{"id":"darwin-waterfront-corporation-bylaws-2010","name":"DARWIN WATERFRONT CORPORATION BY-LAWS 2010","slug":"darwin-waterfront-corporation-by-laws-2010","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176739,"registerId":"nt-darwin-waterfront-corporation-bylaws-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"DARWIN WATERFRONT CORPORATION BY-LAWS 2010","content":"NORTHERN TERRITORY OF AUSTRALIA\nDARWIN WATERFRONT CORPORATION BY-LAWS 2010\nAs in force at 1 July 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Public place ..................................................................................... 4\n5 Motor vehicle ................................................................................... 4\n6 Application of By-laws ..................................................................... 4\nPart 2 Administrative matters\nDivision 1 Rates, levies and fees\n7 Definition.......................................................................................... 5\n8 Rates ............................................................................................... 5\n9 Proposed expenditure statement relating to levy ............................. 6\n10 Quarterly and annual expenditure statements relating to levy ......... 6\n11 Unexpended amount of levy carried forward or refunded ................ 7\n12 Determination of fee ........................................................................ 7\nDivision 2 Permits and signs\n13 Application for permit ....................................................................... 7\n14 Decision on permit application ......................................................... 8\n15 Compliance with conditions ............................................................. 8\n16 Revocation of permit ........................................................................ 8\n17 Signs erected or exhibited by Corporation ....................................... 8\nDivision 3 Registrar and registers\n18 Registrar .......................................................................................... 9\n19 Registers ......................................................................................... 9\nDivision 4 Directions to carry out work\n20 Direction to carry out work ............................................................... 9\n21 System of numbering ..................................................................... 10\nDivision 5 Authorised persons\n22 Appointment of authorised persons ............................................... 10\n23 Powers of authorised persons ....................................................... 10\n\nDarwin Waterfront Corporation By-laws 2010 ii\n24 Identity cards for authorised persons............................................. 10\n25 Power to require statement of name and address ......................... 11\n26 Power to enter premises ................................................................ 11\n27 Removal of persons from public place ........................................... 12\n28 Assistance of police ....................................................................... 12\n29 Obstruction of authorised person................................................... 13\nPart 3 Health and safety\nDivision 1 Garbage, litter and waste\n30 Definitions ...................................................................................... 13\n31 Collection of garbage by Corporation ............................................ 13\n32 Alternative garbage collection service ........................................... 13\n33 Maintenance and use of garbage containers ................................. 14\n34 Interference with garbage containers ............................................ 15\n35 Garbage containers to be replaced ............................................... 15\n36 Corporation may declare dump ..................................................... 15\n37 Depositing litter or waste ............................................................... 16\nDivision 2 Hazardous activities\n38 Lighting or maintaining fires ........................................................... 16\n39 Glass and similar material in public place ...................................... 17\n40 Throwing objects ........................................................................... 17\nPart 4 Environmental matters\n41 Burning offensive materials ........................................................... 18\n42 Discharge of water and other substances ..................................... 18\n43 Discharge of waste products ......................................................... 18\n44 Damage to trees and plants........................................................... 19\n45 Overhanging trees and shrubs ...................................................... 19\n46 Fishing ........................................................................................... 19\nPart 5 Animal management\nDivision 1 General provisions\n47 Definitions ...................................................................................... 20\n48 Adoption of animal management by-laws of the DCC ................... 20\n49 General application of Adopted Animal Management By-laws ...... 20\n50 Register and registration................................................................ 21\nDivision 2 Sole responsibilities of the DCC\n51 Declared dogs ............................................................................... 22\n52 Registration of animals and subsequent action ............................. 22\n53 Pounds .......................................................................................... 22\n\nDarwin Waterfront Corporation By-laws 2010 iii\nDivision 3 Sole responsibilities of Corporation\n54 Licensing premises and subsequent actions ................................. 22\n55 Dog exercise area and dog restriction areas ................................. 23\n56 Dog races and other events........................................................... 23\nDivision 4 Offences and enforcement\n57 Dog not fitted with dog tag ............................................................. 23\n58 Sterilisation marks and certificates ................................................ 23\n59 Offences generally ......................................................................... 23\nPart 6 Carrying out work\n60 Laying pipes etc. and digging in public place................................. 24\n61 Structures, fixtures and equipment ................................................ 24\n62 Excavations ................................................................................... 24\nPart 7 Conduct in public places\n63 Handbills ........................................................................................ 25\n65 Vehicles and boats in public place................................................. 26\n66 Public performances and amplification systems ............................ 26\n67 Camping in public place ................................................................ 27\n68 Shopping trolleys left in public place.............................................. 28\n69 Public amenities ............................................................................ 28\n70 Conduct generally in public place .................................................. 29\nPart 8 Promenades\n71 Application of Part ......................................................................... 30\n72 Walking on roof etc. of promenade ................................................ 30\n73 Animals on promenade .................................................................. 30\n74 Motor vehicles on promenade ....................................................... 31\nPart 9 Wave Lagoon and public enclosed waters\n75 Admission to Wave Lagoon ........................................................... 32\n76 No intoxicating liquor in Wave Lagoon .......................................... 32\n77 Skin diseases or complaints .......................................................... 32\n78 Animals not permitted .................................................................... 32\n79 No introduction of animals or plants .............................................. 33\n80 No fish feeding in public enclosed waters ...................................... 33\n81 Boats in public enclosed waters .................................................... 33\n82 Directions of authorised persons ................................................... 34\nPart 10 Markets and stalls\n83 Definitions ...................................................................................... 34\n\nDarwin Waterfront Corporation By-laws 2010 iv\n84 Obligations of stallholders associations ......................................... 34\n85 Stallholders permit ......................................................................... 35\n86 Obligations of stallholders.............................................................. 35\nPart 11 Parking, roads, crossings and footpaths\nDivision 1 Parking\n87 Off-street parking areas ................................................................. 36\n88 Application of Traffic Regulations 1999 to off-street parking\nareas ............................................................................................. 37\n89 On-street parking ........................................................................... 38\nDivision 2 Roads, crossings and footpaths\n90 Damage to roads ........................................................................... 39\n91 Safety lights on roads .................................................................... 39\n92 Removal of kerbing from road ....................................................... 40\n93 Corporation may require land adjoining road to be enclosed ........ 40\n94 Construction of crossing ................................................................ 40\n95 Vehicles to use approved crossings only ....................................... 41\n96 Heavy loads prohibited from crossings etc. ................................... 41\n97 Footpath designated as bicycle restriction areas ........................... 42\nPart 12 Public libraries\n98 Corporation may declare libraries .................................................. 42\n99 By-laws applying to use of library .................................................. 42\nPart 13 Advertising signs\n100 Definitions ...................................................................................... 42\n101 Outdoor Advertising Signs Code ................................................... 43\n102 Exhibiting advertising signs ........................................................... 43\n103 Notice to repair or remove sign...................................................... 43\n104 Notice of contravention .................................................................. 44\n105 Form of notice................................................................................ 44\n106 Revocation of permit ...................................................................... 44\n107 Removal and impoundment of sign with notice ............................. 45\n108 Removal and impoundment of sign without notice ........................ 45\n110 Cost recovery ................................................................................ 45\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement\nnotices\n111 Application of Division ................................................................... 46\n112 Infringement offence and prescribed amount payable ................... 46\n\nDarwin Waterfront Corporation By-laws 2010 v\n113 When infringement notice may be served ..................................... 46\n114 Contents of infringement notice ..................................................... 46\n115 Payment by cheque ....................................................................... 48\n116 Withdrawal of infringement notice.................................................. 48\n117 Liability of owner of motor vehicle.................................................. 48\n118 Evidentiary certificate .................................................................... 49\n119 Application of Division to proceedings and other matters .............. 49\nDivision 2 Evidentiary matters\n120 Evidentiary matters ........................................................................ 50\nSchedule Infringement offences and prescribed\namounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2021\n____________________\nDARWIN WATERFRONT CORPORATION BY-LAWS 2010\nBy-laws under the Darwin Waterfront Corporation Act 2006\nPart 1 Preliminary matters\n1 Citation\nThese By-laws may be cited as the Darwin Waterfront\nCorporation By-laws 2010.