying a service, product or commodity.\n2 Receiving applications and issuing a licence or permit.\n3 Registering an animal or thing.\n4 Waiving fees during a time of crisis.\n5 Admitting a person to a building and allowing the use of real or personal\nproperty.\n\nCity of Darwin By-laws 2023 10\n(2) To avoid doubt, the amount of a fee may vary according to\ncircumstances and conditions relevant to the fee.\nExamples for clause (2)\n1 Lower registration fee for a sterilised dog or cat.\n2 Lower fee for a pensioner.\n20 Other matters related to fees\n(1) Notice of the determination of a fee must be published as soon as\npracticable.\n(2) The City must not demand or receive any fee determined under\nby-law 19 unless notice of the fee was published.\n(3) Any fee that is not paid when it is due may be recovered as a debt\ndue to the City.\n","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Access to payment methods","content":"21 Access to payment methods\nThe methods provided by the City for the payment of fees to the\nCity must include methods accessible to:\n(a) people with a wide range of literacy, language and skills; and\n(b) people lacking the means or ability to use automated or purely\nelectronic payment systems.\n","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Issuing authorisations","content":"22 Issuing authorisations\n(1) The CEO may issue, or refuse to issue, an authorisation.\n(2) An authorisation remains in force for:\n(a) the period of time, if any, specified in the authorisation; or\n(b) if no period is specified in the authorisation – the period of\n12 months on and after the day of its issue.\n(3) An authorisation is subject to the conditions specified by the CEO.\nNo single use plastic at outdoor food stalls.\n\nCity of Darwin By-laws 2023 11\n(4) An authorisation is not transferable, unless these By-laws expressly\nprovide otherwise.\nExamples for by-law 22\nAuthorisations include event permits, dog and cat registrations and outdoor\nadvertising permits.\n","sortOrder":16},{"sectionNumber":"23","sectionType":"section","heading":"Application for authorisation","content":"23 Application for authorisation\n(1) Applications for the issue of authorisations must be made to the\nCEO.\n(2) The application must be in the approved form and accompanied by:\n(a) the applicable fee, if any; and\n(b) any documents, specifications or particulars that the CEO may\nrequire.\n","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"Revoking or varying on request","content":"24 Revoking or varying on request\n(1) The CEO may, on the written request of the holder of an\n(a) revoke the authorisation; or\n(b) vary the conditions of the authorisation.\n(2) The CEO must give the holder written notice of the revocation or\nvariation.\n","sortOrder":18},{"sectionNumber":"25","sectionType":"section","heading":"Revoking, suspending or varying for cause","content":"25 Revoking, suspending or varying for cause\n(1) The CEO may, in accordance with this by-law, revoke, suspend or\nvary the conditions of an authorisation if the holder of the\n(a) obtained the authorisation improperly; or\n(b) failed to comply with these By-laws or a condition of the\nauthorisation; or\n(c) is not eligible or a fit and proper person to hold the\nauthorisation.\n(2) Before making a decision under clause (1), the CEO must give the\nholder written notice:\n(a) stating that the CEO proposes to revoke, suspend or vary the\nauthorisation; and\n\nCity of Darwin By-laws 2023 12\n(b) stating the grounds for the intended revocation, suspension or\nvariation; and\n(c) inviting the holder to show cause, in accordance with\nclause (3), why the revocation, suspension or variation should\nnot be made.\n(3) Within 7 days of receiving the notice, the holder of the authorisation\nmay make written representations to the CEO on why the\nrevocation, suspension or variation should not be made.\n(4) After considering any representations made by the holder in\naccordance with clause (3), the CEO may:\n(a) take no further action in relation to the authorisation; or\n(b) revoke, suspend or vary the authorisation.\n(5) As soon as practicable after making a decision under clause (4),\nthe CEO must give written notice of the decision to the holder of the\nauthorisation.\n(6) If the CEO decides to revoke, suspend or vary the conditions of an\nauthorisation, the notice to the holder must include the following\ninformation:\n(a) the date that the revocation, suspension or variation takes\neffect;\n(b) in the case of a suspension:\n(i) the steps that the holder must take before the\nsuspension will be lifted and the consequences for not\ncompleting those steps; and\n(ii) the period of time that the suspension will remain in\nforce;\n(c) in the case of a variation – how the conditions are being\nvaried.\n\nCity of Darwin By-laws 2023 13\n","sortOrder":19},{"sectionNumber":"26","sectionType":"section","heading":"Purpose","content":"26 Purpose\n(a) reduce waste and to reuse and recycle materials in Darwin;\nand\n(b) sustainably manage waste and minimise the environmental\nimpact of waste in Darwin; and\n(c) minimise the risks to the community of fire and unsafe\nbehaviour.\n","sortOrder":20},{"sectionNumber":"27","sectionType":"section","heading":"Collection service","content":"27 Collection service\n(1) The City must provide a regular service to collect waste and\nmaterials and other substances for recycling from residents and\nothers in Darwin whose rates include a charge for this service.\n(2) Subject to direction from the City, the CEO must determine the\nconditions and other particulars of the service under this Division.\nExamples for clause (2)\nCollection times, the types of waste and recyclable materials allowed in bins and\nkeeping the bins free of vermin.\n(3) The service may be provided by employees or by contractors\nengaged by the City.\n(4) The service consists of the following:\n(a) providing persons receiving the service with approved bins;\n(b) providing public land with approved bins;\n(c) collecting regularly from the approved bins;\n(d) managing and disposing of whatever is collected.\n(5) The conditions and other particulars of the service must be\npublished.\n(6) The persons who receive the service must comply with the\nconditions of the service.\n\nCity of Darwin By-laws 2023 14\n","sortOrder":21},{"sectionNumber":"28","sectionType":"section","heading":"Alternative collection of waste and recycling materials","content":"28 Alternative collection of waste and recycling materials\nIf premises do not receive from the City a regular service to collect\nwaste, the occupier of the premises must ensure that waste and\nmaterials for recycling from the premises are collected regularly in\nanother approved manner.\n","sortOrder":22},{"sectionNumber":"29","sectionType":"section","heading":"Damaging, removing or interfering with approved bins","content":"29 Damaging, removing or interfering with approved bins\n(1) A person who damages an approved bin provided by the City is\nliable to the City for the costs of replacing the bin.\n(2) A person commits an offence if the person:\n(a) removes anything from an approved bin provided by the City;\nor\n(b) takes or interferes with an approved bin provided by the City;\nor\n(c) causes an approved bin provided by the City to become a\ndanger to public health or cause harm or annoyance to\npersons occupying or passing through or along neighbouring\npremises.\n(3) An employee or contractor engaged by the City to collect waste and\nrecycling is exempt from clause (2)(a) and (b).\n(4) An offence against clause (2) is an offence of strict liability.\n","sortOrder":23},{"sectionNumber":"30","sectionType":"section","heading":"Offences related to waste or recycling materials","content":"30 Offences related to waste or recycling materials\n(1) A person must not deposit waste or recycling materials in a place\nunless:\n(a) the person is acting under the authority of the City; or\n(b) the place is an approved bin provided by the City; or\n(c) the place is provided by an alternative service referred to in\nby-law 28; or\n(d) the place is a place or facility for the management and\ndisposal of waste or recycling referred to in by-law 31.\n\nCity of Darwin By-laws 2023 15\n(2) A person must not deposit, in an approved bin provided by the City,\nany substance or thing prohibited under the conditions and other\nparticulars of the service determined by the City.\n(3) A person must not deposit or allow to remain on land a substance\nor thing that is likely to attract vermin, unless it is enclosed in a bin\nor container that is vermin-proof.\n(4) A person who conducts a business must not dispose of waste from\nthe business in an approved bin provided by the City.\nclause (1), (2), (3) or (4).\n","sortOrder":24},{"sectionNumber":"31","sectionType":"section","heading":"Places and facilities","content":"31 Places and facilities\n(1) The location and the conditions of operation and use of the\nfollowing places and facilities must be published:\n(a) places and facilities established by the City for the\nmanagement and disposal of waste;\n(b) places and facilities established by the City for the\nmanagement of materials and substances for reuse and\nrecycling.\nThe requirements of environmental legislation may also apply to the operation of\nthe place or facility.\nThe hours of operation, the classes of materials allowed, removing materials and\nsupervision of children.\n(2) A person using a place or facility referred to in clause (1) must\ncomply with the conditions of operation and use of the place or\nfacility.\n\nCity of Darwin By-laws 2023 16\n","sortOrder":25},{"sectionNumber":"32","sectionType":"section","heading":"Offence of depositing waste","content":"32 Offence of depositing waste\n(1) A person commits an offence if the person deposits waste on land\nor allows waste to remain on land.\n(2) An owner or occupier of land commits an offence if:\n(a) the owner or occupier deposits waste, or keeps or allows\nwaste to remain, on the land; and\n(b) the waste is likely to attract vermin to the land or to form a\nhome for vermin; and\n(c) the waste is not kept in a bin that is vermin-proof.\n(3) An offence against clause (1) or (2) is an offence of strict liability.\n","sortOrder":26},{"sectionNumber":"33","sectionType":"section","heading":"Offence of discharging liquid waste","content":"33 Offence of discharging liquid waste\n(a) the person deposits or causes waste water, liquid waste or\nhazardous liquid to be deposited onto public land or into a\ndrain on public land; and\n\nCity of Darwin By-laws 2023 17\n(b) the person has no authorisation for that conduct.\nWater leaking from faulty air conditioners or used cooking oil dumped in a drain.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant took all reasonable steps and exercised due\ndiligence to avoid committing the offence.\n","sortOrder":27},{"sectionNumber":"34","sectionType":"section","heading":"Offensive burning","content":"34 Offensive burning\nA person commits an offence if:\n(a) the person intentionally burns or heats any substance or thing;\nand\n(b) that conduct results in an odour that is offensive to another\nperson on adjacent land or public land; and\nNote for by-law 34\n","sortOrder":28},{"sectionNumber":"35","sectionType":"section","heading":"Lighting fires","content":"35 Lighting fires\n(1) A person must not light a fire or keep a fire burning unless:\n(a) the person has an authorisation for the fire; or\n(b) the fire is on the person's premises and is:\n(i) for meal preparation or personal comfort; and\n(ii) supervised by an adult; and\n\nCity of Darwin By-laws 2023 18\n(iii) safely contained in a barbecue, fireplace or fire pit\nconstructed of fireproof materials that is:\n(A) not larger than 1 m 2; and\n(B) at least 4 m away from any flammable vegetation\nor other flammable material.\n(2) A person commits an offence if the person lights a fire or keeps a\nfire burning contrary to clause (1).\n(4) A person operating a crematorium or incinerator licensed under a\nlaw of the Territory or approved by the City is exempt from\nNote for by-law 35\nThe Bushfires Management Act 2016 also provides for the control of fires.\n","sortOrder":29},{"sectionNumber":"36","sectionType":"section","heading":"Breaking glass or other material","content":"36 Breaking glass or other material\n(a) the person breaks glass or other material; and\n(b) the pieces of the glass or other material are on public land;\nand\n(c) the pieces of the glass or other material result in a foreseeable\nrisk of injury to a person or animal.\n(3) It is a defence to a prosecution for an offence against clause (1) if:\n(a) the breakage was accidental; and\n\nCity of Darwin By-laws 2023 19\n(b) the broken pieces were collected and disposed of safely and\nwithout delay.\n","sortOrder":30},{"sectionNumber":"37","sectionType":"section","heading":"Unsafe or cluttered premises","content":"37 Unsafe or cluttered premises\n(1) The owner or occupier of premises must not:\n(a) keep rubbish or discarded goods in open areas on the\npremises; or\n(b) allow the premises to:\n(i) become overgrown with vegetation; or\n(ii) attract reptiles or vermin; or\n(iii) be a fire hazard.\n1 Rubbish includes yard waste, empty bottles, empty cans and used packaging\nmaterials.\n2 Discarded goods include damaged furniture, old appliances, cast-off vehicle\nparts and broken equipment.\n3 Premises with overgrown grass and algae in unmaintained pools attract\nsnakes and are breeding grounds for mosquitos.\nNote for by-law 37\nNon-compliance with this by-law can result in an enforcement notice, or a\nregulatory order under the Act, to remove the rubbish or discarded goods and\nentry by the City to clean up the land at the owner's expense.\n\nCity of Darwin By-laws 2023 20\n","sortOrder":31},{"sectionNumber":"38","sectionType":"section","heading":"Unsanitary behaviour","content":"38 Unsanitary behaviour\n(1) A person commits an offence if the person spits, urinates or\ndefecates on public land, other than in a toilet.\n","sortOrder":32},{"sectionNumber":"39","sectionType":"section","heading":"Throwing stone or object","content":"39 Throwing stone or object\nA person commits an offence if the person:\n(a) intentionally throws, or uses a device to throw, a stone or\nother object onto, into or from public land; and\n(b) the conduct results in:\n(i) damage to property; or\n(ii) hitting or frightening a person or animal; and\nNote for by-law 39\n","sortOrder":33},{"sectionNumber":"40","sectionType":"section","heading":"Purpose","content":"40 Purpose\nThe purpose of this Part is to ensure:\n(a) the socially responsible ownership of animals; and\n(b) the protection of the environment and the community.\nNote for by-law 40\nOwners of animals also owe a duty of care under legislation protecting animal\nwelfare.\n\nCity of Darwin By-laws 2023 21\n","sortOrder":34},{"sectionNumber":"41","sectionType":"section","heading":"Registration required","content":"41 Registration required\n(1) The owner of a dog or cat that is kept in Darwin must register it with\nthe City.\n(2) The City must, by resolution, determine the following:\n(a) the process for registering dogs and cats;\n(b) any grounds for refusing to register a dog or cat;\n(c) any conditions of registration;\n(d) date of expiry of a registration.