{"id":"coomalie-community-government-bylaws-1998","name":"COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998","slug":"coomalie-community-government-by-laws-1998","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174574,"registerId":"nt-coomalie-community-government-bylaws-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998\nAs in force at 30 September 2020\nTable of provisions\nPart 1 Preliminary\nDivision 1 General\n1 Citation ............................................................................................ 1\n2 Application of By-laws ..................................................................... 1\n3 Crown to be bound .......................................................................... 1\n4 Definitions ........................................................................................ 1\n5 Requirement to carry out work......................................................... 2\n6 Compliance with notice .................................................................... 3\n7 Where notice not complied with ....................................................... 3\nDivision 2 Plan of numbering in council area\n8 Plan of numbering ........................................................................... 3\nDivision 3 Regulatory\n9 Obstruction of officers, &c................................................................ 4\n10 General penalty ............................................................................... 4\n11 Fixed penalties ................................................................................ 4\nPart 2 Litter, &c.\nDivision 1 Litter, &c.\n12 Deposit of litter on land .................................................................... 5\n13 Land to be cleared ........................................................................... 5\n14 Leaving glass, &c. ........................................................................... 5\nDivision 2 Offensive matter, &c.\n15 Deposit of offensive matter, &c. ....................................................... 6\nDivision 3 Overhanging trees and shrubs\n16 Overhanging trees and shrubs ........................................................ 6\nSchedule\nENDNOTES\n\nCoomalie Community Government By-laws 1998 ii\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 September 2020\n____________________\nCOOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998\nBy-laws under the Local Government Act 2008\nPart 1 Preliminary\nDivision 1 General\n1 Citation\nThese By-laws may be cited as the Coomalie Community\nGovernment By-laws 1998.\n2 Application of By-laws\nThese By-laws apply to and have effect within the whole of the\ncouncil area.\n3 Crown to be bound\nThese By-laws bind the Crown in right of the Territory.\n4 Definitions\nIn these By-laws, unless the contrary intention appears:\ncouncil means the Coomalie Community Government Council.\ncouncil area means the community government area constituted\nby the Coomalie Community Government Scheme.\nlitter includes garbage, rubbish, refuse, waste matter and a dead\nanimal and vehicle bodies, machinery, implements and any other\nthings that have been discarded.\npremises includes land (whether built on or not), a building and a\npart of a building.\npublic place includes:\n(a) every place to which free access is permitted to the public with\nthe express or tacit consent of the owner or occupier of the\nplace;\n\nPart 1 Preliminary\nDivision 1 General\nCoomalie Community Government By-laws 1998 2\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only;\n(c) every road, street, footway, court, alley, thoroughfare or\ncul de-sac which the public are allowed to use,\nnotwithstanding that the road, street, footway, court, alley,\nthoroughfare or cul-de-sac may be formed on private property;\nand\n(d) land reserved under a law of the Territory for the use of the\npublic or a member of the public.\n5 Requirement to carry out work\n(1) Where the council requires work to be carried out under these\nBy-laws by the owner or occupier of land, the council, whether by\nan authorised person or an officer or employee of the council\nauthorised for that purpose, may, by written notice served on the\nowner or occupier, require the owner or occupier at his or her own\nexpense to execute the work and to do anything incidental to the\nwork:\n(a) in or of the materials;\n(b) within the period;\n(c) in the manner; or\n(d) in the area,\nspecified in the notice.\n(2) The council may require that work done in pursuance of a notice\nserved under clause (1) is executed by qualified or licensed\npersons only.