\n2 Commencement\nThese By-laws commence on the commencement of the Darwin\nWaterfront Corporation Regulations 2010.\n3 Definitions\nIn these By-laws:\nadopted, for Part 5, see by-law 47.\nAdopted Animal Management By-laws, see by-law 47.\nadvertiser, for Part 13, see by-law 100.\napproved means approved by the Corporation by resolution.\narrangement with the DCC means an arrangement with the DCC\nmentioned in section 12(3) of the Act.\nauthorised person means an authorised person appointed under\nby-law 22.\nbicycle includes a motorised bicycle.\nboat means a floating vessel of any kind.\nCode, for Part 13, see by-law 100.\n\nPart 1 Preliminary matters\nDarwin Waterfront Corporation By-laws 2010 2\ncouncil means:\n(a) for Part 5 – the DCC; and\n(b) for any other provision – a council constituted under the Local\nGovernment Act 2019.\nDCC means the Darwin City Council.\nDCC By-laws means the Darwin City Council By-laws 1994.\ndeclared dump, for Part 3, Division 1, see by-law 30.\ndetermined fee, see by-law 12(1).\nhandbill includes a poster, placard, notice, ticket and pamphlet.\ninfringement notice means a notice mentioned in by-law 113.\ninfringement offence, see by-law 112(1).\nlevy means a levy imposed under section 16 of the Act.\nlitter means garbage, rubbish, refuse or waste matter, and includes\ndead animals and discarded vehicle bodies, machinery and\nimplements.\nmarket, for Part 10, see by-law 83.\nmarket permit means a market permit mentioned in by-law 84(1).\nmotor boat means a boat propelled principally by a motor and\nincludes a hovercraft.\nmotor vehicle, see by-law 5.\nobstruct includes hinder and resist.\noff-street parking area means an area mentioned in by-law 87(1).\non-street parking, see by-law 89(1).\nowner, in relation to a motor vehicle, means the person in whose\nname the motor vehicle is registered under:\n(a) the Motor Vehicles Act 1949; or\n(b) another law of the Territory, or of a State or another Territory,\nthat provides for the registration of vehicles.\npermit means a permit granted under by-law 14(1)(a) or (c).\n\nPart 1 Preliminary matters\nDarwin Waterfront Corporation By-laws 2010 3\npermit holder means a person who holds a permit.\npremises includes land and buildings.\nprescribed person, for Part 2, Division 1, see by-law 7.\npromenade includes a mall, boardwalk or thoroughfare.\npublic enclosed waters means any enclosed body of sea water\nthat is designed as a feature of the Precinct for the use of the\npublic.\npublic place, see by-law 4.\nrates means rates imposed under section 15 of the Act.\nregister means a register kept under by-law 19(2).\nregistrar means the person holding or occupying the office of\nregistrar mentioned in by-law 18.\nregular garbage collection service, for Part 3, Division 1, see\nby-law 30.\nsell, for Part 10, see by-law 83.\nstall, for Part 10, see by-law 83.\nstallholder, for Part 10, see by-law 83.\nstallholders association, for Part 10, see by-law 83.\nstallholders permit means a stallholders permit mentioned in\nby-law 85.\ntricycle includes a motorised tricycle.\nvehicle means any means of conveyance over land and includes\nthe following:\n(a) a bicycle;\n(b) a tricycle;\n(c) roller skates, roller blades and skateboards;\n(d) an animal being driven or ridden;\n(e) a motorised wheelchair capable of travelling at a speed\ngreater than 7 km/h.\n\nPart 1 Preliminary matters\nDarwin Waterfront Corporation By-laws 2010 4\nWave Lagoon means the water, the recreation area surrounding\nthe water, and any associated equipment, enclosed by the fence of\nthe Wave Lagoon.\n4 Public place\n(1) A public place means a place in the Precinct that the public is\nentitled to use, whether free of charge or on the payment of money.\n(2) Without limiting clause (1), a public place includes the following:\n(a) the Wave Lagoon;\n(b) public enclosed waters and recreational areas adjoining those\nwaters;\n(c) the sea wall;\n(d) a place used (or that may be used) for a park or garden or for\nsport, recreation or entertainment;\n(e) an off-street parking area.\n5 Motor vehicle\n(1) A motor vehicle is a vehicle designed to be self-propelled and\nincludes:\n(a) a trailer when attached to a motor vehicle; and\n(b) a motorised wheelchair capable of travelling at a speed\ngreater than 7 km/h.\n(2) However, a motor vehicle does not include a motorised bicycle or\nmotorised tricycle.\n6 Application of By-laws\n(1) These By-laws apply to the Precinct.\n(2) If a provision of these By-laws is inconsistent with a provision of the\nPort By-laws 1964, the provision of the Port By-laws 1964 prevails\nto the extent of the inconsistency.\n\nPart 2 Administrative matters\nDivision 1 Rates, levies and fees\nDarwin Waterfront Corporation By-laws 2010 5\nPart 2 Administrative matters\nDivision 1 Rates, levies and fees\n7 Definition\nIn this Division:\nprescribed person means a person, prescribed by regulation\nunder section 16(2) of the Act, on whom the Corporation imposes a\nlevy.\n8 Rates\n(1) If the Corporation imposes rates on the common property of a plan,\nthe rates are payable by the following body corporate:\n(a) for a plan for which one or more new corporations mentioned\nin section 28(5) of the Unit Titles Act 1975 have been\nconstituted – a parent corporation for the plan mentioned in\nsection 28(5)(a) of the Unit Titles Act 1975 that is not a\nmember of any other parent corporation constituted for the\nplan;\n(b) for any other plan – the body corporate constituted for the\nplan.\n(2) If the Corporation imposes rates on the common property of a\nscheme, the rates are payable by the following body corporate:\n(a) for a basic scheme – the body corporate of the basic scheme;\n(b) for a subsidiary scheme of a layered scheme – the body\ncorporate of the layered scheme;\n(c) for a layered scheme – the body corporate of the layered\nscheme.\n(3) A notice issued for rates mentioned in section 15(3)(b) of the Act\nmust specify how the rates have been calculated.\n(4) In this by-law:\nbasic scheme, see section 63(3) of the Unit Title Schemes\nAct 2009.\n\nPart 2 Administrative matters\nDivision 1 Rates, levies and fees\nDarwin Waterfront Corporation By-laws 2010 6\nbody corporate means:\n(a) in relation to a plan – the body corporate constituted under\nsection 27 or 28 of the Unit Titles Act 1975 for the plan; or\n(b) in relation to a scheme – the body corporate of the scheme as\ndefined in section 5 of the Unit Titles Schemes Act 2009.\ncommon property, see section 15(9) of the Act.\nlayered scheme, see section 68(1) of the Unit Title Schemes\nAct 2009.\nplan, see section 15(9) of the Act.\nscheme, see section 15(9) of the Act.\nsubsidiary scheme, see section 63(1) of the Unit Title Schemes\nAct 2009.\n9 Proposed expenditure statement relating to levy\n(1) At least one month before the start of each financial year, the\nCorporation must give each prescribed person a statement setting\nout an estimate of the Corporation's proposed expenditure on\npromotional activities for the financial year.\n(2) However, if the Corporation intends to impose a levy on a\nprescribed person during the financial year in which these By-laws\ncommence, the Corporation must, no later than 14 days after the\ncommencement, give the person a statement setting out an\nestimate of proposed expenditure on promotional activities for the\nremainder of the financial year.\n10 Quarterly and annual expenditure statements relating to levy\n(1) No later than one month after the end of each quarter in a financial\nyear, the Corporation must give each prescribed person a\nstatement of all expenditure by the Corporation on promotional\nactivities for which the person is required to pay a levy for the\nquarter.\n(2) No later than 3 months after the end of each financial year, the\nCorporation must give each prescribed person a statement of all\nexpenditure on promotional activities by the Corporation in the\nfinancial year.\n\nPart 2 Administrative matters\nDivision 2 Permits and signs\nDarwin Waterfront Corporation By-laws 2010 7\n(3) The statement mentioned in clause (2) must be prepared in\naccordance with relevant principles and disclosure requirements of\nthe Australian Accounting Standards Board, as in force at the time\nthe statement is prepared.\n(4) In this by-law:\nquarter means the period of 3 months starting from the beginning\nof January, April, July and October.\n11 Unexpended amount of levy carried forward or refunded\n(1) If a prescribed person pays the Corporation an amount as a levy for\na financial year and it is not used for the funding of promotional\nactivities in that year, the Corporation must:\n(a) carry forward the amount to be off-set against the amount\npayable as a levy by the person in the next financial year; or\n(b) refund the amount to the prescribed person.\n(2) If the Corporation has underestimated the expenditure on proposed\npromotional activities for a financial year, the Corporation may\nimpose an additional levy for that amount for the next financial year.\n12 Determination of fee\n(1) The Corporation may determine a fee (a determined fee) for any of\nthe following:\n(a) a service provided by the Corporation;\n(b) a permit application;\n(c) entrance to the Wave Lagoon;\n(d) parking in an off-street area;\n(e) on-street parking.\n(2) The Corporation must publish a notice of the fee in a newspaper\ncirculating in the Precinct as soon as practicable after the\ndetermination is made.\nDivision 2 Permits and signs\n13 Application for permit\n(1) A person may apply to the Corporation for a permit mentioned in\nthese By-laws.\n\nPart 2 Administrative matters\nDivision 2 Permits and signs\nDarwin Waterfront Corporation By-laws 2010 8\n(2) The application must be:\n(a) in the approved form; and\n(b) accompanied by the determined fee.\n14 Decision on permit application\n(1) After considering an application for a permit, the Corporation must:\n(a) grant the permit; or\n(b) refuse to grant the permit; or\n(c) grant the permit subject to conditions.\n(2) If the Corporation refuses to grant the permit or grants the permit\nsubject to conditions, the Corporation must notify the applicant of\nthe reasons for its decision.\n15 Compliance with conditions\n(1) A person must not contravene a condition of a permit.\nMaximum penalty: 100 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n16 Revocation of permit\nThe Corporation may revoke a permit if the permit holder\ncontravenes a condition of the permit.\n17 Signs erected or exhibited by Corporation\n(1) The Corporation may erect or exhibit signs, in addition to those\nmentioned in these By-laws, in connection with the performance of\nits functions.\n(2) The Corporation may also erect or exhibit advertising signs in the\nPrecinct.\n(3) A person must not remove, alter, deface or otherwise interfere with\na sign erected or exhibited by the Corporation.\nMaximum penalty: 20 penalty units.\n(4) An offence against clause (3) is a regulatory offence.\n\nPart 2 Administrative matters\nDivision 4 Directions to carry out work\nDarwin Waterfront Corporation By-laws 2010 9\nDivision 3 Registrar and registers\n18 Registrar\nThe Corporation may appoint a person to be registrar.\n19 Registers\n(1) The Corporation may approve registers for use under these\nBy-laws.\n(2) The registrar must keep each approved register.\n(3) Any person may:\n(a) inspect a register; and\n(b) copy, or take extracts from, a register.\n(4) On payment of the determined fee, the registrar must give a person\na copy of or extract from a register, certified to be a true copy or\nextract.\nDivision 4 Directions to carry out work\n20 Direction to carry out work\n(1) The Corporation or an authorised person may, by written notice to\nthe owner or occupier of land (the responsible person), direct that\nwork, and anything incidental to the work, be carried out on the\nland.\n(2) The notice may direct that the work is carried out:\n(a) in a particular way; or\n(b) within a particular period of time; or\n(c) by qualified or licensed persons only.\n(3) The notice may also direct the responsible person to pay, or enter\ninto a bond for payment of, an amount determined by the\nCorporation to provide security against costs the Corporation may\nincur as a result of the work.\n(4) If the responsible person contravenes the notice:\n(a) the Corporation may carry out the work; and\n\nPart 2 Administrative matters\nDivision 5 Authorised persons\nDarwin Waterfront Corporation By-laws 2010 10\n(b) the cost of carrying out the work is a debt due and payable to\nthe Corporation by the person.