\nExamples for clause (2)(b)\nUnsuitable premises or excessive number of dogs or cats.\n","sortOrder":35},{"sectionNumber":"42","sectionType":"section","heading":"Offence of unregistered dog or cat","content":"42 Offence of unregistered dog or cat\n(1) A person commits an offence if the person keeps an unregistered\ndog or cat in Darwin for a period of 3 months or longer.\n(3) The following persons are exempt from clause (1):\n(a) a City employee or contractor who keeps a dog or cat in a\npound;\n(b) a person or entity that provides animal protection or welfare\nservices;\n(c) a veterinarian who keeps a dog or cat for treatment.\n","sortOrder":36},{"sectionNumber":"43","sectionType":"section","heading":"Identification device","content":"43 Identification device\n(1) A registered dog and cat must wear a tag issued by the City, or\napproved by an authorised person, when outside the premises\nwhere the dog or cat is kept.\n(2) If required by the City, a dog or cat must be implanted with a\nmicrochip in addition to wearing a tag.\n\nCity of Darwin By-laws 2023 22\n(3) An implanted microchip must:\n(a) meet the specifications determined by the City; and\n(b) be designed to store information in a way that can be retrieved\nelectronically without physical contact.\n(4) The owner of a registered dog or cat must ensure that it:\n(a) wears the tag issued for it when outside the premises where it\nis kept; and\n(b) is implanted with a microchip if required under clause (2).\n","sortOrder":37},{"sectionNumber":"44","sectionType":"section","heading":"Offences related to identification device","content":"44 Offences related to identification device\n(1) The owner of a registered dog or cat must not:\n(a) allow it to be outside the premises where it is kept without\nwearing the tag issued for it; or\n(b) remove from it any microchip implanted under by-law 43.\n","sortOrder":38},{"sectionNumber":"45","sectionType":"section","heading":"Offence for contravention of condition of registration","content":"45 Offence for contravention of condition of registration\n(1) The owner of a registered dog or cat must comply with any\nconditions on the registration determined by the City.\n(a) the person is the owner of a registered dog or cat; and\n(b) the registration of the dog or cat is subject to a condition; and\n(c) the owner fails to comply with the condition.\n\nCity of Darwin By-laws 2023 23\n","sortOrder":39},{"sectionNumber":"46","sectionType":"section","heading":"Notice of change in address or owner","content":"46 Notice of change in address or owner\n(1) The owner of a registered dog or cat must notify the City of the\nfollowing events:\n(a) a change in the owner's address;\n(b) a transfer of the dog or cat to a new owner.\n(2) The notice must be given in the approved form within 14 days after\nthe day the event occurred and include the following:\n(a) the particulars of the animal;\n(b) the contact details of the owner;\n(c) in the case of a transfer of the dog or cat to a new owner – the\ncontact details of both the new and former owners.\n(3) A person commits an offence if:\n(a) the person is the owner of a registered dog or cat; and\n(b) the person fails to comply with clause (1) or (2).\n","sortOrder":40},{"sectionNumber":"47","sectionType":"section","heading":"Proper containment of dogs and cats","content":"47 Proper containment of dogs and cats\n(1) The owner of a dog or cat must properly contain the dog or cat\nwhen it is on the premises where it is kept.\n(a) the person is the owner of a dog or cat; and\n(b) the dog or cat is not properly contained when it is on the\npremises where it is kept.\n\nCity of Darwin By-laws 2023 24\n(4) To avoid doubt, the following matters are not relevant to an offence\nagainst clause (2):\n(a) the time during which the dog or cat was not properly\ncontained;\n(b) the ability of the owner to properly contain the dog or cat.\n","sortOrder":41},{"sectionNumber":"48","sectionType":"section","heading":"Keeping dogs and cats under effective control","content":"48 Keeping dogs and cats under effective control\n(1) The owner of a dog or cat must ensure that the dog or cat is under\neffective control when outside the premises where the animal is\nkept.\n(2) For these By-laws, a dog or cat is taken to be under effective\ncontrol if the dog or cat is:\n(a) restrained by a leash or similar device that:\n(i) is no longer than 2 m; and\n(ii) is held by a person who is over the age of 12 years and\ncompetent to restrain the dog or cat; or\n(b) safely enclosed in a vehicle, or in or on the back of a flat-\ntopped, tray-backed or well-bodied vehicle, in such a manner\nthat no part of the dog or cat is projecting from the vehicle; or\n(c) otherwise leashed or restrained and unable to run free.\n(3) For these By-laws, a dog in a dog exercise area is taken to be\nunder effective control if:\n(a) the dog is complying with the conditions specified for the area;\nand\n(b) the dog is immediately responsive to a voice command of its\nowner; and\n(c) the dog is not a female dog in oestrus; and\n(d) the owner is carrying a leash or similar device in accordance\nwith clause (2)(a).\n(4) A person commits an offence if:\n(a) the person is the owner of a dog or cat; and\n\nCity of Darwin By-laws 2023 25\n(b) the dog or cat is not under effective control when outside the\npremises where the animal is kept.\n","sortOrder":42},{"sectionNumber":"49","sectionType":"section","heading":"Maximum number of dogs and cats","content":"49 Maximum number of dogs and cats\n(1) The City may, by resolution, establish a limit or condition on the\nmaximum number of dogs or cats that may be kept on premises in\nDarwin.\nThe maximum number of dogs and cats allowed on premises or limits or\nconditions on the breeding of dogs and cats and the suitability of those premises\nand the impact on neighbours.\n(2) The City must publish the limit or condition.\n(3) A person must not, without an authorisation, keep dogs or cats on\npremises contrary to any limit or condition established by the City\non the maximum number of dogs or cats that may be kept on\npremises in Darwin.\n(4) An occupier of premises commits an offence if:\n(a) the City, by resolution, establishes a limit or condition on the\nmaximum number of dogs or cats that may be kept on the\npremises; and\n(b) the occupier keeps dogs or cats on the premises contrary to\nthe limit or condition; and\n(c) the occupier does not have an authorisation allowing that\nconduct.\n(6) A person who contravenes clause (3) is not entitled to apply for, or\nto be granted, an authorisation referred to in that clause for a period\nof 12 months from the day of the last contravention.\n\nCity of Darwin By-laws 2023 26\n","sortOrder":43},{"sectionNumber":"50","sectionType":"section","heading":"Dog exercise areas","content":"50 Dog exercise areas\n(1) The City may declare an area to be a dog exercise area.\n(2) If the City intends to declare an area to be a dog exercise area, the\nCity must:\n(a) publish notice of the proposed area at least 28 days in\nadvance; and\n(b) consider any responses to the notice from residents of Darwin.\n(3) The City must publish the location and conditions for using any dog\nexercise area or class of dog exercise area it declares.\nExamples for clause (3)\n","sortOrder":44},{"sectionNumber":"1","sectionType":"section","heading":"The times to exercise dogs in the area.","content":"1 The times to exercise dogs in the area.\n","sortOrder":45},{"sectionNumber":"2","sectionType":"section","heading":"When female dogs in oestrus are allowed in the area.","content":"2 When female dogs in oestrus are allowed in the area.\n(4) The owner of a dog using a dog exercise area must comply with the\nconditions for the area.\n(5) The owner of a dangerous dog must ensure the dog does not enter\na dog exercise area.\n","sortOrder":46},{"sectionNumber":"51","sectionType":"section","heading":"Dog and cat restricted areas","content":"51 Dog and cat restricted areas\n(1) The City may declare an area to be a dog or cat restricted area.\n(2) If the City intends to declare an area to be a dog or cat restricted\narea, the City must:\n(a) publish notice of the proposed area at least 28 days in\nadvance; and\n(b) consider any responses to the notice from residents of Darwin.\n(3) The City must publish the location and restrictions on dogs and cats\nin any dog or cat restricted area it declares.\nExamples for clause (3)\n1 Prohibiting taking a dog or cat into a market or festival.\n2 Restricting classes or numbers of dogs or cats in an area.\n(4) An assistance animal is exempt from this by-law.\n(5) The owner of a dog or cat must comply with the conditions for the\ndog or cat restricted area.\n\nCity of Darwin By-laws 2023 27\n","sortOrder":47},{"sectionNumber":"52","sectionType":"section","heading":"Special cat control area","content":"52 Special cat control area\n(1) The City may declare an area to be a special cat control area to\nprotect biodiversity or wildlife vulnerable to predation by cats.\nA special cat control area may include or be adjacent to an area of biodiversity or\nvulnerable wildlife.\n(2) The City must publish the location and restrictions on cats in any\nspecial cat control area it declares.\n(3) Despite by-law 47(2)(b), the owner of a cat in a special cat control\narea must keep the cat inside a building, enclosed cat run or other\nstructure on the premises from which the animal is unable to\nescape.\n","sortOrder":48},{"sectionNumber":"53","sectionType":"section","heading":"Remedial action for contravention of areas related to cats","content":"53 Remedial action for contravention of areas related to cats\n(1) If the owner of a cat fails to comply with the duties of an owner\nunder by-law 51 or 52 more than once in a 12-month period, the\nCEO may require the owner to take one or more of the following\nactions:\n(a) desex the cat at the owner's expense;\n(b) make specified changes to the cat's enclosure or containment\narea at the owner's expense;\n(c) surrender the cat to the pound.\n(2) If the CEO intends to take action under clause (1), the CEO must\ngive the owner of the cat a notice that:\n(a) states what action the CEO is proposing under that clause;\nand\n(b) states the grounds for taking that action; and\n(c) invites the owner to show cause, within 14 days, why the\naction should not be taken.\n(3) After considering any response received within 14 days after the\nday of the notice, the CEO must decide whether to take action\nunder clause (1).\n(4) As soon as practicable after making a decision under clause (3),\nthe CEO must give a decision notice to the owner of the cat.\n\nCity of Darwin By-laws 2023 28\n","sortOrder":49},{"sectionNumber":"54","sectionType":"section","heading":"Offences related to areas","content":"54 Offences related to areas\n(1) A person commits an offence if the person:\n(a) owns a dog; and\n(b) fails to comply with the conditions for a dog exercise area or a\ndog restricted area under by-law 51.\n(2) A person commits an offence if the person:\n(a) owns a dangerous dog; and\n(b) the dog enters a dog exercise area.\n(a) owns a cat; and\n(b) fails to comply with the conditions for a cat restricted area\nunder by-law 51.\n(4) A person commits an offence if:\n(a) the person owns a cat; and\n(b) the cat is in a special cat control area under by-law 52; and\n(c) the person fails to keep the cat inside a building, enclosed cat\nrun or other structure on the premises from which the cat is\nunable to escape.\n\nCity of Darwin By-laws 2023 29\n(5) An offence against clause (1), (2), (3) or (4) is an offence of strict\nliability.\n","sortOrder":50},{"sectionNumber":"55","sectionType":"section","heading":"Dog menaces","content":"55 Dog menaces\n(1) An owner of a dog must ensure that it does not menace a person or\nanother animal.\n(2) For these By-laws, a dog is taken to menace a person or animal if it\nchases, harasses, rushes at or threatens to bite the person or\nanimal in a manner that causes a reasonable apprehension of fear\nin the person or animal.\n(3) The owner of a dog commits an offence if the owner fails to comply\n","sortOrder":51},{"sectionNumber":"56","sectionType":"section","heading":"Dog attacks","content":"56 Dog attacks\n(1) The owner of a dog must ensure that it does not behave\naggressively resulting in:\n(a) physical contact with a person or another animal; or\n(b) damage to anything worn by the person or the animal.\n(2) The owner of a dog commits an offence if the owner fails to comply\nMaximum penalty: 60 penalty units.\nThe infringement amount is 5 penalty units.\n","sortOrder":52},{"sectionNumber":"57","sectionType":"section","heading":"Serious dog attack","content":"57 Serious dog attack\n(1) The owner of a dog must ensure that it does not:\n(a) bite a person or another animal causing a puncture or break to\nthe skin; or\n\nCity of Darwin By-laws 2023 30\n(b) assault a person or another animal resulting in bleeding, bone\nbreakage, sprains, scratches or bruising.\n(2) The owner of a dog commits an offence if the owner fails to comply\nMaximum penalty: 80 penalty units or, for an aggravated\noffence, 100 penalty units.\nThe infringement amount is 7 penalty units or, for an aggravated offence,\n9 penalty units.\n(4) The maximum penalty specified in clause (2) for an aggravated\noffence applies to the offence if the bite or assault causes or results\nin substantial injury to, or death of, the person or the other animal.\nExamples of substantial injury\n1 Multiple and deep punctures from a single bite.\n2 An injury requiring hospital or veterinary treatment.\n3 Infection or deep bruising around the wound or wounds from the dog shaking\nits head from side to side.\n58 Defences\nIt is a defence to a prosecution for an offence against by-law 55\nor 56 if:\n(a) another person had, without the defendant's permission,\ncaused the dog to menace or attack the person or another\nanimal; or\n(b) in the case of another animal being menaced or attacked – the\nother animal was on premises owned or occupied by the\ndefendant without consent; or\n(c) in the case of a person being menaced or attacked – the\nperson was on premises owned or occupied by the defendant\nwithout consent.\nNote for by-law 58\n\nCity of Darwin By-laws 2023 31\n","sortOrder":53},{"sectionNumber":"59","sectionType":"section","heading":"Enticement or incitement","content":"59 Enticement or incitement\n(1) A person must not entice or incite a dog to:\n(a) menace a person or animal; or\n(b) engage in behaviour that is prohibited by by-law 78; or\n(c) attack a person or animal.\nExample for clause (1)\nA person must not cause a neighbour's dog to start barking excessively in order\nto make a complaint about the neighbour's dog.\n(a) the person intentionally engages in conduct; and\n(b) the conduct causes a dog to:\n(i) menace a person or animal; or\n(ii) engage in behaviour that is prohibited by by-law 78; or\n(iii) attack a person or animal; and\n","sortOrder":54},{"sectionNumber":"60","sectionType":"section","heading":"Dangerous dog","content":"60 Dangerous dog\n(1) An authorised person may, by written notice, declare a dog to be a\ndangerous dog if:\n(a) the dog menaces or attacks a person or an animal; or\n(b) the authorised person believes on reasonable grounds that\nthe dog is destructive, dangerous, savage or a threat to the\nsafety of the community.