\n(3) The council may, when serving a notice under clause (1), indicate\nthat the council will, if requested, carry out the work referred to in\nthe notice at the expense of the person on whom the notice is\nserved.\n(4) Without limiting the powers conferred on the council or other person\nunder clause (1), the power to direct the manner of execution of\nwork includes the power to require the person carrying out the work\nto pay to the council the amount the council thinks fit to provide\nsecurity against any costs it may incur as a result of the execution\nof the work or to enter into a bond for payment to the council of that\namount.\n\nPart 1 Preliminary\nDivision 2 Plan of numbering in council area\nCoomalie Community Government By-laws 1998 3\n6 Compliance with notice\nA requirement of a notice served by the council under these\nBy-laws is to be complied with by the person on whom it is served.\n7 Where notice not complied with\n(1) The council may carry out work required by or under these By-laws\nto be executed if the person required to execute the work fails to do\nso.\n(2) Where the council carries out work under clause (1), the cost to the\ncouncil of carrying out the work is a debt due and payable by the\nperson who was required to execute the work.\nDivision 2 Plan of numbering in council area\n8 Plan of numbering\n(1) The council may adopt a plan or system of numbering areas of land\nadjacent to a road and may, in accordance with the plan or system:\n(a) affix a number on a building or a front gate, post or fence on a\npart of the land adjoining the road or mark the number on the\ncurb of the road bordering the land; or\n(b) by notice in writing, require the owner or occupier of a part of\nthe land adjoining the road to affix, in accordance with the\nnotice, a number on a building or a front gate, post or fence on\nthe land.\n(2) The council may, from time to time, alter the plan or system of\nnumbering referred to in clause (1) and may:\n(a) replace the number affixed or marked under that clause with a\nnew number; or\n(b) by notice in writing, require the owner or occupier of a part of\nthe land adjoining the road included in the plan or system as\namended to affix, in accordance with the notice, a new\nnumber on a building or a front gate, post or fence on the land.\n(3) A person who is required to affix or replace a number on a building,\nfront gate, post or fence on land under clause (1) or (2) may obtain\nthe number free of charge from the council.\n(4) A number specified in a notice referred to in clause (1)(b) or (2)(b)\nis to be affixed on a building, gate, post or fence in accordance with\nthe notice not later than 7 days after the date of the notice.\n\nPart 1 Preliminary\nDivision 3 Regulatory\nCoomalie Community Government By-laws 1998 4\n(5) Where an owner or occupier of land does not affix a number as\nrequired under clause (1)(b) or (2)(b), the council may enter the\nland referred to in the notice and affix the number.\nDivision 3 Regulatory\n9 Obstruction of officers, &c.\nA person who obstructs or hinders an authorised person or officer\nor employee of the council or a contractor or sub-contractor to the\ncouncil or an employee of the contractor or sub-contractor in the\nproper execution of his or her work or duty under these By-laws\ncommits an offence.\n10 General penalty\nA person who commits an offence against these By-laws is, on\nbeing found guilty, liable to a penalty not exceeding $3,000 and, in\naddition, to a penalty not exceeding $100 for each day during which\nthe offence continues after the day on which the offence was first\ncommitted.\n11 Fixed penalties\n(1) Notwithstanding by-law 10, a person who is alleged to have\ncommitted an offence against these By-laws and on whom a notice\nof infringement is served may pay to the council, as an alternative\nto prosecution, the sum specified by this by-law instead of the\npenalty that may otherwise be imposed under by-law 10.\n(2) For the purposes of this by-law:\n(a) a notice of infringement is to be in the form set out in the\nSchedule;\n(b) a notice of infringement may be issued by an authorised\nperson;\n(c) the sum specified by this by-law is $50;\n(d) the sum specified by this by-law may be paid to the clerk or to\nthe person performing or carrying out the duties of the cashier\nof the council; and\n(e) in order to avoid prosecution, the sum specified by this by-law\nis to be paid not later than 14 days after the date of the service\nof the notice of infringement on the person.\n\nPart 2 Litter, &c.\nDivision 1 Litter, &c.\nCoomalie Community Government By-laws 1998 5\nPart 2 Litter, &c.\nDivision 1 Litter, &c.