\n21 System of numbering\n(1) The Corporation may adopt a system of numbering areas of land\nadjacent to a road.\n(2) The Corporation may, in accordance with the system:\n(a) attach a number to a building, front gate or fence on land\nadjoining a road; or\n(b) by written notice, direct the owner or occupier of land adjoining\na road (the responsible person) to attach a number to a\nbuilding, front gate or fence on the land.\n(3) If the responsible person contravenes the notice:\n(a) the Corporation may attach the required number; and\n(b) the cost of attaching the number is a debt due and payable to\nthe Corporation by the person.\n(4) If the Corporation directs a person to attach a number, the\nCorporation must offer to provide the number free of charge.\nDivision 5 Authorised persons\n22 Appointment of authorised persons\nThe Corporation may appoint a person (other than a member of the\nCorporation) to be an authorised person.\n23 Powers of authorised persons\nAn authorised person may, subject to any limitations and conditions\nof appointment, exercise the powers conferred on an authorised\nperson by these By-laws.\n24 Identity cards for authorised persons\n(1) The Corporation must issue each authorised person with an identity\ncard:\n(a) containing the person's name and a photograph of the person;\nand\n(b) stating that the person is an authorised person.\n\nPart 2 Administrative matters\nDivision 5 Authorised persons\nDarwin Waterfront Corporation By-laws 2010 11\n(2) The authorised person must, at the reasonable request of a person,\nproduce the identity card for inspection.\n(3) A person must, on ceasing to be an authorised person, return the\nidentity card to the Corporation within 21 days after cessation.\nMaximum penalty: 20 penalty units.\n(4) An offence against clause (3) is a regulatory offence.\n25 Power to require statement of name and address\n(1) If an authorised person reasonably suspects a person of having\ncommitted an offence against these By-laws, the authorised person\nmay direct the person:\n(a) to state the person's name and address; and\n(b) if the authorised person considers further evidence of identity\nnecessary – to provide further evidence of identity.\n(2) The person must not contravene the direction.\nMaximum penalty: 10 penalty units.\n(3) An offence against clause (2) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes a reasonable excuse.\n26 Power to enter premises\n(1) An authorised person may enter premises and remain on the\npremises for as long as is necessary for one or more of the\nfollowing purposes:\n(a) investigating a suspected offence against these By-laws;\n(b) taking necessary action in an emergency:\n(i) to protect the health of, or prevent injury to, a person or\nanimal; or\n(ii) to relieve the suffering of an animal; or\n(iii) to seize or destroy a savage, diseased or injured animal;\n(c) destroying a dog that has, within the preceding 24 hours,\nattacked and injured a person in a public place;\n\nPart 2 Administrative matters\nDivision 5 Authorised persons\nDarwin Waterfront Corporation By-laws 2010 12\n(ca) removing and impounding an advertising sign under\nby-law 107(1) or 108(1);\n(d) exercising any other power conferred on an authorised person\nby these By-laws.\n(2) The authorised person may only do so with:\n(a) the consent of the occupier of the premises; or\n(b) a warrant issued by a justice of the peace; or\n(c) in an emergency or to remove and impound an advertising\nsign in the circumstance mentioned in by-law 108(1)(b) – the\nCEO's authorisation.\n(3) A justice of the peace may issue a warrant only if satisfied by\ninformation verified by oath or affirmation that there are reasonable\ngrounds on which an authorised person should be authorised to\nenter the premises for the purpose of this by-law.\n27 Removal of persons from public place\n(1) An authorised person may remove a person who contravenes these\nBy-laws in a public place from that place.\n(2) If an authorised person has removed a person from a public place,\nthe Corporation may, by written notice to the person, refuse the\nperson entry to that place for a period not exceeding 6 months.\n(3) The person must not enter the public place specified in the notice\nduring the period specified in the notice.\nMaximum penalty: 20 penalty units.\n(4) Clauses (2) and (3) do not apply in relation to a public place that is:\n(a) a street or road; or\n(b) a footpath adjacent to a street or road.\n(5) An offence against clause (3) is a regulatory offence.\n28 Assistance of police\nAn authorised person may call on a police officer for assistance in\nthe exercise of powers under these By-laws.\n\nPart 3 Health and safety\nDivision 1 Garbage, litter and waste\nDarwin Waterfront Corporation By-laws 2010 13\n29 Obstruction of authorised person\nA person must not obstruct an authorised person in the exercise of\npowers under these By-laws.\nMaximum penalty: 50 penalty units.\nPart 3 Health and safety\nDivision 1 Garbage, litter and waste\n30 Definitions\ndeclared dump means a place declared to be a dump under\nby-law 36(1).\nregular garbage collection service, includes:\n(a) providing a garbage container; and\n(b) regular collection and disposal of garbage.\n31 Collection of garbage by Corporation\n(1) The Corporation may provide a regular garbage collection service\nfor all or some of the premises in the Precinct.\n(2) If the Corporation provides a regular garbage collection, it must\npublish a notice in a newspaper circulating in the Precinct:\n(a) describing the regular garbage collection service; and\n(b) specifying the requirements for an alternative regular garbage\ncollection service for any premises not included in the regular\ngarbage collection service.\n(3) The occupier of premises included in the regular garbage collection\nservice provided by the Corporation must not leave garbage for\ncollection outside the times specified in the notice.\nMaximum penalty: 5 penalty units.\n(4) An offence against clause (3) is a regulatory offence.\n32 Alternative garbage collection service\nIf the Corporation does not provide a regular garbage collection\nservice for a particular premises in the Precinct, the occupier of the\npremises must ensure an alternative garbage collection service is\n\nPart 3 Health and safety\nDivision 1 Garbage, litter and waste\nDarwin Waterfront Corporation By-laws 2010 14\nprovided for the premises in accordance with the requirements\nspecified under by-law 31(2)(b).\n33 Maintenance and use of garbage containers\n(1) The occupier of premises must not fail to do any of the following:\n(a) maintain the garbage container for the premises (the\ncontainer):\n(i) in good condition; and\n(ii) in a condition that does not attract, harbour or breed\npests, insects or vermin or give off an offensive odour;\nand\n(iii) in a way that is not a danger to public health and does\nnot affect the comfort of persons occupying or passing\nthrough neighbouring premises;\n(b) keep the container on the premises, or in an allocated area for\nthe premises, and ensure the container is not removed from\nthe premises except for collection of the garbage in the\ncontainer;\n(c) return the container to the premises or to an allocated area for\nthe premises within 24 hours after collection of the garbage in\nthe container;\n(d) place garbage produced on, and during the ordinary use of,\nthe premises into the container until the garbage is collected\nor otherwise lawfully disposed of;\n(e) effectively wrap wet garbage before placing it in the container;\n(f) ensure that waste liquids, chemicals, paint or hazardous\nsubstances or excess quantities of heavy material such as\nearth, concrete or brick are not placed in the container;\n(g) keep the lid of the container closed except when placing\ngarbage in it or cleaning it.\nMaximum penalty: 20 penalty units\n(2) An offence against clause (1) is a regulatory offence.\n\nPart 3 Health and safety\nDivision 1 Garbage, litter and waste\nDarwin Waterfront Corporation By-laws 2010 15\n34 Interference with garbage containers\n(1) A person must not use, remove, mark or otherwise interfere with a\ngarbage container unless the person is:\n(a) the occupier of the premises for which the container is\nprovided; or\n(b) an agent, officer or employee of the Corporation acting in\naccordance with the person's duties; or\n(c) a contractor acting in the performance of a contract for\ngarbage collection between the contractor and the\nCorporation, or an officer, employee or agent of the contractor.\nMaximum penalty: 20 penalty units.\n(2) A person must not damage a garbage container provided by the\nCorporation.\nMaximum penalty: 20 penalty units.\n(3) An offence against this by-law is a regulatory offence.\n35 Garbage containers to be replaced\n(1) A person collecting garbage on behalf of the Corporation must,\nafter collecting the contents of a garbage container, replace the\ncontainer and its lid.\nMaximum penalty: 5 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n36 Corporation may declare dump\n(1) The Corporation may declare a place (which may be outside the\nPrecinct) to be a dump for the deposit of garbage by occupants of\nthe Precinct.\n(2) The Corporation may make arrangements and enter into contracts\nwith the owner or occupier of land for establishing a declared dump.\n(3) The Corporation must publish a notice in a newspaper circulating in\nthe Precinct specifying:\n(a) the location of a declared dump; and\n(b) the hours during which the dump is open for the deposit of\ngarbage; and\n\nPart 3 Health and safety\nDivision 2 Hazardous activities\nDarwin Waterfront Corporation By-laws 2010 16\n(c) the conditions subject to which garbage may be deposited at\nthe dump.\n(4) The Corporation may:\n(a) require a person to hold a permit for the use of a declared\ndump; and\n(b) charge a fee for dumping garbage at the dump.\n(5) If a declared dump is outside the Precinct and controlled by a\ncouncil, the by-laws of the council relating to the use of the dump,\nas in force from time to time, apply to the occupants of the Precinct.\n37 Depositing litter or waste\n(1) A person must not deposit litter on land.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to:\n(a) garbage left for collection in accordance with a regular\ngarbage collection service; and\n(b) litter left in a litter bin provided by the Corporation in a public\nplace.\n(3) A person must not place household, commercial or industrial waste\nin a litter bin provided by the Corporation in a public place.\nMaximum penalty: 5 penalty units.\n(4) An offence against this by-law is a regulatory offence.\nDivision 2 Hazardous activities\n38 Lighting or maintaining fires\n(1) A person must not light or maintain a fire in the open air.\nMaximum penalty: 100 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n\nPart 3 Health and safety\nDivision 2 Hazardous activities\nDarwin Waterfront Corporation By-laws 2010 17\n39 Glass and similar material in public place\n(1) The Corporation may, by sign, prohibit glass in any part of a public\nplace.\n(2) A person must not bring glass into a public place where glass is\nprohibited.\nMaximum penalty: 20 penalty units.\n(3) Clause (2) does not apply if the person is acting in accordance with\na permit.\n(4) A person must not, in a public place, intentionally break glass or\nanother material likely to cause injury to a person.\nMaximum penalty: 100 penalty units.\n(5) A person must not, in a public place:\n(a) if the person breaks glass or material mentioned in\nclause (4) – fail to promptly and safely dispose of the broken\nglass or material; or\n(b) discard glass except in a litter bin provided by the Corporation.\nMaximum penalty: 50 penalty units.\n(6) An offence against clause (2) or (5) is a regulatory offence.\n(7) It is a defence to a prosecution for an offence against clause (5) if\nthe defendant establishes a reasonable excuse.\n40 Throwing objects\n(1) A person must not throw or propel a stone or another object into,\nfrom or in a public place in a way likely to:\n(a) damage property; or\n(b) injure a person or animal.\nMaximum penalty: 100 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n\nPart 4 Environmental matters\nDarwin Waterfront Corporation By-laws 2010 18\nPart 4 Environmental matters\n41 Burning offensive materials\n(1) A person must not burn or heat anything that gives off an offensive\nodour.\nMaximum penalty: 50 penalty units.\n(2) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n42 Discharge of water and other substances\n(1) A person must not discharge water or another substance if it is\nlikely to flow into a public place.