\n(2) The authorised person must give written notice of the declaration to\nthe owner of the dog.\n(3) The written notice of the declaration must be in the approved form\nand include the following information:\n(a) the day the declaration takes effect;\n\nCity of Darwin By-laws 2023 32\n(b) the reasons for the declaration;\n(c) the identity of the dog and the owner of the dog.\n(4) The City must keep a record of the information in clause (3).\n","sortOrder":55},{"sectionNumber":"61","sectionType":"section","heading":"Duties of owner of dangerous dog","content":"61 Duties of owner of dangerous dog\n(1) This by-law applies to the owner of a dog that is declared to be a\ndangerous dog.\n(2) The owner must, within 14 days after the day the declaration takes\neffect:\n(a) desex the dangerous dog, unless it is already desexed, at the\nowner's expense; and\n(b) provide, to an authorised person, evidence from a veterinarian\nthat the dog is desexed; and\n(c) undergo behavioural or other training with the dog, as\nspecified by the CEO, at the owner's expense.\n(3) The owner must ensure that the containment required under\nby-law 47(1) is appropriate to the danger posed by the dangerous\ndog.\nInstalling higher and stronger fencing for a large dangerous dog.\n(4) The owner must post signage on the premises where the\ndangerous dog is kept, with the words \"Warning Dangerous Dog\"\nclearly visible and legible from the front boundary of the premises.\n(5) When the dangerous dog is outside the premises where it is kept,\nthe owner must ensure that:\n(a) the dog is kept under the effective control of a person who is\nat least 18 years of age and competent to restrain the dog;\nand\n(b) the dog is muzzled and controlled by a suitable leash; and\n(c) the dog does not enter a dog exercise area.\n(6) If the owner intends to keep the dangerous dog for more than\n14 days at a place other than the premises where it is usually kept,\nthe owner must notify the City of the address of the place within\n24 hours after the dog is relocated.\n\nCity of Darwin By-laws 2023 33\n(7) The owner must notify the City of any attack, or alleged attack, by\nthe dangerous dog of a person or animal within 24 hours of the time\nthe owner becomes aware of the attack or alleged attack.\n","sortOrder":56},{"sectionNumber":"62","sectionType":"section","heading":"Notice about loss or transfer of dangerous dog","content":"62 Notice about loss or transfer of dangerous dog\n(1) The owner of a dangerous dog must notify the City if the dog is\nmissing or dies.\n(2) The notice must be given:\n(a) within 24 hours after the owner becomes aware the dog is\nmissing; or\n(b) within 14 days after the day of its death.\n(3) If the owner of a dangerous dog intends to transfer ownership of the\ndangerous dog, the owner must inform the prospective owner that\nthe dog is dangerous.\n(4) In the case of the transfer of a dangerous dog, the notice to the City\nunder by-law 46 must be given within 24 hours after the transfer.\n","sortOrder":57},{"sectionNumber":"63","sectionType":"section","heading":"Offences related to dangerous dog","content":"63 Offences related to dangerous dog\n(1) A person commits an offence if the person:\n(a) is the owner of a dog that is declared to be a dangerous dog;\nand\n(b) fails to comply with by-law 61 or 62.\nThe infringement amount is 9 penalty units.\n","sortOrder":58},{"sectionNumber":"64","sectionType":"section","heading":"Remedial action for dangerous dog","content":"64 Remedial action for dangerous dog\n(1) If the owner of a dangerous dog fails to comply with the duties of an\nowner under by-law 61 more than once in a 12-month period, the\nCEO may require the owner to take either or both of the following\nactions:\n(a) undergo further specified behavioural or other training with the\ndog at the owner's expense;\n(b) surrender the dog to the pound.\n\nCity of Darwin By-laws 2023 34\n(2) If the CEO intends to take action under clause (1), the CEO must\ngive the owner of the dangerous dog a notice that:\n(a) states what action the CEO is proposing under that clause;\nand\n(b) states the grounds for taking that action; and\n(c) invites the owner to show cause, within 14 days, why the\naction should not be taken.\n(3) After considering any response received within 14 days after the\nday of the notice, the CEO must decide whether to take action\nunder clause (1).\n(4) As soon as practicable after making a decision under clause (3),\nthe CEO must give a decision notice to the owner of the dangerous\ndog.\n","sortOrder":59},{"sectionNumber":"65","sectionType":"section","heading":"Court order","content":"65 Court order\nIf a court finds a person guilty of an offence against by-law 55, 56,\nor 57 the court may make one or both of the following orders in\naddition to, or instead of, the penalty for the offence:\n(a) if the dog is impounded as a result of the offence – an order\nthat the person pay the costs and expenses of, and incidental\nto, the impounding;\n(b) an order that the dog be destroyed.\n","sortOrder":60},{"sectionNumber":"66","sectionType":"section","heading":"Seizure and impounding","content":"66 Seizure and impounding\n(1) An authorised person may seize:\n(a) a dog or cat that appears to be diseased, injured, savage,\ndestructive, stray or unregistered; or\n(b) a dog or cat that is at large; or\n(c) a dangerous dog whose owner is not complying with\nDivision 3; or\n(d) any animal that an authorised person believes on reasonable\ngrounds has attacked a person.\n\nCity of Darwin By-laws 2023 35\n(2) As soon as practicable after seizing a dog or cat, the authorised\nperson must:\n(a) impound the dog or cat in a pound; or\n(b) take reasonable steps to return the dog or cat to its owner if\nsatisfied that:\n(i) it is not diseased, injured, savage or destructive; or\n(ii) in the case of a dangerous dog whose owner is not\ncomplying with Division 3 – the owner is willing and able\nto comply with Division 3.\n","sortOrder":61},{"sectionNumber":"67","sectionType":"section","heading":"Notice of impounding","content":"67 Notice of impounding\n(1) The CEO must ensure that reasonable steps are taken to notify the\nowner of an impounded dog or cat that it is impounded and\nwhether:\n(a) the owner must collect it; or\n(b) the owner must await a decision regarding the destruction or\ndisposal under by-laws 69 to 71; or\n(c) the dog or cat is subject to destruction or disposal under\nby-laws 69 to 71.\n(2) The owner of an impounded dog or cat who receives a notice under\nclause (1)(a) must collect the dog or cat within the time specified in\n(a) owns a dog or cat; and\n(b) receives a notice under clause (1)(a) that the owner must\ncollect it; and\n(c) fails to collect the dog or cat within the time specified in the\n\nCity of Darwin By-laws 2023 36\n","sortOrder":62},{"sectionNumber":"68","sectionType":"section","heading":"Release from pound","content":"68 Release from pound\n(1) When collecting a dog or cat from a pound, a person must provide\nevidence that the person is the owner of the dog or cat or is\nauthorised to act on behalf of the owner.\n(2) The City may charge the owner a fee for:\n(a) the costs incurred by the City in relation to the impounded dog\nor cat; and\n(b) delivering the dog or cat from the pound.\n(3) Subject to by-laws 69 to 71, an impounded dog or cat must not be\nreleased from a pound unless:\n(a) it is registered and implanted with a microchip in accordance\nwith by-law 43; and\n(b) it is released to its owner or to a person authorised to act on\nbehalf of the owner; and\n(c) the City receives any fees payable in relation to it.\n(4) Clause (3)(a) does not apply to a dog or cat that is usually kept\noutside the City.\n","sortOrder":63},{"sectionNumber":"69","sectionType":"section","heading":"Diseased dog or cat","content":"69 Diseased dog or cat\n(1) The CEO must make arrangements for any impounded dog or cat\nthat is suspected of being infected with a contagious disease to be\nisolated from any other dog or cat in the pound.\n(2) The CEO must take reasonable steps to give the owner of a dog or\ncat isolated under clause (1) written notice:\n(a) stating the reasons for isolating it; and\n(b) warning that it must either undergo a course of treatment\nspecified in the notice or be destroyed.\n(3) The CEO may, in the notice given under clause (2), require the\nowner of the dog or cat to have a report prepared and given to the\nCEO on the condition of the dog or cat and any other animals kept\nat the same premises.\n(4) If required under clause (3), the owner must:\n(a) have the report prepared by a veterinarian or other person\nspecified in the notice; and\n\nCity of Darwin By-laws 2023 37\n(b) give the report to the CEO within the time specified in the\n(5) A dog or cat that is isolated under this by-law may be released from\nthe pound in accordance with by-law 68, subject to any conditions\nthe CEO considers appropriate.\n(6) The cost of treatment reasonably provided by the City to a diseased\ndog or cat in the pound infected or at risk of being infected by the\ndiseased dog or cat before it could reasonably be isolated, is a debt\npayable by the owner of the diseased dog or cat to the City.\n(7) An owner of a dog or cat commits an offence if the owner:\n(a) fails to comply with clause (4); or\n(b) fails to comply with a condition imposed under clause (5).\nNote for clause (7)\n(8) An offence against clause (7) is an offence of strict liability.\n","sortOrder":64},{"sectionNumber":"70","sectionType":"section","heading":"Destruction of animal","content":"70 Destruction of animal\n(1) The CEO may arrange for an animal to be destroyed if:\n(a) the animal is in the pound, is seized or abandoned or is found\non public land; and\n(b) the animal is diseased, injured, savage, destructive,\nunclaimed, unregistered or unwanted; and\n(c) it is humane to destroy the animal in the circumstances.\n(2) For these By-laws, a dog that bites or assaults as specified in\nby-law 57(4) is taken to be savage or destructive.\n","sortOrder":65},{"sectionNumber":"71","sectionType":"section","heading":"Destruction or disposal of impounded dogs and cats","content":"71 Destruction or disposal of impounded dogs and cats\n(1) Subject to this by-law, the CEO may, after a dog or cat is\nimpounded for 4 business days:\n(a) transfer the dog or cat to an entity that provides animal welfare\nservices; or\n(b) arrange for its destruction.\n\nCity of Darwin By-laws 2023 38\n(2) The CEO may make arrangements for the transfer of dogs and cats\nfrom a pound to a person or entity that provides animal welfare\nservices.\nExample for clause (2)\nArrangements could be made with the RSPCA and other organisations that\nprovide care for unwanted and stray animals.\n(3) The CEO must not destroy or dispose of an impounded dog or cat\nbecause it is savage, destructive, unclaimed, unregistered or\nunwanted until after the later of the following:\n(a) if circumstances related to the destruction are being\ninvestigated – the end of that investigation;\n(b) if the destruction is subject to legal proceedings – 14 days\nafter the end of those legal proceedings.\n(4) If an offence is being investigated in relation to an impounded dog\nor cat, it must not be destroyed or disposed of until the investigation\nis complete.\nExample for clause (4)\nIf a dog is alleged to have attacked a person, the dog would not be destroyed\nunless the investigation is complete.\n","sortOrder":66},{"sectionNumber":"72","sectionType":"section","heading":"Humane method","content":"72 Humane method\nAny destruction of a dog or cat under these By-laws must be done:\n(a) in a manner approved by the Australian Veterinary\nAssociation; and\n(b) by a veterinarian or another person who is, in the opinion of\nthe CEO, qualified to destroy it.\n","sortOrder":67},{"sectionNumber":"73","sectionType":"section","heading":"Prohibited animals other than livestock","content":"73 Prohibited animals other than livestock\nUnless authorised under a law of the Territory, the following\nanimals are prohibited from being kept in Darwin:\n(a) any wildlife as defined in the Territory Parks and Wildlife\nConservation Act 1976;\n(b) any animal declared to be a feral animal under the Territory\nParks and Wildlife Conservation Act 1976;\n\nCity of Darwin By-laws 2023 39\n(c) any animal declared to be a prohibited entrant under the\nTerritory Parks and Wildlife Conservation Act 1976.\n","sortOrder":68},{"sectionNumber":"74","sectionType":"section","heading":"Livestock","content":"74 Livestock\n(1) Livestock are prohibited from being kept in Darwin except where\nallowed under this by-law.\nLivestock includes honey bees, horses, poultry, crocodiles, cattle, buffalo,\ncamels, sheep, goats, pigs, deer, llamas and alpacas.\n(2) Honey bees may be kept anywhere in Darwin.\n(3) Horses may be kept in Darwin only on the following land:\n(a) land zoned as RL – Rural Living;\n(b) land zoned as OR – Organised Recreation.\n(4) Chickens and roosters may be kept in Darwin only if:\n(a) they are kept only on:\n(i) land zoned as RL – Rural Living; or\n(ii) land used or developed for a single dwelling on a lot\ngreater than 600 m 2; or\n(iii) land used or developed for a community garden or a\nschool; and\n(b) they are properly contained on the premises; and\n(c) commencing on 2 October 2024 – they are limited to no more\nthan 20 chickens and 2 roosters on the same premises.\n(5) Any livestock, other than honey bees, horses and chickens, may be\nkept in Darwin only on land zoned as RL – Rural Living.\n(6) In this by-law:\nzoned means zoned by the Planning Scheme under the Planning\nAct 1999.\nNotes for by-law 74\n1 The Livestock Act 2008 provides for other measures for livestock in Darwin.\n2 Premises with livestock must be registered with the Northern Territory\nGovernment and obtain a property identification code (PIC), which identifies\nthe property where livestock are kept.\n\nCity of Darwin By-laws 2023 40\n","sortOrder":69},{"sectionNumber":"3","sectionType":"section","heading":"The Planning Scheme also provides rules on animal boarding, intensive","content":"3 The Planning Scheme also provides rules on animal boarding, intensive\nanimal husbandry and commercial stables.\n","sortOrder":70},{"sectionNumber":"75","sectionType":"section","heading":"Offence related to livestock and prohibited animals","content":"75 Offence related to livestock and prohibited animals\n(1) A person commits an offence if the person keeps an animal in\ncontravention of by-law 73 or 74.\n","sortOrder":71},{"sectionNumber":"76","sectionType":"section","heading":"Injuring or killing animals on public land","content":"76 Injuring or killing animals on public land\n(1) A person must not, without an authorisation, engage in conduct that\ncauses, or is likely to cause, injury or death to an animal on public\n(a) the person intentionally engages in conduct; and\n(b) the conduct results, or is likely to result, in injury or death to an\nanimal on public land; and\nNote for by-law 76\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Abandoning animal","content":"77 Abandoning animal\nA person commits an offence if the person intentionally abandons\nan animal in Darwin.