\n12 Deposit of litter on land\n(1) A person must not deposit litter on land or allow litter to remain on\nland.\n(2) The owner or occupier of land must not deposit, or keep or allow to\nremain on the land, litter that is likely to attract vermin to the land or\nto form a harbourage for vermin unless the material is kept in a\nreceptacle that is vermin proof.\n(3) A person who contravenes or fails to comply with clause (1) or (2)\ncommits an offence.\n13 Land to be cleared\nWhere, in the opinion of the council, there is on land:\n(a) plants, grass or weeds:\n(i) that are or are likely to become injurious, flammable or\nnoxious; or\n(ii) that have become unkempt; or\n(b) litter (including unsightly car bodies, machinery or other\nchattels),\nthe council may serve a notice under by-law 5 on:\n(d) the occupier of the land; or\n(e) if the council is unable to ascertain the identity of the\noccupier – the owner of the land,\nrequiring the land to be cleared or tidied, litter to be placed in a\nvermin-proof receptacle of a specified kind or the taking of any\nother action in relation to the clearance of the land.\n14 Leaving glass, &c.\n(1) A person who leaves or deposits any glass or other material likely\nto cause injury on a public place used for recreational purposes\ncommits an offence.\n(2) Clause (1) does not apply in relation to material left or deposited in\na litter bin on the public place.\n\nPart 2 Litter, &c.\nDivision 3 Overhanging trees and shrubs\nCoomalie Community Government By-laws 1998 6\n(3) An offence against clause (1) is a regulatory offence.\nDivision 2 Offensive matter, &c.\n15 Deposit of offensive matter, &c.\n(1) A person must not place or caused to be placed household,\ncommercial or industrial waste, refuse or garbage in a litter bin\nprovided by the council on a public place.\n(2) A person must not:\n(a) deposit or permit the deposit of waste food, peelings, fruit or\nother vegetable matter;\n(b) throw, deposit or discharge an offensive or unwholesome\nmatter or fluid; or\n(c) deposit or permit the deposit of garbage or other litter,\non a public place or other land under the control of the council\nunless it is placed in a container provided for the deposit of the\nwaste matter or other litter.\n(3) A person must not use, deposit or discharge or cause to be used,\ndeposited or discharged water or other matter, whether liquid or\nsolid, in a place where it is likely to flow or discharge or encroach\non or into a public place or other land controlled by the council.\n(4) A person who contravenes or fails to comply with clause (1), (2)\nor (3) commits an offence.\n(5) An offence against clause (1), (2) or (3) is a regulatory offence.\nDivision 3 Overhanging trees and shrubs\n16 Overhanging trees and shrubs\nIf the council considers that a tree, shrub or plant growing on land\nis:\n(a) causing inconvenience;\n(b) an obstruction to persons using a public street or footpath; or\n(c) causing or likely to cause damage to an adjacent public place,\nthe council may serve a notice under by-law 5 on the owner or\noccupier of the land to trim or remove the tree, shrub or plant.\n\nSchedule\nCoomalie Community Government By-laws 1998 7\nSchedule\nby-law 11(2)(a)\nLocal Government Act 2008\nCoomalie Community Government By-laws 1998\nNOTICE OF INFRINGEMENT\nCOOMALIE COMMUNITY GOVERNMENT COUNCIL\nTo:\n(name of alleged offender)\nof:\n(address of alleged offender)\nIt is alleged that at at am/pm on 19 ,\n(place) (time) (date)\nyou committed an offence as indicated hereunder against the Coomalie\nCommunity Government By-laws 1998:\nBy-law:\nOffence:\nAmount of penalty: $50\nIn pursuance of by-law 11 of the Coomalie Community Government\nBy-laws 1998 in order to avoid prosecution you may pay to the Coomalie\nCommunity Government Council, instead of the penalty by which the offence\nis otherwise punishable, the amount shown above to the person at the\naddress shown on the reverse of this notice not later than 14 days after the\ndate of service of this notice of infringement.\nDated 19 .\nAuthorised person\nIf you do not wish the offence alleged on the front of this notice of infringement\nto be dealt with by the Local Court you should read and complete the\nfollowing:\nI, of,\ntender the amount shown on the front of this notice, being assured that on\npayment of that amount no further action will be taken by the council for this\noffence.\nSigned: Date: 19 .