\nMaximum penalty: 77 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n43 Discharge of waste products\n(1) A person must not discharge a waste product into a public place.\nMaximum penalty: 77 penalty units.\n(2) Clause (1) does not apply if the waste product is discharged into a\ncontainer or facility provided for that purpose.\n(3) In this by-law:\nwaste product includes liquid, fumes, vapour, smoke and dust.\n(4) An offence against clause (1) is a regulatory offence.\n(5) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n\nPart 4 Environmental matters\nDarwin Waterfront Corporation By-laws 2010 19\n44 Damage to trees and plants\n(1) A person must not interfere with, pick, cut, remove, damage or plant\na tree, shrub or plant in a public place.\nMaximum penalty: 77 penalty units.\n(2) Clause (1) does not apply to:\n(a) an owner or occupier of land adjoining a footpath:\n(i) pruning or maintaining a tree, shrub or plant on the\nfootpath; or\n(ii) maintaining or mowing a lawn on the footpath; or\n(b) a person acting in accordance with a permit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n45 Overhanging trees and shrubs\nThe Corporation may, by a notice under by-law 20, direct the owner\nor occupier of land to trim or remove a tree, shrub or plant growing\non the land that is:\n(a) causing inconvenience or an obstruction to anyone using a\npublic place; or\n(b) causing or likely to cause damage to a public place.\n46 Fishing\n(1) A person must not fish in public enclosed waters.\nMaximum penalty: 20 penalty units.\n(2) The Corporation may, by sign, prohibit fishing in water that is not\npublic enclosed waters.\n(3) A person must not fish in water where fishing is prohibited.\nMaximum penalty: 20 penalty units.\n(4) Clause (1) or (3) does not apply if the person is acting in\naccordance with a permit.\n(5) An offence against this by-law is a regulatory offence.\n\nPart 5 Animal management\nDivision 1 General provisions\nDarwin Waterfront Corporation By-laws 2010 20\nPart 5 Animal management\nDivision 1 General provisions\n47 Definitions\nIn this Part:\nadopted, in relation to a by-law specified by number, means the\nby-law of that number in the Adopted Animal Management By-laws.\nAdopted Animal Management By-laws means the By-laws\nadopted for the Precinct as specified in by-law 48(1).\n48 Adoption of animal management by-laws of the DCC\n(1) The by-laws relating to animal management in Part 3 of the DCC\nBy-laws, as in force from time to time, are adopted as the animal\nmanagement by-laws for the Precinct.\n(2) The Adopted Animal Management By-laws apply in the Precinct as\nspecified by this Part.\n(3) This Part does not prevent the Corporation from entering into an\narrangement with the DCC in relation to animal management in the\nPrecinct and, if a provision of this Part is inconsistent with such an\narrangement, the arrangement prevails to the extent of the\ninconsistency.\n49 General application of Adopted Animal Management By-laws\n(1) Clauses (2), (3) and (4) apply subject to the provisions of this Part\nthat:\n(a) exclude the application of one or more of those clauses; or\n(b) specify a particular power or function under the Adopted\nAnimal Management By-laws may be exercised or performed\nonly by one of the following:\n(i) the DCC;\n(ii) the Corporation;\n(iii) an authorised officer;\n(iv) an authorised person.\n\nPart 5 Animal management\nDivision 1 General provisions\nDarwin Waterfront Corporation By-laws 2010 21\n(2) The Adopted Animal Management By-laws apply in the Precinct as\nif:\n(a) a reference to the municipality includes a reference to the\nPrecinct; and\n(b) a reference to the council includes a reference to the\nCorporation; and\n(c) a reference to an authorised officer or authorised person\nincludes a reference to an authorised person appointed under\nthese By-laws.\n(3) If the Adopted Animal Management By-laws mention a term that is\ndefined in by-law 3 of the DCC By-laws, and the term includes a\nreference to the municipality or council, or to an authorised officer\nor authorised person, the reference is to be interpreted as specified\nby clause (2)(a), (b) or (c).\nExample for clause (3)\nThe term guide dog is mentioned in adopted by-law 54 and defined in by-law 3\nof the DCC By-laws. That definition refers to a guide dog training institution\nrecognised by the council and, because of clause (2)(b), also includes such an\ninstitution recognised by the Corporation. The effect of this is that adopted\nby-law 54, which mentions a guide dog, applies in the Precinct to a guide dog\ntrained by an institution recognised by either the Council or the Corporation (or\nboth). The exemptions mentioned in adopted by-law 54 apply accordingly.\n(4) If the Adopted Animal Management By-laws require or permit a\nperson to do something, or prohibit a person from doing something,\nthe requirement or prohibition applies to a person in the Precinct.\n(5) Clause (2)(b) does not apply to the reference to the council in the\ndefinition of suitable leash in adopted by-law 53(1).\nNote for clause (5)\nThe effect of this provision is that only the council may approve another length for\nthe definition of suitable leash.\n50 Register and registration\n(1) Adopted by-law 55 applies only to the register kept by the DCC for\nthe purposes of Part 3, Division 2 of the DCC By-laws.\n(2) However, if the Adopted Animal Management By-laws require a\nperson to register an animal:\n(a) the requirement extends to a person residing in the Precinct;\nand\n\nPart 5 Animal management\nDivision 3 Sole responsibilities of Corporation\nDarwin Waterfront Corporation By-laws 2010 22\n(b) a reference in the Adopted Animal Management By-laws to a\nregistered owner includes a reference to a registered owner\nresiding in the Precinct; and\n(c) particulars in the register mentioned in clause (1) must include\nall information relevant to a registered owner residing in the\nPrecinct.\n(3) The registrar mentioned in the Adopted Animal Management\nBy-laws is the registrar appointed by the DCC.\nDivision 2 Sole responsibilities of the DCC\n51 Declared dogs\n(1) Only the DCC may exercise the powers or perform the functions of\nthe council under adopted by-laws 55B, 55C, 55D and 55E.\n(2) Only an authorised officer may exercise the powers or perform the\nfunctions of an authorised officer under adopted by-laws 55B, 55C,\n55D and 55F.\n52 Registration of animals and subsequent action\n(1) Only the DCC may exercise the powers or perform the functions of\nthe council under adopted by-laws 55G, 56 and 57(1).\n(2) Only an authorised officer may exercise the power of an authorised\nofficer under adopted by-law 57(2).\n(3) Only the DCC may exercise the powers or perform the functions of\nthe council under adopted by-laws 59 and 60 in relation to:\n(a) the cancellation of the registration of a dog or cat; or\n(b) the variation of the conditions to which the registration of a\ndog or cat is subject.\n53 Pounds\nOnly the DCC may exercise the powers or perform the functions of\nthe council under adopted by-laws 76 to 80.\nDivision 3 Sole responsibilities of Corporation\n54 Licensing premises and subsequent actions\n(1) Only the Corporation may exercise the powers or perform the\nfunctions of the council under adopted by-law 58.\n\nPart 5 Animal management\nDivision 4 Offences and enforcement\nDarwin Waterfront Corporation By-laws 2010 23\n(2) Only the Corporation may exercise the powers or perform the\nfunctions of the council under adopted by-laws 59(1)(c) and 60 in\nrelation to the following matters:\n(a) the suspension or cancellation of a licence;\n(b) the variation of the conditions to which a licence is subject.\n55 Dog exercise area and dog restriction areas\nOnly the Corporation may exercise the powers or perform the\nfunctions of the council under adopted by-law 62.\n56 Dog races and other events\nOnly the Corporation may exercise the power of the council under\nadopted by-law 82.\nDivision 4 Offences and enforcement\n57 Dog not fitted with dog tag\n(1) By-law 49(2)(b) does not apply to adopted by-law 65A(1)(a).\n(2) By-law 49(2)(c) does not apply to adopted by-law 65A(1)(b).\n58 Sterilisation marks and certificates\nBy-law 49(2)(b) does not apply to adopted by-law 74(1) and (2)(a).\n59 Offences generally\n(1) By-laws 20, 21 and 21A of the DCC By-laws, and the Schedule to\nthe DCC By-laws (the relevant provisions) apply in relation to an\noffence committed in the Precinct against the Adopted Animal\nManagement By-laws.\n(2) For clause (1), the relevant provisions apply in relation to the\nPrecinct as if:\n(a) a reference to the council includes a reference to the\nCorporation; and\n(b) a reference to an authorised person includes a reference to an\nauthorised person appointed under these By-laws.\n(3) However, by-law 21(4) of the relevant provisions does not apply in\nrelation to an infringement notice approved by the Corporation.\n\nPart 6 Carrying out work\nDarwin Waterfront Corporation By-laws 2010 24\nPart 6 Carrying out work\n60 Laying pipes etc. and digging in public place\n(1) A person must not:\n(a) lay pipes, cables or conduits in a public place; or\n(b) dig up turf, sand, clay, soil or another material in a public\nplace.\nMaximum penalty: 100 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) Clause (1)(b) does not apply to a person who digs up sand, solely\nas a recreational activity, at the beach adjoining public enclosed\nwaters.\n(4) An offence against clause (1) is a regulatory offence.\n(5) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n61 Structures, fixtures and equipment\n(1) A person must not:\n(a) interfere with, deface, damage or destroy a structure, fixture or\npiece of equipment in a public place; or\n(b) erect or install a structure in a public place; or\n(c) move a structure in a public place.\nMaximum penalty: 100 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n62 Excavations\n(1) A person must not excavate land.\nMaximum penalty: 100 penalty units.\n\nPart 7 Conduct in public places\nDarwin Waterfront Corporation By-laws 2010 25\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\nPart 7 Conduct in public places\n63 Handbills\n(1) A person must not, in a public place:\n(a) distribute a handbill; or\n(b) affix a handbill to a structure.\nMaximum penalty: 5 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) A person must not affix a handbill to a structure on private land\nadjoining a public place.\nMaximum penalty: 5 penalty units.\n(4) Clause (3) does not apply to a person who has the consent of the\nowner or occupier of the land and is acting in accordance with a\npermit.\n(5) If a handbill affixed in accordance with a permit is dirty, untidy,\nworn, torn or detached, the Corporation may, by a notice under\nby-law 20, direct the responsible person to repair or remove the\nhandbill.\n(6) For clause (5), the responsible person is:\n(a) if the handbill is affixed to a structure on private land – the\nowner or occupier of the land; or\n(b) otherwise – the person who affixed the handbill.\n(7) An offence against this by-law is a regulatory offence.\n(8) To avoid doubt, an advertising sign to which Part 13 applies is not a\nhandbill mentioned in this by-law.\n\nPart 7 Conduct in public places\nDarwin Waterfront Corporation By-laws 2010 26\n65 Vehicles and boats in public place\n(1) A person must not display a vehicle or boat for sale in a public\nplace.\nMaximum penalty: 5 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) A person must not wash or carry out repairs or maintenance work\non a vehicle or boat in a public place.\nMaximum penalty: 5 penalty units.\n(4) Clause (3) does not apply:\n(a) if the place has been set aside by the Corporation for the\npurpose of washing or carrying out repairs or maintenance\nwork on vehicles or boats; or\n(b) to repairs for the purpose of immediately removing the vehicle\nor boat from a public place.\n(5) The Corporation may, by sign, prohibit the following:\n(a) the driving of motor vehicles in a public place;\n(b) the riding or driving of other vehicles in a public place.\n(6) A sign prohibiting the riding or driving of vehicles mentioned in\nclause (5)(b) may relate to all, or specified, vehicles.\n(7) A person must not drive a motor vehicle in contravention of a sign\nmentioned in clause (5)(a).\nMaximum penalty: 20 penalty units.\n(8) A person must not ride or drive a vehicle in contravention of a sign\nmentioned in clause (5)(b).\nMaximum penalty: 20 penalty units.