\nNote for by-law 77\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Animal causing nuisance","content":"78 Animal causing nuisance\n(1) The owner of an animal must ensure that the animal is not a\nnuisance to people or other animals.\n\nCity of Darwin By-laws 2023 41\n(2) For these By-laws, an animal is taken to be a nuisance if it:\n(a) is injurious or dangerous to the health of the community or\nanother person or animal; or\n(b) behaves repeatedly in a manner contrary to the general\ninterest of the community or specific interests of another\nperson; or\n(c) creates a noise or an odour to a degree or extent that disturbs\nthe reasonable mental, physical or social well-being of a\nperson other than its owner; or\n(d) defecates to a degree or extent that causes annoyance to a\nperson other than its owner.\nExamples for clause (2)(c)\n1 Constant or loud dog barking, cat caterwauling, rooster crowing or bird\nsquawking, especially when pedestrians walk past the premises.\n2 Noxious smelling coops or cages used for keeping poultry.\n(3) The owner of an animal that defecates in public must immediately\nremove the faeces and dispose of them in a sanitary manner.\n(4) The owner of an animal must ensure it does not aggressively chase\na person or vehicle or another animal.\n(5) The owner of an animal (other than an assistance animal) must not\nallow the animal to come within 10 m of the following:\n(a) a public play structure;\n(b) a public exercise structure;\n(c) a public BBQ.\n(6) A person must not bring an animal into a pedestrian mall unless:\n(a) the animal is an assistance animal; or\n(b) the person holds an authorisation to do so; or\n(c) the animal is allowed under an exemption determined by the\nCity, by resolution.\n(7) A person must not feed a wild or feral animal.\n\nCity of Darwin By-laws 2023 42\n(8) A person commits an offence if the person fails to comply with\nclause (1), (3), (4), (5), (6) or (7).\nNote for clause (8)\n(9) An offence against clause (8) is an offence of strict liability.\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Purpose","content":"79 Purpose\n(a) regulate traffic and vehicles where they are not regulated\nunder other legislation; and\n(b) protect the environment and enhance the enjoyment by\nresidents of Darwin's outdoor lifestyle; and\n(c) protect public land and City property from damage; and\n(d) protect the public from unnecessary inconveniences and\nnuisances.\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Control of vehicles","content":"80 Control of vehicles\n(1) The City must take reasonable steps to post signs warning the\npublic of any restriction or prohibition established by the City in\nrelation to vehicles on a footpath, a road or public land.\n1 No bicycles on a footpath.\n2 No skateboards in a pedestrian mall.\n3 No heavy vehicles on a road or bridge.\n(2) A person must not ride, drive or propel a vehicle contrary to any\nrestriction or prohibition established by the City.\n\nCity of Darwin By-laws 2023 43\nNote for by-law 80\nThe parking infringement scheme in Part 3, Division 3 of the Traffic\nRegulations 1999 also applies to contraventions under this Division.\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Control of motor vehicles in pedestrian mall","content":"81 Control of motor vehicles in pedestrian mall\n(1) A person must not park or drive a motor vehicle in a pedestrian mall\nunless:\n(a) it is an emergency vehicle or service vehicle; or\n(b) it is in the mall in accordance with an authorisation.\n(2) A person must not drive a motor vehicle, other than an emergency\nvehicle, in a pedestrian mall at a speed in excess of 5 km/h.\n(3) An authorised person or a police officer may remove any motor\nvehicle that is in a pedestrian mall contrary to this by-law to a place\neither within or outside the mall.\n(4) A person commits an offence if the person drives or parks a motor\nvehicle contrary to clause (1) or (2).\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Speed limit for boats on Lake Alexander","content":"82 Speed limit for boats on Lake Alexander\n(1) A person must not, without an authorisation, drive, propel, sail or\ntow a boat at a speed of more than 5 knots on Lake Alexander.\n\nCity of Darwin By-laws 2023 44\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Vehicle or boat maintenance on public land","content":"83 Vehicle or boat maintenance on public land\n(1) A person must not wash or repair a vehicle or boat on public land,\nother than at a place set aside by the City for this purpose.\n(4) It is a defence to a prosecution for an offence against clause (1) for\na repair, if the repair was necessary to remove the vehicle or boat\nfrom public land.\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Off-street parking areas","content":"84 Off-street parking areas\n(1) This by-law applies to any area owned, managed or controlled by\nthe City that is declared by the City to be an off-street parking area.\n(2) A person must not park a vehicle in an off-street parking area\ncontrary to the following:\n(a) a limit or prohibition on time or day indicated by a sign erected\nor placed in the parking area;\n(b) any markings for parking spaces in the parking area;\n(c) any other sign erected or placed in the parking area.\n\nCity of Darwin By-laws 2023 45\n(3) A person commits an offence if the person parks a vehicle in an\noff-street parking area contrary to clause (2).\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"On-street parking","content":"85 On-street parking\nFor the purpose of regulating on-street parking the City must:\n(a) determine the fees for parking on any street; and\n(b) determine the conditions for parking on any street; and\n(c) install equipment for the payment of the parking fees; and\n(d) establish online systems for the payment and collection of\nparking fees to supplement equipment on the street.\nNote for paragraph (d)\nBy-law 20 provides that payment systems must not discriminate against people\nwithout smart devices or the skills needed to use them.\n","sortOrder":81},{"sectionNumber":"86","sectionType":"section","heading":"Parking and driving on public park, public lawn or verge","content":"86 Parking and driving on public park, public lawn or verge\n(1) A person must not park or drive a motor vehicle on a public park, a\npublic lawn or the verge of a road unless:\n(a) the motor vehicle is an emergency vehicle or service vehicle;\nor\n(b) it is parked or driven in accordance with an authorisation; or\n(c) it is parked or driven on a cross-over constructed in\naccordance with by-law 87; or\n(d) the motor vehicle is in an allocated parking area.\n(2) A person must not park a motor vehicle on a cross-over or in a\nmanner that blocks a driveway unless:\n(a) the motor vehicle is an emergency vehicle or service vehicle;\nor\n(b) the motor vehicle is parked in accordance with an\nauthorisation; or\n\nCity of Darwin By-laws 2023 46\n(c) the motor vehicle is parked for the least time necessary to\ngain access to premises served by the cross-over or driveway.\n(3) A person commits an offence if the person parks or drives a motor\nvehicle contrary to clause (1) or (2).\n","sortOrder":82},{"sectionNumber":"87","sectionType":"section","heading":"Constructing cross-overs","content":"87 Constructing cross-overs\n(1) An owner or occupier of premises adjoining public land may apply\nfor an authorisation to construct the following:\n(a) a cross-over across a footpath, a verge or other public land to\nconnect a driveway on the premises to a road or other public\nland;\n(b) a cross-over for pedestrians or vehicles to travel between the\npremises and the public land.\nThe requirements in this Division are in addition to any other legal requirements\nthat apply to construction in Darwin, for example development permits and\nplanning standards.\n(2) After the owner or occupier obtains the authorisation referred to in\nclause (1), the person intending to construct a cross-over must\nobtain a separate authorisation (works permit) to carry out the\nconstruction of the cross-over.\n(3) A person commits an offence if the person constructs a cross-over\nreferred to in clause (1) without:\n(a) the owner or occupier of premises holding an authorisation to\nconstruct the cross-over; and\n\nCity of Darwin By-laws 2023 47\n(b) the person holding, or being employed by a person holding,\nthe works permit to carry out the construction of the cross-\nover.\n","sortOrder":83},{"sectionNumber":"88","sectionType":"section","heading":"Road work","content":"88 Road work\n(1) A person must not perform any of the following work without an\n(a) depositing any material, or erecting any structure, on a road;\n(b) opening or breaking up the surface of a road.\n(2) A person who performs work specified in clause (1)(a) or (b) must\nprevent harm or inconvenience to the public from the work and\nmaterials used for the work by:\n(a) managing any affected traffic appropriately; and\n(b) operating safety lights around the work and materials between\nsunset and sunrise or when visibility is otherwise reduced; and\n(c) installing appropriate fencing and enclosures around the work\nand materials.\nThe safety measures required by this by-law must be taken whether or not the\nwork is authorised by the City.\n(3) The CEO may give the person performing the work directions\nregarding compliance with the safety measures required by this\nby-law.\n(4) The cost of the safety measures must be paid by the person who\nperforms the work.\n\nCity of Darwin By-laws 2023 48\n","sortOrder":84},{"sectionNumber":"89","sectionType":"section","heading":"Prohibited excavations on adjoining land","content":"89 Prohibited excavations on adjoining land\n(1) A person must not, without an authorisation, excavate land\nadjoining public land.\n","sortOrder":85},{"sectionNumber":"90","sectionType":"section","heading":"Enclosing land to prevent risk of escaping soil","content":"90 Enclosing land to prevent risk of escaping soil\n(1) The CEO may, by written notice, require the owner or occupier of\nland to cause the land to be enclosed if:\n(a) the land adjoins a road, footpath or other public land; and\n(b) the land is not enclosed in a manner that prevents soil, sand\nor other material from being carried on to the road, footpath or\nother public land.\n(2) The owner or occupier of land who receives a notice under\nclause (1) must cause the land to be enclosed in accordance with\nthe notice at the owner or occupier's own cost.\n","sortOrder":86},{"sectionNumber":"91","sectionType":"section","heading":"Limits on barbed wire fence","content":"91 Limits on barbed wire fence\n(1) The owner or occupier of land must not, without an authorisation,\nerect or maintain a fence of barbed wire or similar material if:\n(a) the fence is on the boundary of the land or within 0.66 m of a\nroad or public land; or\n\nCity of Darwin By-laws 2023 49\n(b) the barbed wire or similar material is at a height lower than\n1.8 m above the ground.\n","sortOrder":87},{"sectionNumber":"92","sectionType":"section","heading":"Damage to footpath, road or public land","content":"92 Damage to footpath, road or public land\n(1) A person must not, without an authorisation, cause damage to a\nfootpath, road or other public land.\n1 Removing a road kerb.\n2 Digging up public land.\n3 Spilling wet concrete, motor oil or hydraulic fluid on a road.\n4 Driving heavy vehicles over public land.\n93 Structures on footpath, road or public land\n(1) A person must not, without an authorisation, erect or install a\nstructure or other thing, whether permanent or temporary, on a\nfootpath, road or other public land.\n1 Laying a pipe, cable or conduit on public land.\n2 Erecting a post, a barrier, furniture or a stall on public land.\n(2) A person must not, without an authorisation, remove or displace a\nbarrier, railing, post, seat or other structure on public land.\n\nCity of Darwin By-laws 2023 50\n","sortOrder":88},{"sectionNumber":"94","sectionType":"section","heading":"Street numbering","content":"94 Street numbering\n(1) The City may provide, affix or replace a number on premises\nadjoining a road in accordance with any plan or system established\nby the City for the numbering of premises or land adjacent to a\nroad.\n(2) The CEO may, by written notice, require the owner or occupier of\npremises to affix or replace the number on premises within the time\nspecified in the notice.\n","sortOrder":89},{"sectionNumber":"95","sectionType":"section","heading":"Busking and other activities on public land","content":"95 Busking and other activities on public land\n(1) A person may apply for an authorisation to engage in the following\nactivities on public land:\n(a) busking, performing or offering entertainment to the public;\n(b) painting or drawing portraits for a fee or donation;\n(c) taking photographs, making a film or recording audio or video\nfor commercial or corporate purposes;\n(d) fundraising;\n(e) preaching or proselytising for religious, political or ideological\npurposes;\n(f) activities related to community or pastoral care.\n1 Singing or playing guitar for donations in the Smith Street Mall.\n2 Setting up an easel to paint or draw the faces of tourists.\n3 Filming a movie or video on location in Darwin.\n4 Street fundraising also known as \"charity mugging\".\n5 Soup kitchens or portable laundry services.\n\nCity of Darwin By-laws 2023 51\n(2) A person must not, without an authorisation, engage in the activities\nreferred to in clause (1)(a) to (f).\nNote for by-law 95\nThe Trespass Act 2023 provides a legal process to remove people from land and\nto ban them from returning.\n","sortOrder":90},{"sectionNumber":"96","sectionType":"section","heading":"Goods or equipment on public land","content":"96 Goods or equipment on public land\n(1) A person must not, without an authorisation, place goods or\nequipment in, on or over public land, or outside premises adjoining\npublic land.\nA works permit is needed to place construction equipment, building materials or a\nskip for construction waste on public land.\n(4) The following circumstances are not relevant to an offence against\nclause (2):\n(a) whether the goods or equipment cause an obstruction;\n(b) whether the goods or equipment are for sale.\n","sortOrder":91},{"sectionNumber":"97","sectionType":"section","heading":"Abandoned goods","content":"97 Abandoned goods\n(1) An authorised person may seize any goods abandoned on public\n\nCity of Darwin By-laws 2023 52\n(2) The goods of people experiencing homelessness or people\nsleeping rough must be respected as not abandoned, but may be\nconsidered abandoned if left unattended for more than 24 hours.\nNote for by-law 97\nSeized goods may be sold or otherwise disposed of under by-law 157.\n","sortOrder":92},{"sectionNumber":"98","sectionType":"section","heading":"Defacing property","content":"98 Defacing property\n(1) A person must not, without an authorisation, affix a handbill to:\n(a) a power pole, signpost or fixture in a street; or\n(b) a structure on land adjoining public land; or\n(c) a vehicle on public land.\n(2) A person who affixes a handbill under an authorisation must:\n(a) ensure that the handbill is preserved in a clean and tidy\ncondition; and\n(b) remove the handbill after the information it contains expires or\nis no longer relevant; and\n(c) properly dispose of any waste arising from the handbill.