\n\nSchedule\nCoomalie Community Government By-laws 1998 8\nTHIS NOTICE MUST ACCOMPANY PAYMENT\n(Back of form)\nPayment of the amount in full must be made not later than 14 days after the\ndate of service of this notice of infringement and must be accompanied by this\nnotice. Payment may be made between 8.00 am and 4.15 pm Monday to\nFriday (except public holidays):\nin person – To the Cashier\nCoomalie Community Government Council\n141 Cameron Road\nBATCHELOR\nby post – To the Clerk\nCoomalie Community Government Council\nPO Box 20\nBATCHELOR NT 0845\nOn payment of the penalty you will not be liable for a further penalty or costs\nin this matter.\nIf you do wish the offence alleged on the front of this notice of infringement to\nbe dealt with by the Local Court you need not take any further action in\nrespect of this notice and proceedings will issue against you in due course.\nThe common seal of the Coomalie Community Government Council was\naffixed hereto pursuant to a resolution of the council passed on\n1998 authorising the seal to be affixed.\nPresident\nClerk\n\nENDNOTES\nCoomalie Community Government By-laws 1998 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCoomalie Community Government By-laws 1998 (SL No. 67, 1998)\nNotified 16 December 1998\nCommenced 16 December 1998\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n26 April 2016)\nCoomalie Amenment By-laws 2020 (SL No. 30, 2020)\nNotified 30 September 2020\nCommenced 30 September 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1 and 17 and sch 1.\n4 LIST OF AMENDMENTS\npt 3 hdg rep No. 30, 2020, bl 4\nbl 17 rep No. 30, 2020, bl 4\nsch amd Act No. 8, 2016, s 45","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the scope of these by-laws has materially changed from their original 1998 intent. The reprint designation suggests amendments have been incorporated over time, but the dual-agency structure and community governance focus appear consistent with the original purpose of regulating local community affairs in the Coomalie area."},"complexity_factors":["Split administrative responsibility between two separate government agencies (Department of Housing, Local Government and Community Development, and NT Electoral Commission)","The by-laws cover multiple subject areas across different chapters, suggesting varied regulatory content","As a reprint (REPL018CGS008BYL001), there may be accumulated amendments that require cross-referencing to understand the full current state of the law","Limited publicly available metadata (no gazette number, date of making, or maker specified) makes independent verification of original intent difficult"],"plain_english_summary":"The Coomalie Community Government By‑Laws 1998 are local rules that govern day‑to‑day life in the Coomalie area (e.g., Batchelor, Cox Peninsula), setting standards for community conduct, local services, land use and elections. They apply to residents, visitors, businesses and candidates; most provisions are managed by the Department of Housing, Local Government and Community Development, with election rules overseen by the NT Electoral Commission. Effective version: 30 Sept 2020."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The endnotes record later amendments that altered the instrument's content: by-law 17 and the Part 3 heading were repealed by Coomalie Amendment By-laws 2020 (SL No. 30, 2020) and the Schedule was amended by the Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) (Endnotes, 'List of Amendments' and 'General Amendments'). These entries indicate the by-laws' scope has been modified since original promulgation and require consulting the reprinted version for current effect."},"complexity_factors":["Notice-and-remedy regime (by-law 5–7): council may require specified work by written notice, mandate qualified/licensed persons, offer to carry out work at the owner's expense, and recover costs as a debt if work is not done.","Enforcement options (by-law 10–11 and Schedule): dual enforcement path — prosecution with up to $3,000 plus daily penalties (by-law 10) or $50 fixed penalty via Notice of Infringement (by-law 11 and Schedule).","Wide definitions and territorial scope (by-law 2–4): broad definitions of 'litter', 'public place' and 'premises' extend obligations to owners, occupiers and the public across the whole council area; Crown is bound (by-law 3).","Operational powers affecting private actors (by-law 8, 13, 16): council may impose property numbering, enter land to affix numbers (by-law 8(5)), require clearing of plants/litter (by-law 13) and trimming/removal of vegetation (by-law 16).","Regulatory offence classification (by-law 14(3), 15(5)): certain breaches are designated regulatory offences, affecting prosecution and enforcement procedures.","Administrative discretion and subjective standards (by-law 13, 16): several