\n(9) An offence against this by-law is a regulatory offence.\n66 Public performances and amplification systems\n(1) A person must not perform, paint, draw or take a photograph or film\nfor commercial purposes in a public place.\nMaximum penalty: 20 penalty units.\n\nPart 7 Conduct in public places\nDarwin Waterfront Corporation By-laws 2010 27\n(2) A person must not use any means of amplification or public address\nsystem in a public place.\nMaximum penalty: 20 penalty units.\n(3) This by-law does not apply to a person acting in accordance with a\npermit or the written authority of the Corporation.\n(4) An offence against clause (2) is a regulatory offence.\n67 Camping in public place\n(1) A person must not camp in a public place.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) If an authorised person reasonably believes a person has\ncontravened clause (1), the authorised person may direct the\nperson to:\n(a) leave the public place; and\n(b) remove anything used for camping in contravention of\nclause (1) to a place specified by the authorised person.\n(4) The person must not contravene the direction.\nMaximum penalty: 20 penalty units.\n(5) An offence against this by-law is a regulatory offence.\n(6) It is a defence to a prosecution for an offence against clause (4) if\nthe defendant establishes a reasonable excuse.\n(7) In this by-law:\ncamp includes any of the following:\n(a) stay overnight in a vehicle, boat, tent or other temporary\nshelter;\n(b) stay overnight in the open air;\n(c) prepare a temporary shelter, park a vehicle, or put in place\nany equipment or bedding, for the purpose of staying\novernight or sleeping.\n\nPart 7 Conduct in public places\nDarwin Waterfront Corporation By-laws 2010 28\n68 Shopping trolleys left in public place\n(1) If a person uses a shopping trolley, the person must not leave it in a\npublic place.\nMaximum penalty: 5 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n(3) An authorised person may remove and impound a shopping trolley\nleft unattended in a public place.\n(4) If the owner of the trolley can be identified and found, the\nauthorised person must give the owner written notice of the\nimpoundment and place of impoundment as soon as practicable\nafter the impoundment.\n(5) If the owner cannot be identified and found and does not claim the\ntrolley within 28 days after the impoundment, the Corporation must:\n(a) publish notice of the impoundment in a newspaper circulating\nin the Precinct; and\n(b) if the owner does not respond within 7 days after the\npublication – publish the notice a second time.\n(6) The Corporation may sell or dispose of the trolley if the owner does\nnot reimburse the Corporation for all costs relating to the removal\nand impoundment of the trolley within 28 days after:\n(a) notice is given under clause (4); or\n(b) the later of the publications under clause (5).\n(7) Proceeds of the sale of the trolley must be used to pay the costs of\nits removal, impoundment and sale.\n(8) Any balance must be paid:\n(a) to the owner at the time of the removal and impoundment; or\n(b) if the owner at the time of the removal and impoundment does\nnot claim the balance – to the Corporation's general fund.\n69 Public amenities\n(1) A person must not enter a dressing room, toilet or shower set aside\nfor members of the opposite sex.\nMaximum penalty: 20 penalty units.\n\nPart 7 Conduct in public places\nDarwin Waterfront Corporation By-laws 2010 29\n(2) A person who is responsible for the custody, care or control of a\nchild between the ages of 5 and 15 years must not allow the child to\nenter a dressing room, toilet or shower set aside for members of the\nopposite sex of the child.\nMaximum penalty: 20 penalty units.\n(3) It is a defence to a prosecution for an offence against this by-law if\nthe defendant establishes a reasonable excuse.\n70 Conduct generally in public place\n(1) A person must not, in a public place, intentionally obstruct or disturb\nanother person.\nMaximum penalty: 50 penalty units.\n(2) A person must not, in a public place:\n(a) do anything likely to annoy another person; or\n(b) urinate; or\n(c) behave in a disorderly, indecent or offensive way; or\n(d) use offensive or indecent language.\nMaximum penalty: 20 penalty units.\n(3) A person must not, in a public place, contravene a direction given\nby an authorised person or notified on a sign erected by the\nCorporation.\nMaximum penalty: 20 penalty units.\n(4) A person must not, in a public place, behave in a way likely to injure\nthe person or another person.\nMaximum penalty: 100 penalty units.\n(5) A person must not:\n(a) restrict public access to a public place; or\n(b) obstruct the use of a facility in a public place.\nMaximum penalty: 20 penalty units.\n(6) Clause (5) does not apply to a person acting in accordance with a\npermit.\n\nPart 8 Promenades\nDarwin Waterfront Corporation By-laws 2010 30\n(7) An offence against clause (3), (4) or (5) is a regulatory offence.\n(8) It is a defence to a prosecution for an offence against clause (3)\nor (4) if the defendant establishes a reasonable excuse.\nPart 8 Promenades\n71 Application of Part\nThis Part does not apply to:\n(a) a person acting in accordance with a permit; or\n(b) an authorised person, or an agent, officer or employee of the\nCorporation, acting in accordance with the person's duties.\n72 Walking on roof etc. of promenade\n(1) A person must not walk on a roof, covering or canopy erected over\na promenade.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n73 Animals on promenade\n(1) The Corporation may, by sign, prohibit animals on a promenade.\n(2) A person must not bring an animal, other than a guide dog, onto a\npromenade where animals are prohibited.\nMaximum penalty: 5 penalty units.\n(2A) An offence against clause (2) is a regulatory offence.\n(3) In this by-law:\nguide dog means a dog:\n(a) trained by a guide dog training institution recognised by the\nCorporation; and\n(b) being used to provide assistance to a person who has a\nvisual, hearing or mobility impairment.\n\nPart 8 Promenades\nDarwin Waterfront Corporation By-laws 2010 31\n74 Motor vehicles on promenade\n(1) A person must not drive or stop a motor vehicle on a promenade\nunless it is:\n(a) an emergency vehicle; or\n(b) a service vehicle.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) A person must not drive a vehicle, other than an emergency\nvehicle, on a promenade at a speed in excess of 5 km/h.\nMaximum penalty: 20 penalty units.\n(4) An offence against this by-law is a regulatory offence.\n(5) If a vehicle is on a promenade in contravention of this by-law, a\npolice officer or an authorised person may remove the vehicle to a\nplace off the promenade.\n(6) In this by-law:\nemergency vehicle means a vehicle under the control of any of the\nfollowing bodies in relation to its functions:\n(a) the Police Force of the Northern Territory;\n(b) the Northern Territory Fire and Rescue Service;\n(c) the Northern Territory Emergency Service;\n(d) an ambulance service.\nservice vehicle means a vehicle under the control of any of the\nfollowing bodies in relation to its functions:\n(a) the Corporation;\n(b) an Agency whose responsibilities include the care, control and\nmanagement of roads, the construction and maintenance of\ngovernment works, or planning and urban development;\n(c) the Power and Water Corporation;\n(d) an organisation providing telecommunications services within\nthe Territory.\n\nPart 9 Wave Lagoon and public enclosed waters\nDarwin Waterfront Corporation By-laws 2010 32\nPart 9 Wave Lagoon and public enclosed waters\n75 Admission to Wave Lagoon\n(1) A person must not enter the Wave Lagoon without paying the\ndetermined fee for admission.\nMaximum penalty: 5 penalty units.\n(1A) A person must not enter the Wave Lagoon outside its operating\nhours.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with the\nwritten authority of the Corporation.\n(3) The Corporation may restrict or prohibit public admission to the\nWave Lagoon on a specific day by exhibiting a notice to that effect\nat the entrance to the Wave Lagoon.\n(4) If a child is not accompanied by, and in the control of, an older\nperson who is apparently capable of caring for the child, the child\nmay be refused admission to the Wave Lagoon.\n(5) An offence against this by-law is a regulatory offence.\n76 No intoxicating liquor in Wave Lagoon\n(1) A person must not possess intoxicating liquor in the Wave Lagoon.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n77 Skin diseases or complaints\nA person suffering from an infectious or contagious skin disease or\nskin complaint must not enter the water of the Wave Lagoon or\npublic enclosed waters.\nMaximum penalty: 100 penalty units.\n78 Animals not permitted\nA person must not allow an animal under the person's control to\nenter the Wave Lagoon or public enclosed waters.\nMaximum penalty: 20 penalty units.\n\nPart 9 Wave Lagoon and public enclosed waters\nDarwin Waterfront Corporation By-laws 2010 33\n79 No introduction of animals or plants\n(1) A person must not put an animal or plant into the Wave Lagoon or\npublic enclosed waters.\nMaximum penalty: 100 penalty units.\n(2) Clause (1) applies regardless of whether the animal or plant is dead\nor alive.\n(3) In this by-law:\nanimal includes a crocodile, fish, jellyfish and crustacean.\n80 No fish feeding in public enclosed waters\n(1) A person must not feed fish in public enclosed waters.\nMaximum penalty: 5 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n81 Boats in public enclosed waters\n(1) A person must not drive or propel a boat in public enclosed waters\nexcept to leave or enter a berth allocated to the boat within the\npublic enclosed waters.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) The Corporation may determine a speed limit for boats being driven\nor propelled in public enclosed waters and erect a sign notifying the\nspeed limit.\n(4) A person must not drive or propel a boat at a speed greater than\nthe speed limit notified under clause (3).\nMaximum penalty: 20 penalty units.\n(5) Clause (4) does not apply to a person acting in accordance with a\npermit.\n(6) An offence against this by-law is a regulatory offence.\n\nPart 10 Markets and stalls\nDarwin Waterfront Corporation By-laws 2010 34\n82 Directions of authorised persons\n(1) An authorised person may direct a person to leave the Wave\nLagoon, public enclosed waters, or a recreational area adjoining\npublic enclosed waters, if the authorised person reasonably\nbelieves the person:\n(a) has contravened a by-law in this Division; or\n(b) is intoxicated; or\n(c) is inappropriately or inadequately dressed.\n(2) A person must not contravene a direction given under clause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes a reasonable excuse.\nPart 10 Markets and stalls\n83 Definitions\nIn this Part:\nmarket means an area in which 2 or more stalls are located or\nintended to be located.\nsell includes offer, expose, or advertise, for sale.\nstall means a stall or other thing from which goods or services are\noffered for sale and includes a tent, vehicle, caravan, trailer or\ntable.\nstallholder means a person who sells goods or services from a\nstall.\nstallholders association means an association incorporated under\nthe Associations Act 2003 for the purpose of establishing and\nmanaging a market.\n84 Obligations of stallholders associations\n(1) A stallholders association must not establish or manage a market\nwithout a market permit granted under by-law 14.\nMaximum penalty: 100 penalty units.\n\nPart 10 Markets and stalls\nDarwin Waterfront Corporation By-laws 2010 35\n(2) The stallholders association for a market:\n(a) must not contravene the reasonable directions of the\nCorporation or an authorised person concerning the location\nof stalls in the market; and\n(b) must keep the site of the market clean and free from litter\nresulting from its operation.\nMaximum penalty: 100 penalty units.\n(3) The stallholders association for a market must not allow the market\nor stalls in the market to be conducted in a way that:\n(a) obstructs the passage of pedestrians or vehicles; or\n(b) is or is likely to be offensive to persons in or in the vicinity of\nthe market.\nMaximum penalty: 100 penalty units.\n(4) It is a defence to a prosecution for an offence against this by-law if\nthe defendant establishes a reasonable excuse.\n85 Stallholders permit\n(1) A person must not sell goods or services from a stall without a\nstallholders permit.\nMaximum penalty: 20 penalty units.\n(2) A person who proposes to sell goods or services from a stall that is\nnot located in a market must apply to the Corporation for a\nstallholders permit under by-law 13.