\nExample for clause (2)(b)\nTake down a concert handbill after the concert is over.\n(3) An authorised person may, by written notice, require the following\npersons to remove or remediate any handbill that is dirty, untidy,\nworn, torn or detached:\n(a) any person who was issued the authorisation to post the\nhandbill;\n(b) the owner or occupier of the land where the handbill is posted;\n(c) the person who sponsored or is responsible for the handbill.\n(4) A person who receives a notice under clause (3) must comply with\nclause (1), (2) or (4).\n\nCity of Darwin By-laws 2023 53\n","sortOrder":93},{"sectionNumber":"99","sectionType":"section","heading":"Other prohibited activities on public land","content":"99 Other prohibited activities on public land\n(1) A person must not, without an authorisation, discharge a substance\ninto the air over public land that may cause harm or annoyance to\nanother person.\nMoisture from an air conditioner, kitchen fumes, smoke, vapour, dust or other\nwaste products.\n(2) A person must not, without an authorisation, climb, walk or remain\non a roof, covering or canopy erected over a road or pedestrian\nmall.\n(4) An offence against clause (4) is an offence of strict liability.\n","sortOrder":94},{"sectionNumber":"100","sectionType":"section","heading":"Camping or setting up camp on public land","content":"100 Camping or setting up camp on public land\n(1) A person must not camp or set up camp on public land, without an\nauthorisation or the consent of the owner or occupier of the public\n(2) For this by-law, the following activities are taken to be camping or\nsetting up camp:\n(a) occupying, between sunset and sunrise, a vehicle used for\nsleeping;\n(b) erecting a tent or other shelter used for camping;\n(c) setting up bedding, camping gear or other equipment used for\ncamping.\n(3) A person commits an offence if:\n(a) the person camps or sets up camp on public land; and\n\nCity of Darwin By-laws 2023 54\n(b) the person does not have an authorisation or the consent of\nthe owner or occupier of the public land.\n(5) An authorised person may direct a person who fails to comply with\nclause (1) to do any of the following:\n(a) leave the public land;\n(b) remove any vehicle, tent, shelter, gear or equipment to a place\nspecified by the authorised person.\n(6) A person commits an offence if the person fails to comply with a\ndirection given under clause (5).\nNote for clause (6)\n(7) An offence against clause (6) is an offence of strict liability.\n","sortOrder":95},{"sectionNumber":"101","sectionType":"section","heading":"Obstruct or hinder use of public facilities","content":"101 Obstruct or hinder use of public facilities\n(1) A person must not obstruct or hinder another person from using a\npublic facility.\nExamples of public facilities for clause (1)\nA footpath, walkway, public shelter, play or exercise structure, public toilet,\ndrinking fountain, water supply, barbecue or fireplace on public land.\n\nCity of Darwin By-laws 2023 55\n","sortOrder":96},{"sectionNumber":"102","sectionType":"section","heading":"Prohibitions relating to vegetation","content":"102 Prohibitions relating to vegetation\n(1) A person must not remove or damage vegetation on City property\nor public land unless:\n(a) the vegetation is being trimmed in accordance with\nby-law 103; or\n(b) the person has an authorisation for the conduct.\n1 Driving a vehicle on park land.\n2 Cutting a tree on City property.\n3 Digging up a flowerbed on City property.\n4 Plucking, cutting or taking from a public flowerbed.\n(2) A person must not, without an authorisation, plant vegetation on\nCity property or public land.\n","sortOrder":97},{"sectionNumber":"103","sectionType":"section","heading":"Trimming vegetation","content":"103 Trimming vegetation\n(1) The owner or occupier of land adjoining a footpath, verge or road\nmust trim or otherwise maintain vegetation on the land to prevent\nthe vegetation:\n(a) obstructing or damaging the footpath, verge or road; or\n(b) becoming a hazard to persons or property.\n1 Trimming a tree or shrub that blocks a footpath.\n2 Mowing grass to prevent infestation by snakes or vermin.\n\nCity of Darwin By-laws 2023 56\n(2) The CEO may, by written notice, require an owner or occupier of\nland to trim or otherwise maintain vegetation on the land if the CEO\nconsiders that it is:\n(a) obstructing or damaging a footpath, verge or road; or\n(b) becoming a hazard to persons or property.\n(3) The owner or occupier of land who receives a notice under\nclause (2) must trim or otherwise maintain the vegetation in\naccordance with the notice.\nclause (1) or (3).\n","sortOrder":98},{"sectionNumber":"104","sectionType":"section","heading":"City's public swimming facilities","content":"104 City's public swimming facilities\n(1) The conditions of use for a public swimming facility provided by the\nCity must be published.\n(2) A notice setting out the main conditions for using a public swimming\nfacility must be clearly exhibited in a conspicuous place at the\nfacility.\n(3) A person using a public swimming facility provided by the City must\ncomply with the conditions for using the facility.\n(4) The operator of the public swimming facility or an authorised person\nmay require a person who fails to comply with the conditions for\nusing the facility to leave the facility.\n(5) A person required to leave a public swimming facility under\nclause (4) must leave the facility immediately.\n","sortOrder":99},{"sectionNumber":"105","sectionType":"section","heading":"Swimming in Lake Alexander","content":"105 Swimming in Lake Alexander\n(1) A person must not foul or pollute:\n(a) the waters of Lake Alexander; or\n\nCity of Darwin By-laws 2023 57\n(b) a public dressing room, toilet or shower provided for people\nswimming in Lake Alexander.\n","sortOrder":100},{"sectionNumber":"106","sectionType":"section","heading":"Selling food and beverages on public land","content":"106 Selling food and beverages on public land\n(1) A person may apply for an authorisation to sell food and beverages\nto the public on public land.\n(2) A person must not, without an authorisation, sell food or beverages\nto the public on public land.\n","sortOrder":101},{"sectionNumber":"107","sectionType":"section","heading":"City markets","content":"107 City markets\nNothing in these By-laws prevents the City from establishing and\nmanaging its own markets and issuing stallholder permits for that\npurpose.\n","sortOrder":102},{"sectionNumber":"108","sectionType":"section","heading":"Market licence","content":"108 Market licence\n(1) A body corporate may apply for a market licence if it:\n(a) is in good standing; and\n(b) is incorporated under a law of the Territory or operates from\npremises in the Territory; and\n(c) is established for the purpose of managing a market.\n\nCity of Darwin By-laws 2023 58\n(2) Subject to by-law 107, a person must not, without a market licence,\nestablish or manage a market in Darwin.\n(3) A market must be operated only during the days and times\ndetermined by the City, by resolution.\n(4) The holder of a market licence may issue stallholder permits for\nstallholders to conduct business within the market.\n(5) A person commits an offence if the person:\n(a) establishes or manages a market in Darwin; and\n(b) does not hold a market licence for that purpose.\n(6) A person commits an offence if the person:\n(a) holds a market licence; and\n(b) fails to comply with the days and times determined by the City\nfor the market.\nMaximum penalty: 25 penalty units.\nNote for clause (6)\n(7) An offence against clause (5) or (6) is an offence of strict liability.\n","sortOrder":103},{"sectionNumber":"109","sectionType":"section","heading":"CEO directions","content":"109 CEO directions\n(1) To protect the unique character and role of markets in Darwin, the\nCEO may give reasonable written directions regarding the following\nto a stallholder association and stallholders:\n(a) the character of the market and the nature of the goods and\nservices offered at the market;\n(b) the location of stalls in the market and the flow of pedestrian\nand vehicular traffic at the market;\n(c) the environmental impact of the market;\n(d) the health and safety of persons at, or in the vicinity of, the\n\nCity of Darwin By-laws 2023 59\n(2) A stallholder association and each stallholder in a market must\ncomply with the directions given under clause (1).\n(a) holds a market licence or a stallholder permit; and\n(b) fails to comply with the reasonable written directions referred\nto in clause (1).\nMaximum penalty: 25 penalty units.\n","sortOrder":104},{"sectionNumber":"110","sectionType":"section","heading":"Stallholder permits","content":"110 Stallholder permits\n(1) A stallholder permit must specify the following:\n(a) the type of goods or services that the stallholder is allowed to\nsell at the market;\n(b) the location of the stall from which the goods or services may\nbe sold at the market;\n(c) the term of the permit;\n(d) any other conditions the City determines or the stallholder\nassociation requires.\n(2) A person must not, without a stallholder permit, sell goods or\nservices or otherwise conduct business within a market.\n(3) A person commits an offence if the person sells goods or services\nor otherwise conducts business without a stallholder permit within a\n","sortOrder":105},{"sectionNumber":"111","sectionType":"section","heading":"Obligations of stallholders","content":"111 Obligations of stallholders\n(1) A stallholder must:\n(a) comply with the conditions of the stallholder permit; and\n\nCity of Darwin By-laws 2023 60\n(b) comply with the reasonable directions of an authorised person\nconcerning the location and siting of the stall; and\n(c) maintain the stall in good order and condition to the\nsatisfaction of an authorised person; and\n(d) keep the site of the stall clean and free from waste and\nrecycling materials; and\n(e) not use or keep on the site of the stall:\n(i) any helium balloons; or\n(ii) any single use plastic bags, straws, utensils or\ncontainers; and\n(f) display the stallholder's name legibly and conspicuously on\nthe stall.\n(2) A stallholder must not do any of the following:\n(a) sell goods or services or otherwise conduct business at the\nmarket contrary to the days and times determined by the City\nfor the market;\n(b) call out their goods or services, make a noise or cause a\ndisturbance that is likely to be a nuisance or to annoy persons\nin the vicinity of their stall;\n(c) deposit or store packaging materials or goods at the market\noutside the stall;\n(d) obstruct the passage of pedestrians, disabled persons or\nvehicles at the market;\n(e) act in a manner offensive to a person in the vicinity of the stall.\n(a) is a stallholder; and\n(b) fails to comply with clause (1) or (2).\n\nCity of Darwin By-laws 2023 61\n","sortOrder":106},{"sectionNumber":"112","sectionType":"section","heading":"Selling vehicles and boats on public land","content":"112 Selling vehicles and boats on public land\n(1) A person must not, without an authorisation, display or expose for\nsale any vehicle or boat in, on or over public land or outside any\npremises adjoining public land.\n","sortOrder":107},{"sectionNumber":"113","sectionType":"section","heading":"Purpose","content":"113 Purpose\nThe purpose of this Part is to provide for a public library system that\nprovides:\n(a) free public access to books, reading, visual materials, internet\nresources and other information; and\n(b) places and activities for community learning; and\n(c) other services related to public libraries.\n","sortOrder":108},{"sectionNumber":"114","sectionType":"section","heading":"Public library system","content":"114 Public library system\n(1) The City must establish a public library system and determine the\nservices provided by the system and the conditions for using those\nservices.\n(2) The conditions for using public library services must be published.\n(3) A notice setting out the important conditions for using public library\nservices must be clearly exhibited in a conspicuous place in or\nabout each public library.\n\nCity of Darwin By-laws 2023 62\n","sortOrder":109},{"sectionNumber":"115","sectionType":"section","heading":"Registration of borrowers","content":"115 Registration of borrowers\n(1) A library officer may register persons as borrowers of library\nmaterial according to the classes of borrowers and borrowing\nprivileges determined by the City.\nThere may be different classes of borrowers with different borrowing privileges,\nfor example, temporary or non-resident borrowers.\n(2) A person wishing to be registered as a borrower of library material\nmay be required to provide a library officer with:\n(a) photo identification of the person; and\n(b) evidence of the person's place of residence.\n(3) The parent or guardian of a child under 16 years of age may\nregister the child if the parent or guardian accepts responsibility for\nfees or charges for lost or damaged library materials.\n(4) A person's registration as a borrower of library materials is not\ntransferrable.\n","sortOrder":110},{"sectionNumber":"116","sectionType":"section","heading":"Borrowing privileges","content":"116 Borrowing privileges\n(1) Subject to this by-law, a registered borrower may borrow, free of\ncharge for use away from a library, any library material designated\nby a library officer as available for lending.\n(2) A registered borrower of a class with restricted borrowing privileges\nmay only access library materials allowed under the class.\nExample for clause (2)\nAn online borrower may only access online library materials.\n(3) Any borrowing of library material is subject to this Part and any\nterms and conditions determined by the City.\n(4) Library material may be borrowed from a public library for such\nperiod of time as a library officer determines.\n","sortOrder":111},{"sectionNumber":"117","sectionType":"section","heading":"Identification of registered borrowers","content":"117 Identification of registered borrowers\nA library officer may issue library identification, including cards,\nregistration numbers or other means to identify registered\nborrowers, in accordance with the conditions determined by the\nCity.\n\nCity of Darwin By-laws 2023 63\n","sortOrder":112},{"sectionNumber":"118","sectionType":"section","heading":"Liability of borrower","content":"118 Liability of borrower\n(1) A registered borrower is liable for any loss of, or damage to, library\nmaterials borrowed with the borrower's library identification.\n(2) If library identification is lost, the registered borrower remains liable\nunder clause (1) until a library officer is notified of the loss of the\nidentification.\n","sortOrder":113},{"sectionNumber":"119","sectionType":"section","heading":"Notifications by borrower","content":"119 Notifications by borrower\nA registered borrower must notify a library officer if the borrower:\n(a) changes the borrower's name or address; or\n(b) loses, damages or destroys library materials; or\n(c) loses the borrower's library identification.