powers hinge on the council's opinion (e.g. whether vegetation is 'causing inconvenience' or 'likely to become injurious'), creating scope for administrative judgement.","Compliance burden on owners/occupiers: costs of required works, potential requirement to use licensed contractors, obligation to provide vermin‑proof receptacles (by-law 12(2)).","Amendment history recorded in endnotes: later repeals and amendments are noted (Endnotes, List of Amendments), requiring attention to current text when applying the by-laws."],"plain_english_summary":"These by-laws set rules for the Coomalie council area about litter, deposit of offensive matter, overhanging trees, property numbering and obstruction of council officers. The council can serve written notices requiring owners or occupiers to do specified work, require qualified contractors, carry out the work itself and recover costs, and enforce breaches with $50 infringement notices or prosecution (up to $3,000 plus daily fines). It matters because it creates enforceable duties, financial liabilities and administrative discretion for property holders and users of public places."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-laws remain focused on their original purpose of local environmental health and amenity control. The 2020 amendment removed Part 3 (which previously covered dogs) and by-law 17, actually narrowing the scope rather than expanding it. The legislation has not grown beyond its initial intent of managing litter, property maintenance, street numbering and basic public order."},"complexity_factors":["Short document: approximately 8 pages of substantive content","Only 5 defined terms in clause 4 (council, council area, litter, premises, public place)","Linear structure with minimal cross-referencing (primarily references to by-law 5 for notice procedures)","Simple conditional logic: basic 'if X then Y' structures without nested exceptions","No complex mathematical formulas, deeming provisions, or temporal calculations beyond simple 7-day and 14-day periods","Single Schedule containing only a standard form template for infringement notices"],"plain_english_summary":"**What this legislation does:**\n\nThese are local council by-laws for the Coomalie Community Government Council (covering the Batchelor area in the Northern Territory). They give the council powers to keep the local area clean, safe and orderly.\n\n**Key things the by-laws cover:**\n\n*   **Litter and rubbish control** – It's illegal to dump litter or leave it on land. Property owners must keep their land clear of rubbish that attracts rats and mice (vermin), or store it in vermin-proof containers.\n*   **Cleaning up properties** – The council can order owners or occupiers to clear overgrown weeds, remove flammable materials, or get rid of unsightly junk (like old car bodies).\n*   **Street numbering** – The council can create a numbering system for properties and require owners to display street numbers on buildings, gates or fences. If you don't do it, the council can enter your property and do it for you.\n*   **Overhanging vegetation** – The council can order you to trim trees or shrubs that block footpaths, cause inconvenience, or might damage public areas.\n*   **Offensive waste** – You can't put household or commercial waste in public litter bins, or dump food scraps, dirty water or other unpleasant substances on public land.\n*   **Safety hazards** – It's an offence to leave broken glass or sharp materials in public recreational areas.\n\n**Enforcement:**\n\n*   The council can issue written notices requiring work to be done. If you ignore the notice, the council can do the work itself and bill you for the cost.\n*   Offences carry fines up to $3,000, plus $100 per day for continuing offences.\n*   For minor offences, you can pay a fixed $50 penalty (an \"infringement notice\") to avoid going to court.\n*   It's an offence to obstruct council officers or contractors doing their job.\n\n**Who it affects:**\n\nEveryone in the Coomalie council area – property owners, occupiers, businesses and visitors. The by-laws even bind the Northern Territory government (\"the Crown\")."}},"importantCases":[],"_links":{"self":"/api/acts/coomalie-community-government-by-laws-1998","history":"/api/acts/coomalie-community-government-by-laws-1998/history","analysis":"/api/acts/coomalie-community-government-by-laws-1998/analysis","conflicts":"/api/acts/coomalie-community-government-by-laws-1998/conflicts","importantCases":"/api/acts/coomalie-community-government-by-laws-1998/important-cases","documents":"/api/acts/coomalie-community-government-by-laws-1998/documents"}}