\n(3) A person who proposes to sell goods or services from a stall\nlocated in a market must apply for a stallholders permit to the\nstallholders association for the market.\n(4) An offence against clause (1) is a regulatory offence.\n86 Obligations of stallholders\n(1) A stallholder must not:\n(a) contravene the reasonable directions of the Corporation or an\nauthorised person concerning the location and siting of the\nstallholder's stall; or\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 1 Parking\nDarwin Waterfront Corporation By-laws 2010 36\n(b) fail to maintain the stall in good order and condition, including\nby keeping the site of the stall clean and free from waste and\nlitter resulting from its operation.\nMaximum penalty: 100 penalty units.\n(2) A stallholder must not:\n(a) call, spruik or tout goods; or\n(b) leave or store packaging or goods except within the\nstallholder's stall; or\n(c) obstruct the passage of pedestrians or vehicles; or\n(d) fail to display the stallholder's name legibly and conspicuously\non the stall.\nMaximum penalty: 20 penalty units.\n(3) An offence against this by-law is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\nPart 11 Parking, roads, crossings and footpaths\nDivision 1 Parking\n87 Off-street parking areas\n(1) The Corporation may set aside an area that is not on a road or\nstreet to be an off-street parking area controlled by the Corporation.\n(2) To regulate parking in an off-street parking area, the Corporation\nmay:\n(a) determine the conditions for parking in the area; and\n(b) notify the conditions on signs erected in the area.\n(3) The Corporation may also install meters or ticket vending machines\nin the area to regulate the parking.\n(4) A person must not stand or park a vehicle in an off-street parking\narea:\n(a) in contravention of a sign in the area; or\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 1 Parking\nDarwin Waterfront Corporation By-laws 2010 37\n(b) with a space of less than 1 metre between it and another\nvehicle; or\n(c) if parking bays are marked in the area – with any part of the\nvehicle outside a parking bay; or\n(d) with any part of the vehicle outside the area.\nMaximum penalty: 5 penalty units.\n(5) An offence against clause (4) is a regulatory offence.\n88 Application of Traffic Regulations 1999 to off-street parking\nareas\n(1) The following provisions (the relevant provisions) of the Traffic\nRegulations 1999, as in force from time to time, are adopted in\nrelation to an offence against by-law 87(4):\n(a) Part 3, Division 1, to the extent to which it applies in relation to\na parking infringement;\n(b) Part 3, Division 2, except regulation 52(1);\n(c) Part 3, Division 4.\nNote for clause (1)\nThe relevant provisions apply of their own force to on-street parking. This by-law\ntherefore extends the operation of the relevant provisions to off-street parking.\n(2) For clause (1), the relevant provisions apply with the following\nchanges:\n(a) a reference to a parking infringement is taken to be a\nreference to a contravention of by-law 87(4); and\n(b) a reference to a sign or other manner of prescription under the\nTraffic Regulations 1999 is taken to be a reference to a sign\nmentioned in by-law 87(4)(a); and\n(c) a reference to a competent authority is taken to be a reference\nto:\n(i) the Corporation; and\n(ii) if an arrangement with the DCC is in force in relation to\nthe service of parking infringement notices in the\nPrecinct – the DCC; and\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 1 Parking\nDarwin Waterfront Corporation By-laws 2010 38\n(d) a reference to an officer of a competent authority is taken to\nbe a reference to:\n(i) an authorised person; or\n(ii) if an arrangement mentioned in paragraph (c)(ii) is in\nforce – an officer or employee of the DCC.\n89 On-street parking\n(1) To regulate parking on a road or street (on-street parking), the\nCorporation may:\n(a) determine the conditions for on-street parking; and\n(b) notify the conditions on signs erected on or near the road or\nstreet where on-street parking is regulated.\n(2) The Corporation may also install meters or ticket vending machines\nto regulate on-street parking.\n(3) In relation to the infringement notice scheme for parking\ninfringements under Part 3 of the Traffic Regulations 1999, as\napplicable to on-street parking in the Precinct:\n(a) a reference in that Part to a municipality as defined in\nsection 7 of the Local Government Act 2019 is taken to be a\nreference to the Precinct; and\n(b) a reference in that Part to a competent authority is taken to be\na reference to:\n(i) the Corporation; and\n(ii) if an arrangement mentioned in by-law 88(2)(c)(ii) is in\nforce – the DCC; and\n(c) a reference in that Part to an officer of a competent authority is\ntaken to be a reference to:\n(i) an authorised person; or\n(ii) if an arrangement mentioned in by-law 88(2)(c)(ii) is in\nforce – an officer or employee of the DCC.\n(4) If a person is prosecuted for a parking infringement in relation to\non-street parking, as mentioned in regulation 51(3) of the Traffic\nRegulations 1999, the maximum penalty that may be imposed by a\ncourt in relation to the relevant offence is 5 penalty units.\n(5) An offence mentioned in clause (4) is a regulatory offence.\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 2 Roads, crossings and footpaths\nDarwin Waterfront Corporation By-laws 2010 39\nDivision 2 Roads, crossings and footpaths\n90 Damage to roads\n(1) A person must not propel or drag anything over a road:\n(a) that is likely to damage the road; or\n(b) in a way that is likely to endanger or disturb another person.\nMaximum penalty: 100 penalty units.\n(2) Clause (1)(a) does not apply to a person acting in accordance with\na permit.\n(3) A person must not spill on a road a substance likely to endanger a\nperson or damage the road.\nMaximum penalty: 100 penalty units.\n(4) An offence against this by-law is a regulatory offence.\n(5) It is a defence to a prosecution for an offence against this by-law if\nthe defendant establishes a reasonable excuse.\n91 Safety lights on roads\n(1) A person must provide safety lights in accordance with clause (2) if\nthe person:\n(a) leaves or lays any material or structure on a road; or\n(b) carries out work involving opening or breaking up the surface\nof a road.\nMaximum penalty: 100 penalty units.\n(2) The lights must be:\n(a) of an approved type, colour and quantity; and\n(b) placed near the material, structure or work until:\n(i) the material or structure is removed; or\n(ii) the work is complete and the road is restored; and\n(c) illuminated from sunset to sunrise.\n(3) An offence against clause (1) is a regulatory offence.\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 2 Roads, crossings and footpaths\nDarwin Waterfront Corporation By-laws 2010 40\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n92 Removal of kerbing from road\n(1) A person must not remove a road kerb.\nMaximum penalty: 100 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n93 Corporation may require land adjoining road to be enclosed\n(1) The Corporation may, by a notice under by-law 20, direct the owner\nor occupier of land adjoining a road to enclose the land.\n(2) An owner or occupier of land must not erect or maintain a fence\ncontaining barbed wire or similar material at a height lower than\n2.33 metres from the ground:\n(a) on the boundary of the land; or\n(b) within 0.66 metres of a road or land under the control of the\nCorporation.\nMaximum penalty: 100 penalty units.\n(3) Clause (2) does not apply to a person acting in accordance with a\npermit.\n(4) An offence against clause (2) is a regulatory offence.\n(5) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes a reasonable excuse.\n94 Construction of crossing\n(1) The owner or occupier of land that adjoins a public place must not\nconstruct a crossing from the land to the place except in\naccordance with:\n(a) a permit; or\n\nPart 11 Parking, roads, crossings and footpaths\nDivision 2 Roads, crossings and footpaths\nDarwin Waterfront Corporation By-laws 2010 41\n(b) a notice given under by-law 20.\nMaximum penalty: 100 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes a reasonable excuse.\n95 Vehicles to use approved crossings only\n(1) A person must not:\n(a) drive or propel a motor vehicle over or across a footpath\nexcept at an approved crossing; or\n(b) park a vehicle on, or cause an obstruction to, an approved\ncrossing.\nMaximum penalty: 20 penalty units.\n(2) Clause (1) does not apply to a person acting in accordance with a\npermit.\n(3) An offence against clause (1) is a regulatory offence.\n(4) In this by-law:\napproved crossing means a crossing constructed:\n(a) by the Corporation; or\n(b) in accordance with:\n(i) a permit; or\n(ii) a notice given under by-law 20.\n96 Heavy loads prohibited from crossings etc.\n(1) The Corporation may determine the maximum weight of a load that\nmay be carried over a crossing, culvert, road kerb or bridge.\n(2) The maximum weight must be notified on a sign at or near each\napproach to the crossing, culvert, road kerb or bridge.\n(3) A person must not drive, propel or drag a thing (including, for\nexample, a vehicle and equipment) across a crossing, culvert, road\nkerb or bridge if the thing is:\n(a) likely to damage the crossing, culvert, kerb or bridge; or\n\nPart 13 Advertising signs\nDarwin Waterfront Corporation By-laws 2010 42\n(b) over the maximum weight.\nMaximum penalty: 100 penalty units.\n(4) Clause (3) does not apply to a person acting in accordance with a\npermit.\n(5) An offence against clause (3)(b) is a regulatory offence.\n(6) It is a defence to a prosecution for an offence against clause (3)(b)\nif the defendant establishes a reasonable excuse.\n97 Footpath designated as bicycle restriction areas\n(1) The Corporation may, by sign, designate a footpath as a bicycle\nrestriction area.\n(2) A person must not ride a bicycle or tricycle in a bicycle restriction\narea.\nMaximum penalty: 5 penalty units.\n(3) An offence against clause (2) is a regulatory offence.\nPart 12 Public libraries\n98 Corporation may declare libraries\nThe Corporation may declare a library (which may be outside the\nPrecinct) to be a library for use by occupants of the Precinct.\n99 By-laws applying to use of library\nIf a library declared under by-law 98 is located outside the Precinct\nand controlled by a council, the by-laws of the council that relate to\nthe use of the library, as in force from time to time, apply to the\noccupants of the Precinct.\nPart 13 Advertising signs\n100 Definitions\nIn this Part:\nadvertiser means:\n(a) if a permit is in force for an advertising sign – the permit\nholder; or\n\nPart 13 Advertising signs\nDarwin Waterfront Corporation By-laws 2010 43\n(b) otherwise – the person who authorises or causes an\nadvertising sign to be exhibited.\nCode means the code approved under by-law 101.\n101 Outdoor Advertising Signs Code\n(1) The Corporation may approve a code relating to outdoor advertising\nsigns, to be known as the Darwin Waterfront Corporation Outdoor\nAdvertising Signs Code.\n(2) The Corporation must make the Code available for inspection by\nthe public at the Corporation's offices during ordinary business\nhours.\n(3) If the Corporation amends or replaces the Code, the Corporation\nmust publish a notice in a newspaper circulating in the Precinct\nstating that the amendment or replacement has been made.\n102 Exhibiting advertising signs\n(1) A person must not exhibit an advertising sign:\n(a) without a permit; or\n(b) in contravention of the Code.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is a regulatory offence.\n103 Notice to repair or remove sign\n(1) If the Corporation or an authorised person is of the opinion that an\nadvertising sign is not secure or not in good repair, the Corporation\nor authorised person may, by written notice, direct the advertiser to\nrepair or remove the sign.\n(2) The advertiser must not contravene the notice.\nMaximum penalty: 100 penalty units.\n(3) An offence against clause (2) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes a reasonable excuse.\n\nPart 13 Advertising signs\nDarwin Waterfront Corporation By-laws 2010 44\n104 Notice of contravention\n(1) If an advertising sign is exhibited in contravention of this Part, an\nauthorised person may, by written notice, direct the advertiser to\ncorrect the contravention or remove the sign.\n(2) The advertiser must not contravene the notice.\nMaximum penalty: 100 penalty units.