\n","sortOrder":114},{"sectionNumber":"120","sectionType":"section","heading":"Revocation or suspension of registration","content":"120 Revocation or suspension of registration\n(1) A registered borrower may revoke the borrower's registration by\nnotifying a library officer.\n(2) A library officer may revoke or suspend a borrower's registration\nand library identification, if the borrower fails to comply with this\nPart or gives notice under clause (1).\n","sortOrder":115},{"sectionNumber":"121","sectionType":"section","heading":"Late library materials","content":"121 Late library materials\n(1) A library officer may, by written notice, require a person who\nborrows library material to return library materials that were not\nreturned on time.\n(2) A person who receives a written notice under clause (1) must return\nthe library materials without delay.\n(3) A library officer may refuse to lend library materials to a person who\nfails to return library materials on time.\n","sortOrder":116},{"sectionNumber":"122","sectionType":"section","heading":"Lost or damaged library materials","content":"122 Lost or damaged library materials\n(1) A library officer may, by written notice, require a person who\nborrows library material to pay:\n(a) a fee for failing to return the material; and\n(b) the cost of replacing or repairing the material if lost or\ndamaged while on loan to the person.\n\nCity of Darwin By-laws 2023 64\n(2) Library material that is stolen, lost or damaged remains the property\nof the City, even if replaced or paid for.\n(3) A person who receives a written notice under clause (1) must pay\nthe fee or cost within 15 days of receipt of the notice.\nclause (3).\n","sortOrder":117},{"sectionNumber":"123","sectionType":"section","heading":"Code of conduct","content":"123 Code of conduct\n(1) The City may establish a code of conduct for persons using or\npresent in public libraries.\n(2) Any code of conduct established by the City must be published and\nclearly exhibited in a conspicuous place in each public library.\n(3) A person who is using a public library or present in a public library\nmust comply with the code of conduct.\nclause (3).\n","sortOrder":118},{"sectionNumber":"124","sectionType":"section","heading":"Bringing things into public library","content":"124 Bringing things into public library\n(1) A person must not bring an animal into a public library other than:\n(a) an assistance animal; or\n(b) an animal permitted in the library for the purposes of an event\norganised for the animal.\nExample for clause (1)(b)\nPet time in the library.\n\nCity of Darwin By-laws 2023 65\n(2) A person must not bring a vehicle into a public library, unless:\n(a) it is a wheelchair or other mobility device needed by the\nperson; or\n(b) it is a skateboard, bicycle or similar thing allowed in by a\nlibrary officer.\n(3) Property left or abandoned in a public library may be disposed of in\nthe same manner as seized goods under by-law 157.\n","sortOrder":119},{"sectionNumber":"125","sectionType":"section","heading":"Prohibited conduct in libraries","content":"125 Prohibited conduct in libraries\n(1) A person must not engage in any of the following conduct:\n(a) taking library materials or other things without authority from a\npublic library;\n(b) disturbing, interrupting or annoying another person in a public\nlibrary;\n(c) behaving in a disorderly manner or using violent, abusive or\noffensive language in a public library;\n(d) entering or remaining in a public library if the person is under\nthe influence of liquor or an intoxicating drug.\n","sortOrder":120},{"sectionNumber":"126","sectionType":"section","heading":"Children","content":"126 Children\nA child under 10 years of age may enter a public library if the child\nis kept under direct supervision at all times by an adult or another\nperson who, in the opinion of the library officer, is capable of\nsupervising the child while the child is in the library.\n","sortOrder":121},{"sectionNumber":"127","sectionType":"section","heading":"Banning persons","content":"127 Banning persons\n(1) A library officer may, by written notice, ban a person from entering a\npublic library if the person fails to comply with this Part.\n(2) A person who receives a notice under clause (1) must not enter a\npublic library for the period of time specified in the notice.\n\nCity of Darwin By-laws 2023 66\n","sortOrder":122},{"sectionNumber":"128","sectionType":"section","heading":"Powers of library officers","content":"128 Powers of library officers\n(1) A library officer may give the directions and take reasonable action\nto ensure order in a public library and compliance with this Part.\n(2) An authorised person may remove or exclude a person from a\npublic library to ensure order in a public library and compliance with\nthis Part.\n","sortOrder":123},{"sectionNumber":"129","sectionType":"section","heading":"Purpose","content":"129 Purpose\n(a) protect Darwin from outdoor advertising that detracts from it\nbeing an attractive place for both residents and visitors; and\n(b) ensure that outdoor advertising:\n(i) is compatible with the design and character of the\npremises, streetscape and locality in which it is located;\nand\n(ii) does not cause a loss of amenity or adversely affect the\nnatural or built environment; and\n(iii) does not adversely affect the safety of the public,\nincluding the safety or efficiency of a road or footpath;\nand\n(iv) does not cause visual clutter and disorder by the\nproliferation of signs in any one location and by one sign\nobscuring another; and\n(v) does not offend the public because of its design, location\nor content.\n\nCity of Darwin By-laws 2023 67\n","sortOrder":124},{"sectionNumber":"130","sectionType":"section","heading":"Application to outdoor advertising","content":"130 Application to outdoor advertising\nThis Part applies in relation to outdoor advertising only on public\nland or on premises adjoining or in view of public land.\n","sortOrder":125},{"sectionNumber":"131","sectionType":"section","heading":"Outdoor advertising code","content":"131 Outdoor advertising code\n(1) The City must establish an outdoor advertising code prohibiting and\nregulating outdoor advertising on the following:\n(a) land owned, occupied or under the control of the City;\n(b) premises adjoining, or visible from, land owned, occupied or\nunder the control of the City.\n(2) The outdoor advertising code may:\n(a) define expressions used in this Part and not defined in these\nBy-laws; and\n(b) classify advertising and the criteria or conditions applicable to\neach class; and\n(c) create exemptions from the requirement for an outdoor\nadvertising permit; and\n(d) provide for matters necessary or convenient for the purposes\nof this Part.\n(3) An outdoor advertising code must be published.\n","sortOrder":126},{"sectionNumber":"132","sectionType":"section","heading":"General standards for advertising signs","content":"132 General standards for advertising signs\nA person installing or exhibiting outdoor advertising must ensure\nthat it:\n(a) complies with the outdoor advertising code; and\n(b) does not detract from the quality and architectural character of\nthe premises on which the advertising is installed or exhibited;\nand\n(c) has no negative effect on the environmental character and\namenity of the surrounding area; and\n\nCity of Darwin By-laws 2023 68\n(d) is in good repair and poses no risk to the health and safety of\nthe public.\nExamples for by-law 132\n1 Advertising must not obstruct, or cause distraction to, vehicular and\npedestrian traffic.\n2 A sign must be built to withstand high winds.\n133 Unauthorised outdoor advertising\n(1) A person must not install or exhibit outdoor advertising unless:\n(a) the person holds an outdoor advertising permit for that\npurpose; or\n(b) the outdoor advertising code exempts the advertising from the\nrequirement to hold an outdoor advertising permit; or\n(c) the outdoor advertising is election signage placed on private\nproperty or on the verge of a road in accordance with\nconditions determined by the City, by resolution.\n(2) A person must not change outdoor advertising unless:\n(a) the change is allowed under the outdoor advertising code\nwithout an outdoor advertising permit; or\n(b) the change is authorised by an outdoor advertising permit.\n(3) For these By-laws, the following are taken to be changes in\nadvertising:\n(a) changing the dimensions, material, colour or appearance of\nthe advertising;\n(b) changing the content of the advertising;\n(c) altering the construction of, or method of exhibiting, the\nadvertising;\n(d) changing the location of the advertising;\n(e) altering the direction from which the advertising is visible.\n(4) Nothing in this Part prevents the City from exhibiting outdoor\nadvertising without an outdoor advertising permit.\n\nCity of Darwin By-laws 2023 69\n","sortOrder":127},{"sectionNumber":"134","sectionType":"section","heading":"Offence for unauthorised outdoor advertising","content":"134 Offence for unauthorised outdoor advertising\n(a) the person installs, exhibits or changes outdoor advertising;\nand\n(b) the advertising is on public land or on premises adjoining or\nvisible from public land; and\n(c) an outdoor advertising permit is required for the advertising or\nthe change in advertising under the outdoor advertising code;\nand\n(d) the person does not have an outdoor advertising permit\nauthorising the advertising or the change in advertising.\n","sortOrder":128},{"sectionNumber":"135","sectionType":"section","heading":"Interfering with City advertising","content":"135 Interfering with City advertising\n(1) A person commits an offence if the person removes, changes,\ndefaces or otherwise interferes with any outdoor advertising\ninstalled or exhibited by the City.\n","sortOrder":129},{"sectionNumber":"136","sectionType":"section","heading":"Transfer of outdoor advertising permit","content":"136 Transfer of outdoor advertising permit\n(1) A person may apply for the transfer of an outdoor advertising\npermit.\nExample for clause (1)\nThe outdoor advertising is on premises that are being sold or transferred.\n(2) An outdoor advertising permit must not be transferred if the outdoor\nadvertising authorised under the permit:\n(a) was exhibited contrary to the outdoor advertising permit before\nthe transfer; or\n\nCity of Darwin By-laws 2023 70\n(b) was changed contrary to these By-laws before the transfer.\n","sortOrder":130},{"sectionNumber":"137","sectionType":"section","heading":"Revoking outdoor advertising permit","content":"137 Revoking outdoor advertising permit\n(1) The grounds for revoking an outdoor advertising permit under\nby-law 25 are as follows:\n(a) the holder of the outdoor advertising permit fails to comply\nwith this Part, the outdoor advertising code or a condition of\nthe permit;\n(b) the character of the area in which, or in view of which, the\noutdoor advertising is exhibited changes and the outdoor\nadvertising is no longer consistent with that character;\n(c) the outdoor advertising, either alone or in conjunction with\nother outdoor advertising, adversely affects the character of\nthe public land on which, or in view of which, the outdoor\nadvertising is exhibited.\nExample for clause (1)(b)\nThe character of public land may change as a result of commercial or residential\ndevelopment.\n(2) The CEO may revoke the outdoor advertising permit in conjunction\nwith the making of a regulatory order under section 283 of the Act.\nA regulatory order may be made under section 283 of the Act for visual pollution.\n","sortOrder":131},{"sectionNumber":"138","sectionType":"section","heading":"Purpose","content":"138 Purpose\nThe purpose of this Part is to provide the City with the means to\nensure compliance with, and enforcement of, these By-laws.\n","sortOrder":132},{"sectionNumber":"139","sectionType":"section","heading":"Offence for conduct without authorisation","content":"139 Offence for conduct without authorisation\n(a) the person engages in conduct in circumstances that require\nan authorisation; and\n\nCity of Darwin By-laws 2023 71\n(b) the conduct does not otherwise constitute an offence against\nthese By-laws; and\n(c) the person has no authorisation for that conduct in those\ncircumstances.\n","sortOrder":133},{"sectionNumber":"140","sectionType":"section","heading":"Failure to comply with condition of authorisation","content":"140 Failure to comply with condition of authorisation\n(a) the person holds an authorisation that is subject to a condition;\nand\n(b) the person fails to comply with the condition; and\n(c) the non-compliance does not otherwise constitute an offence\nagainst these By-laws.\n","sortOrder":134},{"sectionNumber":"141","sectionType":"section","heading":"Continuing offence","content":"141 Continuing offence\nA court that finds a person guilty of an offence against these\nBy-laws may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 1 penalty unit for each day during\nwhich the offence continues after the day the offence is first\ncommitted.\n","sortOrder":135},{"sectionNumber":"142","sectionType":"section","heading":"Issuing enforcement notice","content":"142 Issuing enforcement notice\nThe CEO may issue an enforcement notice to any person the CEO\nbelieves on reasonable grounds has contravened, is contravening\nor is likely to contravene a provision of these By-laws.\n\nCity of Darwin By-laws 2023 72\n","sortOrder":136},{"sectionNumber":"143","sectionType":"section","heading":"Show cause process","content":"143 Show cause process\n(1) Before issuing an enforcement notice, the CEO must give a written\nshow cause notice to the proposed recipient of the enforcement\nnotice:\n(a) stating the CEO's intention to issue an enforcement notice;\nand\n(b) giving the recipient an opportunity to show cause why the\nenforcement notice should not be issued.\n(2) The show cause notice must specify the date by which the recipient\nmust show cause.\n(3) The date specified in the show cause notice must be not less than\n14 days after the date of the notice.\n(4) The CEO must consider any response given by the recipient to the\nshow cause notice, within the time specified in the notice, before\nissuing an enforcement notice under by-law 142.\n","sortOrder":137},{"sectionNumber":"144","sectionType":"section","heading":"Exception to show cause process","content":"144 Exception to show cause process\n(1) Despite by-law 143, the CEO may issue an enforcement notice\nwithout first giving a show cause notice under that by-law if the\nCEO believes on reasonable grounds that it is necessary to prevent\nan immediate risk of harm to a person or property.\n(2) Without limiting clause (1), the grounds for not first giving a show\ncause notice include preventing the following:\n(a) the demolition of a building;\n(b) an irreversible change to a cultural or heritage site or the\nlandscape;\n(c) the risk of material environmental harm;\n(d) the risk of significant adverse effect on amenity, public safety\nor public health.\n","sortOrder":138},{"sectionNumber":"145","sectionType":"section","heading":"Contents of enforcement notice","content":"145 Contents of enforcement notice\n(1) An enforcement notice must be in writing and specify the following:\n(a) the name and address of the person to whom it is issued, if\nknown;\n(b) the provision that the CEO believes was, is being or is likely to\nbe contravened by the person and the grounds for that belief;\n\nCity of Darwin By-laws 2023 73\n(c) the action or activity that the person is required to take, or\nrefrain from taking, to remedy the contravention and to comply\nwith the provision;\n(d) the dates or times associated with any requirement in the\nnotice including:\n(i) any dates or times for inspection to confirm compliance\nwith the enforcement notice; and\n(ii) any grace period that may be allowed after the\ninspection to fully comply with the enforcement notice;\n(e) the person's right to apply for review of the notice under\n","sortOrder":139},{"sectionNumber":"Part 18","sectionType":"part","heading":"1 of the Act.","content":"Part 18.1 of the Act.\n(2) An enforcement notice may impose any requirement reasonably\nrequired to remedy or prevent the contravention, including one or\nmore of the following:\n(a) a requirement that the person cease, or not commence, a\nspecified activity;\n(b) a requirement that the person not undertake or continue a\nspecified activity except at specified times or subject to\nspecified conditions;\n(c) a requirement that the person undertake a specified activity\nwithin a specified period or at specified times or in specified\ncircumstances;\n(d) any other requirement determined by the City, by resolution.\n(3) An enforcement notice is binding on each person to whom it is\nissued.\n(4) An application for review of the enforcement notice under Part 18.1\nof the Act does not stay the operation of the notice.\n","sortOrder":140},{"sectionNumber":"146","sectionType":"section","heading":"Failure to comply with enforcement notice","content":"146 Failure to comply with enforcement notice\n(a) the person is issued with an enforcement notice; and\n\nCity of Darwin By-laws 2023 74\n(b) the person does not comply with the enforcement notice.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant took all reasonable steps and exercised due\ndiligence to comply with the enforcement notice.\n(4) If a person fails to comply with an enforcement notice, a person\nauthorised by the City may, after reasonable notice to the owner or\noccupier of any land that is subject to the notice, enter the land and\ncarry out all or part of the work, or take other action, required under\n","sortOrder":141},{"sectionNumber":"147","sectionType":"section","heading":"Variation or revocation of enforcement notice","content":"147 Variation or revocation of enforcement notice\nThe CEO may vary or revoke an enforcement notice by written\nnotice served on each person bound by the enforcement notice.\n","sortOrder":142},{"sectionNumber":"148","sectionType":"section","heading":"Cost recovery","content":"148 Cost recovery\nAny costs properly and reasonably incurred by the City under these\nBy-laws are recoverable as unpaid rates or as a debt due and\npayable to the City.\nExample for by-law 148\nThe cost of removing rubbish or discarded goods.\n","sortOrder":143},{"sectionNumber":"149","sectionType":"section","heading":"Infringement notice offence and infringement amount payable","content":"149 Infringement notice offence and infringement amount payable\n(1) The infringement amount for an infringement notice offence is the\namount equal to the monetary value of the penalty units specified\nfor the offence in Schedule 2.\n(2) An infringement notice offence is an offence against a provision\nspecified in the Schedule 2.\n\nCity of Darwin By-laws 2023 75\n","sortOrder":144},{"sectionNumber":"150","sectionType":"section","heading":"When infringement notice may be given","content":"150 When infringement notice may be given\nAn authorised person may give an infringement notice to a person\nif the authorised person believes on reasonable grounds that the\nperson committed an infringement offence.\n","sortOrder":145},{"sectionNumber":"151","sectionType":"section","heading":"Contents of infringement notice","content":"151 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person to whom it is issued, if\nknown;\n(b) the date the infringement notice is given to the person;\n(c) the date and time of the infringement notice offence and the\nplace at which the infringement notice offence occurred;\n(d) a description of the offence;\n(e) the infringement amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the infringement amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\ninfringement amount to the specified enforcement agency\nwithin 14 days after the notice is given;\n(b) the person may elect to have the matter dealt with by a court\nby:\n(i) completing a statement of election and giving it to the\nspecified enforcement agency; and\n(ii) not paying the infringement amount;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001.\n(3) The infringement notice must include an appropriate form for\nmaking the statement of election referred to in clause (2)(b)(i).\n\nCity of Darwin By-laws 2023 76\n","sortOrder":146},{"sectionNumber":"152","sectionType":"section","heading":"Effective date of payment methods","content":"152 Effective date of payment methods\n(1) Payment of the infringement amount by electronic means takes\neffect when the amount is credited to the payee's bank account.\n(2) Payment of the infringement amount by cheque takes effect when\nthe cheque is cleared on first presentation.\n","sortOrder":147},{"sectionNumber":"153","sectionType":"section","heading":"Expiation of offence","content":"153 Expiation of offence\nIf the infringement amount for the infringement notice offence is\npaid in accordance with the infringement notice, the alleged offence\nis expiated and no further proceedings can be taken in relation to\nthe offence.\n","sortOrder":148},{"sectionNumber":"154","sectionType":"section","heading":"Withdrawal of infringement notice","content":"154 Withdrawal of infringement notice\n(1) An authorised person may withdraw an infringement notice by\nwritten notice given to the person.\n(2) The notice must be given:\n(a) within 14 days after the day the infringement notice is given to\nthe person; and\n(b) before payment of the infringement amount.\n","sortOrder":149},{"sectionNumber":"155","sectionType":"section","heading":"Effect of this Division","content":"155 Effect of this Division\n(1) This Division does not:\n(a) prejudice or affect the start or continuation of a proceeding for\nan infringement offence unless the offence is expiated; or\n(b) limit the penalty that may be imposed by a court for the\noffence; or\n(c) prevent more than one infringement notice for the same\ninfringement offence being given to a person; or\n(d) require an infringement notice to be given for an infringement\noffence; or\n(e) affect the liability of a person to be prosecuted in a court for an\ninfringement notice offence for which an infringement notice\nwas not given.\n(2) If more than one infringement notice for the same offence is given\nto a person, the person may expiate the offence by paying the\ninfringement amount in accordance with any of the notices.\n\nCity of Darwin By-laws 2023 77\n","sortOrder":150},{"sectionNumber":"156","sectionType":"section","heading":"Powers of authorised persons and employees","content":"156 Powers of authorised persons and employees\n(1) Subject to clause (2), an authorised person may exercise any\nreasonable power necessary or required to give effect to these\nBy-laws.\n(2) An authorised person must act in accordance with any conditions\nimposed on the person by the City, by resolution.\n(3) An authorised person or employee of the City acting in accordance\nwith their duties is exempt from the requirement of an authorisation\nfor that activity.\nAn employee does not need an authorisation to set-up structures on public land.\n","sortOrder":151},{"sectionNumber":"157","sectionType":"section","heading":"Sale and disposal of seized goods","content":"157 Sale and disposal of seized goods\n(1) Within 14 days after the day the goods are seized under these\nBy-laws, an authorised person must take reasonable steps to give a\nwritten notice of the seizure to the owner of the goods.\n(2) The notice must include the following information:\n(a) a description of the goods;\n(b) the reason for seizing the goods;\n(c) details of how the goods may be recovered, including any fee\nfor recovery;\n(d) a warning that the goods may be disposed of if the person\nfails to recover the goods within 14 days of receiving the\n(3) If the owner cannot be found or the owner's name cannot be\nascertained, an authorised person must certify to the CEO the\nreason for failure to serve the notice.\n(4) The CEO may publish notice of the seizure if the goods are of\nsufficient value to justify the publication.\n(5) The City may sell or dispose of the goods if the owner does not\nclaim the goods and pay the expenses relating to their seizure and\ncustody within 28 days of the later of the following:\n(a) the day of service of a notice under clause (1);\n\nCity of Darwin By-laws 2023 78\n(b) the first day of publication under clause (4).\n(6) Any proceeds from the sale of the goods must be applied in the\nfollowing priority:\n(a) the City's costs incurred by the City in the sale;\n(b) the City's reasonable costs of seizure and custody before sale\nor disposal;\n(c) any balance owing to the owner.\n(7) Any balance owing to the owner must be:\n(a) paid to the owner as soon as practicable; or\n(b) if unclaimed by the owner within 6 months after the day the\ngoods were seized – paid into the City's general fund.\n(8) Despite clauses (1) to (5), seized goods may be destroyed or\ndisposed of immediately if perishable, soiled, infested or otherwise\nhazardous or unusable.\nPart 10 Repeal and transitional matters for City of\nDarwin By-laws 2023\nDivision 1 Repeals\n158 By-laws repealed\nThe By-laws specified in Schedule 1 are repealed.\nDivision 2 Transitional matters for City of Darwin\nBy-laws 2023\n159 Definitions\nIn this Division:\ncommencement means the commencement of by-law 158.\nformer By-laws means the Darwin City Council By-laws 1994 as in\nforce immediately before the commencement.\n\nCity of Darwin By-laws 2023 79\n","sortOrder":152},{"sectionNumber":"160","sectionType":"section","heading":"Former determinations","content":"160 Former determinations\nA charge, due, fare, fee or rent determined under the former\nBy-laws and in force immediately before the commencement\ncontinues on the commencement as if it were determined under\nthese By-laws.\n","sortOrder":153},{"sectionNumber":"161","sectionType":"section","heading":"Former authorisations","content":"161 Former authorisations\n(1) A licence, permit, registration or other authorisation issued, granted\nor renewed under the former By-laws and in force immediately\nbefore the commencement continues on the commencement as if it\nwere issued, granted or renewed under these By-laws.\n(2) Any direction given by the CEO to a stallholder association or\nstallholder, regarding the sale of food and beverages to the public\non public land, in force immediately before the commencement\ncontinues on the commencement as if it were a direction under\nby-law 109.\n","sortOrder":154},{"sectionNumber":"162","sectionType":"section","heading":"Provisions related to dogs","content":"162 Provisions related to dogs\n(1) A dog exercise area declared under the former By-laws and in force\ncommencement as if it were declared under by-law 50.\n(2) A dog restriction area declared under the former By-laws and in\nforce immediately before the commencement continues on the\ncommencement as if were declared under by-law 51.\n(3) A declaration made under the former By-laws of a dog as a\nDeclared Dog (either Category 1 or Category 2) and in force\ncommencement as if were the declaration of a dangerous dog\nunder by-law 60.\n","sortOrder":155},{"sectionNumber":"163","sectionType":"section","heading":"Former licensed premises","content":"163 Former licensed premises\nPremises licensed for multiple dogs under the former By-laws and\nin effect immediately before the commencement continue on the\ncommencement as if authorised under by-law 49.\n","sortOrder":156},{"sectionNumber":"164","sectionType":"section","heading":"Pounds","content":"164 Pounds\nA pound established under the former By-laws and existing\ncommencement as if established under these By-laws.\n\nCity of Darwin By-laws 2023 80\n","sortOrder":157},{"sectionNumber":"165","sectionType":"section","heading":"Other facilities","content":"165 Other facilities\nAny facilities established under the former By-laws and existing\nimmediately before the commencement continue on the\ncommencement as if established under these By-laws.\nExamples for by-law165\nA footpath, walkway, public shelter, play or exercise structure, public toilet,\ndrinking fountain, water supply, barbecue or fireplace on public land.\n","sortOrder":158},{"sectionNumber":"166","sectionType":"section","heading":"Continuation of public library","content":"166 Continuation of public library\n(1) A public library, and any branches of that library, administered by\nthe City immediately before the commencement, continue as a part\nof the public library system on the commencement as if established\nunder these By-laws.\n(2) The services provided by a public library, and any branches of that\nlibrary, administered by the City immediately before the\ncommencement, continue on the commencement as services\nprovided by a public library system under these By-laws.\n","sortOrder":159},{"sectionNumber":"167","sectionType":"section","heading":"Registration of borrowers","content":"167 Registration of borrowers\n(1) A person registered as a resident borrower or a non-resident\nborrower under the former By-laws immediately before the\ncommencement continues on the commencement to be registered\nas a borrower of library material under these By-laws.\n(2) A borrower's card issued under the former By-laws and existing\ncommencement as library identification under these By-laws.\n","sortOrder":160},{"sectionNumber":"168","sectionType":"section","heading":"Offence provisions","content":"168 Offence provisions\n(1) The offence provisions, as in force immediately before the\ncommencement, continue to apply in relation to offences committed\nbefore the commencement.\n(2) For this by-law, if any element of an offence occurred before the\ncommencement, the offence is taken to have been committed\nbefore the commencement.\n(3) In this by-law:\noffence provision means any provision that creates or relates to\noffences, including in relation to criminal responsibility, defences\nand penalties.\n\nCity of Darwin By-laws 2023 81\n","sortOrder":161},{"sectionNumber":"169","sectionType":"section","heading":"Outdoor advertising code","content":"169 Outdoor advertising code\nThe Darwin City Council Outdoor Advertising Signs Code, approved\nby resolution of the City on 30 March 2004 and amended from time\nto time, continues on the commencement as if it were an outdoor\nadvertising code established under by-law 131.