\n(3) An offence against clause (2) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes a reasonable excuse.\n105 Form of notice\nA notice given under by-law 103 or 104 must:\n(a) specify the work to be carried out to repair the sign or correct\nthe contravention; and\n(b) specify the period of time within which the work must be\ncompleted or the sign removed; and\n(c) include a statement that a contravention of the notice may\nresult in the impoundment of the sign.\n106 Revocation of permit\n(1) The Corporation may, by written notice to a person, revoke a permit\nfor an advertising sign held by the person if:\n(a) the person contravenes this Part; or\n(b) the character of the public area in which, or in view of which,\nthe sign is exhibited has changed and the sign is no longer\nconsistent with that character; or\n(c) the sign, in conjunction with other signs exhibited by the same\nor other advertisers, seriously detracts from the character of\nthe public area in which, or in view of which, the sign is\nexhibited.\n(2) The notice may direct the person to remove the sign.\n(3) The person must not contravene the notice.\nMaximum penalty: 100 penalty units.\n(4) An offence against clause (3) is a regulatory offence.\n\nPart 13 Advertising signs\nDarwin Waterfront Corporation By-laws 2010 45\n(5) It is a defence to a prosecution for an offence against clause (3) if\nthe defendant establishes a reasonable excuse.\n107 Removal and impoundment of sign with notice\n(1) If a person contravenes a notice given under this Part, an\nauthorised person may remove and impound the advertising sign to\nwhich the notice relates.\n(1A) If necessary, the authorised person may carry out demolition or\nother work necessary to remove the advertising sign.\n(2) If the advertiser can be identified and found, the Corporation must\ngive the advertiser written notice of the impoundment and place of\nimpoundment as soon as practicable after the impoundment.\n(3) If the advertiser cannot be identified and found and does not claim\nthe sign within 28 days after the impoundment, the Corporation\nmust publish notice of the impoundment in a newspaper circulating\nin the Precinct.\n(4) If the advertiser does not reimburse the Corporation for all costs\nrelating to the removal and impoundment of the sign within 28 days\nafter notice of the impoundment is given, the Corporation may\ndispose of the sign.\n108 Removal and impoundment of sign without notice\n(1) An authorised person may remove and impound an advertising sign\nwithout notice to the advertiser if the sign:\n(a) is exhibited without a permit; or\n(b) in the opinion of the authorised person, creates a hazard or\nrisk to life or property; or\n(c) contravenes this Part and, as a result, in the opinion of the\nCorporation, it is necessary to remove the sign immediately.\n(2) If a sign is impounded under clause (1), by-law 107(1A) to (4)\napplies to the impoundment.\n110 Cost recovery\n(1) This by-law applies to the costs reasonably incurred by the\nCorporation under this Part in relation to an advertising sign,\nincluding for the following:\n(a) removing and impounding the sign;\n\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement notices\nDarwin Waterfront Corporation By-laws 2010 46\n(b) keeping custody of and maintaining the sign;\n(c) giving or publishing a notice under by-law 107;\n(d) disposing of the sign.\n(2) The costs are recoverable as a debt due and payable by the\nadvertiser to the Corporation.\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement notices\n111 Application of Division\nThis Division does not apply in relation to an infringement notice\nrelating to:\n(a) an offence against the Adopted Animal Management By-laws;\nor\n(b) an offence to which Part 11, Division 1 applies.\nNote for by-law 111\nSee by-laws 59, 88 and 89(3).\n112 Infringement offence and prescribed amount payable\n(1) An infringement offence is an offence against a provision\nspecified in the Schedule, column 1.\n(2) The prescribed amount payable for an infringement offence is the\namount specified opposite the offence in the Schedule, column 2.\n113 When infringement notice may be served\nIf an authorised person reasonably believes a person has\ncommitted an infringement offence, the authorised person may\nserve a notice on the person.\n114 Contents of infringement notice\n(1) The infringement notice, as approved by the Corporation, must\nspecify the following particulars:\n(a) the name and address of the alleged offender, if known;\n(b) the date of the infringement notice;\n\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement notices\nDarwin Waterfront Corporation By-laws 2010 47\n(c) the date, time and place of the infringement offence;\n(d) a description of the infringement offence and the prescribed\namount payable for the offence;\n(e) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the alleged offender may expiate the infringement offence and\navoid further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after service of the notice;\n(b) the alleged offender may elect, under section 21 of the Fines\nand Penalties (Recovery) Act 2001, to have the matter dealt\nwith by a court instead of under that Act by completing a\nstatement of election and serving it on the specified\nenforcement agency;\n(c) if the alleged offender is the owner of a motor vehicle used in\nthe commission of the offence who was not in control of the\nvehicle when the offence was committed, the alleged offender\nmay give the CEO a statutory declaration under by-law 117\nwithin 28 days after service of the notice;\n(d) if the alleged offender does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001 including (but not limited to)\naction for the following:\n(i) suspension of the alleged offender's permit to drive;\n(ii) suspension of the alleged offender's vehicle registration;\n(iii) seizure of personal property of the alleged offender;\n(iv) deduction of an amount from the alleged offender's\nwages or salary;\n(v) registration of a statutory charge on land owned by the\nalleged offender;\n(vi) making of a community work order for the alleged\noffender which may result in imprisonment of the alleged\noffender if the alleged offender breaches the order.\n\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement notices\nDarwin Waterfront Corporation By-laws 2010 48\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in clause (2)(b).\n115 Payment by cheque\nIf the alleged offender tenders a cheque in payment of the\nprescribed amount, the amount is not taken to have been paid\nunless the cheque is cleared on first presentation.\n116 Withdrawal of infringement notice\n(1) The CEO may withdraw the infringement notice by written notice\nserved on the alleged offender.\n(2) The notice must be served within 28 days after service of the\ninfringement notice but before payment of the prescribed amount.\n117 Liability of owner of motor vehicle\n(1) This by-law applies if:\n(a) an infringement offence involving the use of a motor vehicle is\ncommitted; and\n(b) the name of the alleged offender is not known when the\ninfringement notice is issued for the offence.\n(2) The owner of the vehicle at the time the offence occurs is taken to\nhave committed the offence even if the actual offender is someone\nelse.\n(3) However, the owner of the vehicle is not taken to have committed\nthe offence if, within 28 days after receiving the infringement notice,\nthe owner gives the CEO a statutory declaration complying with:\n(a) clause (4) or (5); and\n(b) if the owner is a body corporate – clause (7).\n(4) A statutory declaration complies with this clause if it states:\n(a) the name and address of the individual in control of the vehicle\nwhen the offence was committed; or\n(b) if the name and address of that person are not known to the\nowner – all information known to the owner that may help in\nidentifying or finding the person.\n(5) A statutory declaration complies with this clause if it states facts\nestablishing the vehicle had been stolen, or was being used without\nthe owner's consent, when the offence was committed.\n\nPart 14 Offences and evidentiary matters\nDivision 1 Infringement offences and infringement notices\nDarwin Waterfront Corporation By-laws 2010 49\n(6) If a statutory declaration made for clause (4) states that the owner\nhad sold or otherwise disposed of the vehicle before the offence\nwas committed, the statutory declaration must state the following:\n(a) the name and address of the person to whom the vehicle was\nsold or disposed of;\n(b) the date and, if relevant, the time of the sale or disposal;\n(c) if the sale or disposal was made through an agent – the name\nand address of the agent.\n(7) If the owner of the vehicle is a body corporate, a statutory\ndeclaration under this by-law must be made by:\n(a) if the owner of the vehicle is a body politic or statutory\ncorporation – a person properly authorised for the purpose; or\n(b) if the owner of the vehicle is another body corporate – a\ndirector, secretary or manager of the body corporate.\n118 Evidentiary certificate\nIn proceedings for an infringement offence, a certificate signed by\nthe CEO stating any of the following is evidence of the matter:\n(a) a stated person was an authorised person having stated\npowers under these by-laws at a stated time;\n(b) a stated document is made, or a stated notice is given, at a\nstated time;\n(c) a stated thing has been identified as stated in the certificate.\n119 Application of Division to proceedings and other matters\n(1) This Division does not prejudice or affect the start or continuing of\nproceedings for an infringement offence unless the offence is\nexpiated.\n(2) Also, this Division does not prevent more than one infringement\nnotice for the same infringement offence being served on an\nalleged offender and, to expiate the offence, it is sufficient for the\nalleged offender to pay the prescribed amount in accordance with\nany of the notices.\n(3) In addition, this Division does not:\n(a) require an infringement notice to be served; and\n\nPart 14 Offences and evidentiary matters\nDivision 2 Evidentiary matters\nDarwin Waterfront Corporation By-laws 2010 50\n(b) does not affect the liability of a person to be prosecuted in a\ncourt for an infringement offence for which an infringement\nnotice has not been served.\nDivision 2 Evidentiary matters\n120 Evidentiary matters\nIn any proceedings:\n(a) a document given under by-law 19(3) is evidence of a matter\ncontained or stated in it; and\n(b) a signature purporting to be the signature of the registrar is\nevidence of the signature it purports to be; and\n(c) a statement signed by the registrar concerning particulars of\nentries in a register is evidence of those particulars.\n\nSchedule Infringement offences and prescribed amounts\nDarwin Waterfront Corporation By-laws 2010 51\nSchedule Infringement offences and prescribed amounts\nby-law 112\nColumn 1\nInfringement offence\nColumn 2\nPrescribed amounts\nin penalty units\nBy-law 15(1) 1\nBy-law 17(3) 2\nBy-law 24(3) 1\nBy-law 25(2) 2\nBy-law 27(3) 1\nBy-law 29 2\nBy-law 31(3) 1\nBy-law 33(1) 1\nBy-law 34(1) 1\nBy-law 34(2) 1\nBy-law 35(1) 1\nBy-law 37(1) 2\nBy-law 37(3) 1\nBy-law 38(1) 3\nBy-law 39(2) 2\nBy-law 39(4) 4\nBy-law 39(5) 1\nBy-law 40(1) 2\nBy-law 41(1) 2\nBy-law 42(1) 4\n\nSchedule Infringement offences and prescribed amounts\nDarwin Waterfront Corporation By-laws 2010 52\nBy-law 43(1) 4\nBy-law 44(1) 4\nBy-law 46(1) 1\nBy-law 46(3) 1\nBy-law 60(1) 3\nBy-law 61(1) 3\nBy-law 62(1) 3\nBy-law 63(1) 1\nBy-law 63(3) 1\nBy-law 65(1) 1\nBy-law 65(3) 1\nBy-law 65(7) 2\nBy-law 65(8) 1\nBy-law 66(1) 1\nBy-law 66(2) 1\nBy-law 67(1) 1\nBy-law 67(4) 3\nBy-law 68(1) 1\nBy-law 69(1) 1\nBy-law 69(2) 1\nBy-law 70(1) 1\nBy-law 70(2) 1\nBy-law 70(3) 3\nBy-law 70(4) 3\nBy-law 70(5) 1\n\nSchedule Infringement offences and prescribed amounts\nDarwin Waterfront Corporation By-laws 2010 53\nBy-law 72(1) 1\nBy-law 73(2) 1\nBy-law 74(1) 3\nBy-law 74(3) 1\nBy-law 75(1) 1\nBy-law 75(1A) 2\nBy-law 76(1) 1\nBy-law 78 1\nBy-law 79(1) 5\nBy-law 80(1) 1\nBy-law 81(1) 2\nBy-law 81(4) 2\nBy-law 82(2) 2\nBy-law 84(1) 3\nBy-law 84(2) 3\nBy-law 84(3) 3\nBy-law 85(1) 1\nBy-law 86(1) 3\nBy-law 86(2) 1\nBy-law 90(1) 4\nBy-law 90(3) 4\nBy-law 91(1) 4\nBy-law 92(1) 3\nBy-law 93(2) 1\nBy-law 94(1) 2\n\nSchedule Infringement offences and prescribed amounts\nDarwin Waterfront Corporation By-laws 2010 54\nBy-law 95(1) 1\nBy-law 96(3) 3\nBy-law 97(2) 1\nBy-law 102(1) 2\nBy-law 103(2) 3\nBy-law 104(2) 3\nBy-law 106(3) 3\n\nENDNOTES\nDarwin Waterfront Corporation By-laws 2010 55\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\nDarwin Waterfront Corporation By-Laws (SL No. 15, 2010)\nNotified 1 July 2010\nCommenced 1 July 2010 (bl 2, r 2 Darwin Waterfront Corporation\nRegulations (SL No. 36, 2009) and Gaz S34, 1 July 2010)\nDarwin Waterfront Corporation Amendment By-Laws 2011 (SL No. 23, 2011)\nNotified 25 May 2011\nCommenced 25 May 2011\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,\n29 April 2016)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n\nENDNOTES\nDarwin Waterfront Corporation By-laws 2010 56\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, 2018) to: bl 1, 2, 6, 8, 88, 89 and 114.