\n\nCity of Darwin By-laws 2023 82\nby-law 158\nDarwin City Council By-laws 1994 Subordinate Legislation\nNo. 14 of 1994\nNo. 51 of 1996\nNo. 1 of 2000\nNo. 2 of 2000\nAmendment of Darwin City Council By-laws Subordinate Legislation\nNo. 42 of 2000\nNo. 28 of 2002\nNo. 54 of 2002\nDarwin City Council Amendment (Signs,\nHoardings and Advertising) By-laws 2005\nNo. 53 of 2005\nDarwin City Council Amendment (Animal\nManagement) By-laws 2007\nNo. 44 of 2007\nDarwin City Council (Fireworks) Amendment\nBy-laws 2009\nNo. 14 of 2009\nDarwin Council Amendment By-laws 2020 Subordinate Legislation\nNo. 21 of 2020\n\nCity of Darwin By-laws 2023 83\n","sortOrder":162},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Infringement notice offences and infringement","content":"Schedule 2 Infringement notice offences and infringement\namounts\nby-law 149\nProvision Infringement amount\nby-law 29(2) 1 penalty unit\nby-law 30(5) 1 penalty unit\nby-law 31(3) 1 penalty unit\nby-law 32(1) and (2) 1 penalty unit\nby-law 33(1) 4 penalty units\nby-law 34 1 penalty unit\nby-law 35(2) 4 penalty units\nby-law 36(1) 1 penalty unit\nby-law 37(2) 2 penalty units\nby-law 38(1) 1 penalty unit\nby-law 39 1 penalty unit\nby-law 42(1) 2 penalty units\nby-law 44(1) 1 penalty unit\nby-law 45(2) 1 penalty unit\nby-law 46(3) 1 penalty unit\nby-law 47(3) 2 penalty units\nby-law 48(4) 1 penalty unit\nby-law 49(4) 1 penalty unit\nby-law 50(6) 1 penalty unit\nby-law 54(1), (2), (3) and (4) 2 penalty units\nby-law 55(3) 3 penalty units\n\nCity of Darwin By-laws 2023 84\nby-law 56(2) 5 penalty units\nby-law 57(2) 7 penalty units\nfor aggravated offence 9 penalty units\nby-law 59(2) 1 penalty unit\nby-law 63(1) 9 penalty units\nby-law 67(3) 2 penalty units\nby-law 69(7) 3 penalty units\nby-law 75(1) 2 penalty units\nby-law 76 2 penalty units\nby-law 77 2 penalty units\nby-law 78(8) 3 penalty units\nby-law 80(3) 1 penalty unit\nby-law 81(4) 4 penalty units\nby-law 82(2) 2 penalty units\nby-law 83(2) 1 penalty unit\nby-law 84(3) 1 penalty unit\nby-law 86(3) 2 penalty units\nby-law 87(3) 3 penalty units\nby-law 88(5) 4 penalty units\nby-law 89(2) 2 penalty units\nby-law 90(3) 2 penalty units\nby-law 91(2) 2 penalty units\nby-law 92(2) 2 penalty units\nby-law 93(3) 2 penalty units\nby-law 95(3) 1 penalty unit\nby-law 96(2) 1 penalty unit\n\nCity of Darwin By-laws 2023 85\nby-law 98(5) 1 penalty unit\nby-law 99(4) 1 penalty unit\nby-law 100(3) and (5) 1 penalty unit\nby-law 101(2) 2 penalty units\nby-law 102(3) 2 penalty units\nby-law 103(4) 2 penalty units\nby-law 105(2) 1 penalty unit\nby-law 106(3) 1 penalty unit\nby-law 108(5) 2 penalty units\nby-law 108(6) 1 penalty unit\nby-law 109(3) 1 penalty unit\nby-law 110(3) 1 penalty unit\nby-law 111(3) 1 penalty unit\nby-law 112(2) 1 penalty unit\nby-law 122(4) 1 penalty unit\nby-law 123(4) 1 penalty unit\nby-law 125(2) 1 penalty unit\nby-law 127(3) 1 penalty unit\nby-law 134(1) 2 penalty units\nby-law 135(1) 2 penalty units\nby-law 139(1) 2 penalty units\nby-law 140(1) 2 penalty units\nby-law 146(1) 2 penalty units\n\nCity of Darwin By-laws 2023 86\n1 KEY Key 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\nCity of Darwin By-laws 2023 (SL No. 17, 2023)\nNotified 27 July 2023\nCommenced 2 October 2023 (r 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\nby 3 amd Act No. 3, 2026, s 64","sortOrder":163}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the scope changed from the original intent. The by-laws appear to serve their standard purpose of governing City of Darwin operations and public conduct. However, the unusually long commencement delay could suggest amendments or scope adjustments occurred between making and gazette dates, though this cannot be confirmed from the information provided."},"complexity_factors":["Dual administrative responsibility split between two separate government agencies across different chapters","Significant gap between gazette date (July 2023) and commencement date (February 2026) — unusual and may require cross-referencing with transitional provisions","By-laws typically interact with and must be read alongside the parent Local Government Act (NT), adding a layer of legislative cross-referencing","The document as provided contains minimal substantive content — full complexity of the actual rules cannot be assessed from the metadata alone","Local government law in the NT involves interplay between Territory and council-level authority, which can be confusing for laypeople"],"plain_english_summary":"The City of Darwin By-laws 2023 set the legal \"house rules\" for public spaces, parks, roads, council facilities and council operations within Darwin. They affect residents, visitors, businesses, council staff and participants in local elections (Chapter 8 is managed by the NT Electoral Commission). \n\nThey take legal effect on 10 February 2026, are enforceable (breaches may incur fines or action), and matter because they directly govern everyday conduct and how the council runs."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These by‑laws consolidate and replace earlier Darwin by‑laws (by‑law 158, Schedule 1) and expressly carry forward prior charges, licences and declared areas as if made under the new instrument (by‑laws 160–166). They do not, on their face, expand subject‑matter beyond local regulatory functions, but they centralise administrative decision‑making (fees, permits, conditions, enforcement) with the City and the CEO (by‑laws 19, 22, 142), shifting implementation details into delegated determinations and published conditions."},"complexity_factors":["Large scope covering many domains (waste, animals, markets, libraries, advertising, traffic) across multiple Parts","Extensive defined terms and cross‑references (by‑law 3) increasing interpretive load","Broad delegation and administrative discretion to the CEO on authorisations, fees and directions (by‑laws 19, 22, 109, 25)","Widespread use of strict‑liability offences with specified penalty units (multiple offence clauses and Schedule 2)","Detailed enforcement regime including show‑cause, enforcement notices and cost recovery (by‑laws 142–146, 148)","Infringement notice scheme and schedule of monetary amounts requiring administrative application (by‑laws 149–155, Schedule 2)","Transitional and repeal provisions preserving prior determinations and authorisations (by‑laws 158–166)","Interplay with other statutes (application of Criminal Code, references to Territory Acts) increasing legal cross‑checks (by‑law 8 and notes)","Operational implementation risks: many published determinations and conditions are to be made by resolution or CEO action (publication obligations: by‑laws 18, 19(1), 50(2))"],"plain_english_summary":"These by‑laws set detailed rules for use of public land and facilities, waste and recycling, fires, animal management, markets, libraries, outdoor advertising, parking and related activities across Darwin. They require permits, registrations and fees, and empower the CEO to issue, vary or revoke authorisations and enforcement notices (by‑laws 19, 22, 142). Many offences are strict‑liability with fixed infringement amounts and the City may recover costs; the instrument consolidates earlier Darwin by‑laws and preserves existing licences and determinations (by‑laws 158, 149, 161)."},"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3218},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument is a consolidation and modernisation of the previous Darwin City Council By-laws 1994 and their numerous amending instruments (repealed by Schedule 1). While the document is comprehensive, combining disparate rules into a single cohesive code, it does not represent a significant expansion beyond the traditional scope of local government regulatory authority in the Northern Territory. It covers the standard municipal domains: animal management, waste, public facilities, libraries, and local nuisance — consistent with the original intent of the 1994 by-laws and the enabling powers of the Local Government Act 2019."},"complexity_factors":["**Length and structure**: 169 individual by-laws organised across 10 Parts with multiple Divisions each, plus 2 Schedules and extensive endnotes (approximately 86 pages in total).","**Defined terms**: Over 40 defined terms in the interpretation section (by-law 3) alone, with additional defined phrases scattered throughout (e.g., 'effective control', 'properly contained', 'at large', 'menace').","**Cross-referencing**: Heavy reliance on external legislation including the Local Government Act 2019, Criminal Code, Traffic Regulations 1999, and various Territory Parks and Wildlife Acts; extensive internal cross-referencing between by-laws (e.g., 'see by-law 48', 'subject to by-law 69').","**Conditional and nested logic**: Complex multi-layered rules such as by-law 48 (effective control) which provides three different scenarios depending on location and equipment; by-law 74 (livestock) which applies different zoning restrictions to different animal species with specific dates and lot size thresholds.","**Exceptions and defences**: Multiple layers of exceptions — general prohibitions followed by specific exemptions (e.g., emergency vehicles, assistance animals), followed by statutory defences (e.g., 'reasonable steps' defences in by-laws 33 and 146).","**Dual penalty structures**: Each offence specifies both a maximum court-imposed penalty (in penalty units) and a separate, lower infringement amount (on-the-spot fine) listed in Schedule 2, requiring readers to check two locations for complete penalty information.","**Transitional complexity**: Part 10 contains detailed 'savings' provisions ensuring previous permits, registrations, and determinations under repealed 1994 by-laws remain valid, creating a patchwork of historical and current authorities."],"plain_english_summary":"## What is this?\nThese are the **City of Darwin By-laws 2023** — essentially the \"house rules\" for living in, visiting, or doing business in Darwin. They are local laws (called by-laws) made under the Northern Territory's *Local Government Act 2019*. Think of them as the council's toolkit for keeping the city clean, safe, and functioning.\n\n## What does it actually cover?\n\n**Running the Council**\n*   **Meetings**: Sets rules for council meetings, including public access, how petitions work, and when the Lord Mayor can show disorderly guests the door (by-law 14).\n*   **Paperwork**: Requires the council to keep registers of pets and permits, and mandates that fees must be published on the website before they can be charged (by-law 20).\n\n**Bins, Waste and Safety**\n*   **Rubbish**: Mandates waste collection services, makes it an offence to steal from bins or dump waste illegally, and requires businesses to arrange their own waste collection (not use household bins).\n*   **Fires**: Bans burning that causes offensive odours and restricts open fires to supervised, contained barbecues or fire pits under 1m² (by-law 35).\n*   **Unsafe properties**: Requires owners to clear overgrown yards, rubbish, or fire hazards (by-law 37).\n\n**Pets and Animals (The Big Section)**\n*   **Registration**: All dogs and cats must be registered with the council and wear tags (microchipping may be required). Owners must notify the council if they move or sell the pet (by-law 46).\n*   **Control**: Pets must be \"properly contained\" at home (can’t escape) and kept \"under effective control\" in public — generally on a leash no longer than 2 metres held by someone over 12 (by-law 48). Special rules apply for designated dog exercise areas.\n*   **Dangerous Dogs**: If a dog is declared dangerous (due to attacking or menacing), the owner faces strict rules: desexing, special secure fencing, warning signs, muzzling in public, and mandatory training (by-law 61). The council can seize and potentially destroy dangerous or stray animals.\n*   **Livestock**: Generally prohibited in urban Darwin except for honey bees (anywhere), horses (rural zones), and chickens/roosters (limited numbers on larger blocks or rural land) (by-law 74).\n*   **Nuisance**: Owners must clean up pet poo immediately and prevent excessive noise (by-law 78).\n\n**Public Spaces and Roads**\n*   **Vehicles**: Bans driving on footpaths, parks, and pedestrian malls (except for emergency or service vehicles). Speed limit on Lake Alexander is 5 knots (by-law 82).\n*   **Parking**: Regulates off-street council carparks and requires payment methods accessible to people without smartphones (by-law 21).\n*   **Roadworks**: Requires permits for digging up roads and mandates safety measures like fencing and lights (by-law 88).\n*   **Cross-overs**: Residents need a permit to build a driveway crossing over council land (the verge) to the road (by-law 87).\n\n**Activities on Public Land**\n*   **Busking and Markets**: Requires permits for busking, fundraising, filming for commercial purposes, and operating markets. Stallholders must comply with single-use plastic bans and cleanliness rules (by-law 111).\n*   **Camping**: Prohibits camping or sleeping in vehicles on public land without a permit (by-law 100).\n*   **Vegetation**: Bans damaging council trees or plants; requires landowners to trim vegetation overhanging footpaths (by-law 103).\n\n**Libraries**\n*   Establishes the public library system, borrower registration, and rules for late returns and damaged books. Allows banning of disruptive patrons (by-law 127).\n\n**Outdoor Advertising**\n*   Controls signs and billboards to prevent visual clutter and protect safety. Requires permits for most signage, with specific standards for design and location (by-law 132).\n\n**Enforcement**\n*   **Fines**: Most minor offences (like littering or unregistered pets) can be dealt with via infringement notices (on-the-spot fines). Schedule 2 lists specific fine amounts.\n*   **Enforcement Notices**: For bigger problems (like unsafe buildings or major dumping), the council can issue a formal order requiring cleanup or stopping an activity, backed by penalties for non-compliance (by-law 146).\n*   **Strict Liability**: Many offences are \"strict liability\" (meaning if you did it, you're liable — the council doesn’t have to prove you meant to break the law), though some have defences available (like taking \"reasonable steps\" or due diligence).\n\n## Who does this affect?\n*   **Residents**: Pet owners, homeowners (regarding waste and vegetation), library users, anyone parking or driving.\n*   **Businesses**: Market operators, stallholders, advertisers, builders doing roadworks.\n*   **Visitors**: Anyone using public parks, swimming at Lake Alexander, or busking.\n\n## Why does this matter?\nThese by-laws dictate the day-to-day \"rules of the road\" for urban life in Darwin. They determine whether you can keep a rooster in your backyard, how much you'll be fined for littering, what happens if your dog bites someone, and whether you need a permit to put a sign on your fence. They balance public safety and amenity with individual rights, and give the council its power to enforce standards — from seizing unregistered dogs to forcing landowners to clean up fire hazards."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-darwin-by-laws-2023","history":"/api/acts/city-of-darwin-by-laws-2023/history","analysis":"/api/acts/city-of-darwin-by-laws-2023/analysis","conflicts":"/api/acts/city-of-darwin-by-laws-2023/conflicts","importantCases":"/api/acts/city-of-darwin-by-laws-2023/important-cases","documents":"/api/acts/city-of-darwin-by-laws-2023/documents"}}