\n4 LIST OF AMENDMENTS\nbl 3 amd Act No. 39, 2019, s 370\nbl 15 amd No. 23, 2011, bl 3\nbl 17 amd No. 23, 2011, bl 51\nbl 24 amd No. 23, 2011, bl 4\nbl 25 amd No. 23, 2011, bl 5\nbl 26 amd No. 23, 2011, bl 6; Act No. 8, 2016, s 45\nbl 27 amd No. 23, 2011, bl 7\nbl 29 amd No. 23, 2011, bl 51\nbl 31 amd No. 23, 2011, bl 8\nbl 33 sub No. 23, 2011, bl 9\nbl 34 amd No. 23, 2011, bl 51\nbl 35 amd No. 23, 2011, bl 10\nbl 37 amd No. 23, 2011, bl 51\nbl 38 amd No. 23, 2011, bl 11\nbl 39 amd No. 23, 2011, bl 12\nbl 40 amd No. 23, 2011, bl 13\nbl 41 amd No. 23, 2011, bl 14\nbl 42 amd No. 23, 2011, bl 15\nbl 43 amd No. 23, 2011, bl 16\nbl 44 amd No. 23, 2011, bl 17\nbl 46 amd No. 23, 2011, bl 51\nbl 60 amd No. 23, 2011, bl 18\nbl 61 amd No. 23, 2011, bl 19\nbl 62 amd No. 23, 2011, bl 20\nbl 63 amd No. 23, 2011, bl 21\nbl 64 rep No. 23, 2011, bl 22\nbl 65 amd No. 23, 2011, bl 23\nbl 66 amd No. 23, 2011, bl 24\nbl 67 amd No. 23, 2011, bl 25\nbl 68 amd No. 23, 2011, bl 51\nbl 69 sub No. 23, 2011, bl 26\nbl 70 sub No. 23, 2011, bl 26\nbl 72 amd No. 23, 2011, bl 27\nbl 73 amd No. 23, 2011, bl 28\nbl 74 amd No. 23, 2011, bl 51\nbl 75 amd No. 23, 2011, bl 29\nbl 76 amd No. 23, 2011, bl 30\nbl 80 amd No. 23, 2011, bl 31\nbl 81 amd No. 23, 2011, bl 32\nbl 82 amd No. 23, 2011, bl 33\nbl 84 amd No. 23, 2011, bl 34\nbl 85 amd No. 23, 2011, bl 35\nbl 86 amd No. 23, 2011, bl 36\nbl 87 amd No. 23, 2011, bl 51\nbl 89 amd No. 23, 2011, bl 51; Act No. 39, 2019, s 370\nbl 90 amd No. 23, 2011, bl 37\nbl 91 amd No. 23, 2011, bl 38\nbl 92 amd No. 23, 2011, bl 39\nbl 93 amd No. 23, 2011, bl 40\n\nENDNOTES\nDarwin Waterfront Corporation By-laws 2010 57\nbl 94 amd No. 23, 2011, bl 41\nbl 95 amd No. 23, 2011, bl 51\nbl 96 amd No. 23, 2011, bl 42\nbl 97 amd No. 23, 2011, bl 43\nbl 102 amd No. 23, 2011, bl 44\nbl 103 amd No. 23, 2011, bl 45\nbl 104 amd No. 23, 2011, bl 46\nbl 106 amd No. 23, 2011, bl 47\nbl 107 amd No. 23, 2011, bl 48\nbl 108 amd No. 23, 2011, bl 51\nbl 109 rep No. 23, 2011, bl 49\nsch sub No. 23, 2011, bl 50","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive regulatory framework for the Darwin Waterfront Precinct. While it has been amended multiple times (notably in 2011, 2016, 2019, and 2021), these amendments appear to be technical updates, corrections, and adjustments to penalty structures rather than significant expansions beyond the original purpose of managing the Precinct's public spaces, infrastructure, and commercial activities."},"complexity_factors":["Extensive cross-referencing: Adopts Darwin City Council By-laws in their entirety for animal management (Part 5), requiring readers to consult external legislation","Multiple overlapping jurisdictions: Splits responsibilities between the Corporation and Darwin City Council (DCC) for animal management, parking enforcement, and libraries","Conditional logic throughout: Most offence provisions contain exceptions ('does not apply if acting in accordance with a permit') and defences ('reasonable excuse')","Adopted legislation mechanism: By-law 88 applies Traffic Regulations 1999 to off-street parking with extensive modifications and redefinitions","Defined terms: 30+ defined terms in by-law 3 alone, with additional Part-specific definitions in by-laws 7, 30, 47, 83, and 100","Nested administrative procedures: Detailed steps for impoundment of shopping trolleys (by-law 68) and advertising signs (by-laws 107-108) including notice periods, publication requirements, and disposal","Unit title scheme complexity: By-law 8 references multiple types of body corporates, basic schemes, layered schemes, and subsidiary schemes under two different Unit Titles Acts","Infringement notice scheme: Part 14 creates a parallel enforcement system with specific evidentiary rules, withdrawal procedures, and statutory declaration requirements for vehicle owners"],"plain_english_summary":"These are the rules that govern behaviour and activities in Darwin's Waterfront Precinct – the area around the harbour including the Wave Lagoon, promenades, parks, and surrounding streets.\n\n**Who it affects:**\n- Anyone visiting or living in the Waterfront Precinct (tourists, residents, businesses, stallholders, boat owners)\n- The Darwin Waterfront Corporation (the government body that manages the area)\n- Darwin City Council (which shares some responsibilities, especially for animal management)\n\n**What it does:**\n\n**1. Money matters**\n- Allows the Corporation to charge **rates** (like council rates) on common property in unit complexes\n- Can impose **levies** on certain people to fund promotional activities, with detailed rules about how this money must be accounted for and refunded if not spent\n- Sets fees for services, permits, Wave Lagoon entry, and parking\n\n**2. Permits and enforcement**\n- Requires permits for many activities: markets, stalls, laying pipes, fires, advertising signs, and various commercial activities\n- Authorised officers can issue directions, demand names and addresses, enter premises (with consent, warrant, or in emergencies), and remove people from public places\n- Creates an **infringement notice** system (on-the-spot fines) for minor offences\n\n**3. Keeping the place clean and safe**\n- Rules about garbage collection, litter, and waste disposal\n- Bans on open fires, breaking glass, and throwing dangerous objects\n- Prohibitions on damaging trees, polluting water, and burning smelly materials\n\n**4. Animal management (shared with Darwin City Council)**\n- \"Adopts\" the Darwin City Council's animal by-laws so they apply in the Precinct\n- Splits responsibilities: the Council handles dog registration and dangerous dogs; the Corporation handles dog exercise areas and licensing pet-related businesses\n\n**5. Public behaviour**\n- Bans camping, disorderly conduct, offensive language, and obstructing others\n- Restricts handbills, commercial photography, and amplified sound without permits\n- Prohibits leaving shopping trolleys in public places\n\n**6. Special areas**\n- **Promenades:** No walking on roofs, restricted animal access, speed limits for service vehicles\n- **Wave Lagoon:** Entry fees apply, no alcohol, no animals, no fishing, no feeding fish, health restrictions for people with skin infections\n\n**7. Parking and roads**\n- Controls off-street parking areas and can apply traffic rules to them\n- Regulates on-street parking\n- Rules about damaging roads, safety lights for roadworks, and vehicle crossings\n\n**8. Advertising signs**\n- Requires permits and compliance with a Code\n- Allows removal and impoundment of non-compliant or dangerous signs\n\n**Why it matters:**\nThese by-laws keep the Waterfront Precinct safe, clean, and commercially viable. They balance public access with private commercial activity, ensure the Corporation can maintain infrastructure, and provide enforcement tools ranging from warnings to fines and court action. The shared arrangement with Darwin City Council for animal management avoids duplication while clarifying who does what."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument has been amended repeatedly (see Endnotes: 'List of Amendments') so its operational scope has shifted since first made. Changes update cross‑references (eg. Local Government Act 2019), extend and clarify parking enforcement via Traffic Regulations adoption, adopt and modify DCC animal by‑laws with specific carve‑outs, and adjust infringement and authorised‑person procedures — all of which alter how powers, fees and enforcement apply in practice."},"complexity_factors":["Many substantive areas covered across 14 Parts (rates, levies, permits, animal management, advertising, parking, Wave Lagoon rules), increasing cross-cutting complexity.","Frequent cross-references to external instruments and Acts (Darwin Waterfront Corporation Act 2006, Unit Titles Acts, Traffic Regulations 1999, Local Government Act 2019) requiring concurrent interpretation.","Adoption and partial incorporation of Darwin City Council animal management by‑laws, with carve‑outs and role splits between the Corporation and DCC (Part 5), creating layered governance.","Multiple enforcement streams: authorised persons, infringement notice scheme, court proceedings, CEO withdrawal power and Fines and Penalties (Recovery) Act consequences (by‑laws 22–29, 111–119).","Discretionary powers for the Corporation to set fees, approve codes (eg. advertising), declare dumps, designate parking areas and revoke permits, concentrating administrative decision‑making (by‑laws 12, 101, 36, 87, 106).","Detailed permit and notice regimes with timeframes, content and remedies (permit applications, notices to repair/remove, directions to carry out work) that impose compliance burdens on private actors (by‑laws 13–21, 103–107).","Cost recovery and debt provisions (eg. work carried out by the Corporation, removal/impoundment and disposal of property) impose financial liability and follow civil recovery processes (by‑laws 20, 107, 110).","Numerous defined terms and localised definitions (public place, Wave Lagoon, prescribed person, promoter levy, off‑street/on‑street parking) that affect scope and application.","Multiple defences (notably ‘reasonable excuse’) and evidentiary certificates shift litigation dynamics and evidentiary burdens (eg. by‑laws 15(4), 26(3), 118, 120).","Schedule of infringement offences with varied prescribed amounts creates granular penalty architecture tied to many separate by‑laws."],"plain_english_summary":"These by-laws set the rules for use, behaviour, facilities, fees and enforcement in the Darwin Waterfront precinct. The Corporation can impose rates and a promotional levy on prescribed persons, set fees (eg. Wave Lagoon admission, parking), grant permits, appoint authorised officers with entry and enforcement powers, and recover costs or issue infringement notices and penalties. Affected parties include precinct occupiers, stallholders, advertisers, vehicle owners and visitors who must comply with permit, safety and conduct requirements or pay fines and fees."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the by-laws appear to remain focused on their original purpose of governing conduct and activities within the Darwin Waterfront precinct. No scope expansion or contraction is evident from the metadata provided, though the reprint history suggests amendments have been made."},"complexity_factors":["Limited metadata provided — the actual substantive content of the by-laws is not included, making full analysis impossible","By-laws of this type typically involve interaction between the governing legislation (Darwin Waterfront Corporation Act) and these subordinate rules, requiring cross-referencing","Enforcement provisions in precinct by-laws can involve overlapping jurisdiction with NT Police and general public space laws","The reprint notation (REPD031R2) suggests multiple amendments have been made over time, adding layers of change to track","Precinct-specific rules can be unclear in application at boundary areas of the waterfront"],"plain_english_summary":"The Darwin Waterfront Corporation By‑Laws 2010 set out the rules governing use, conduct, access and enforcement within the publicly managed Darwin Waterfront precinct. They give authorised officers powers to enforce standards and impose penalties for breaches.\n\nThey affect visitors, workers, businesses, event organisers and the Corporation itself. They have applied since 1 July 2021 and non‑compliance can lead to fines or removal from the precinct."}},"importantCases":[],"_links":{"self":"/api/acts/darwin-waterfront-corporation-by-laws-2010","history":"/api/acts/darwin-waterfront-corporation-by-laws-2010/history","analysis":"/api/acts/darwin-waterfront-corporation-by-laws-2010/analysis","conflicts":"/api/acts/darwin-waterfront-corporation-by-laws-2010/conflicts","importantCases":"/api/acts/darwin-waterfront-corporation-by-laws-2010/important-cases","documents":"/api/acts/darwin-waterfront-corporation-by-laws-2010/documents"}}