{"id":"katherine-town-council-bylaws-1998","name":"KATHERINE TOWN COUNCIL BY-LAWS 1998","slug":"katherine-town-council-by-laws-1998","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176916,"registerId":"nt-katherine-town-council-bylaws-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese By-laws may be cited as the Katherine Town Council\nBy-laws 1998.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Crown to be bound","content":"2 Crown to be bound\nThese By-laws bind the Crown in right of the Territory.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn these By-laws:\nabandon, for Part 3, see by-law 37A.\nanimal means all animals kept on private premises in the\nmunicipality, and includes dogs, cats, birds and reptiles.\nappropriate fee means the fee determined from time to time by the\ncouncil to be the fee for a permit, authority, licence, registration or\nother matter or for a class or classes of permit, authority, licence,\nregistration or other matter.\napproved means approved by the council by resolution.\nassistance dog means a dog:\n(a) trained or assessed by a training institution recognised by the\nCEO in writing for the purposes of these By-laws; and\n(b) used by a person to alleviate the effects of a diagnosed\ndisability, whether physical, sensory or psychological.\nat large, for Part 3, see by-law 37A.\n\nKatherine Town Council By-laws 1998 2\nattack, for Part 3, see by-law 37A.\nbicycle or tricycle means a 2 or 3 wheeled vehicle designed to be\npropelled by human power, and includes a powered bicycle or\ntricycle.\nboat means a boat or floating vessel or craft of any kind other than\na motor boat.\nbridge includes a ford, causeway, culvert or crossing affording\npassage.\ncommercial waste, for Part 2, Division 1A, see by-law 27A.\ncouncil means the Katherine Town Council.\ndangerous dog, for Part 3, see by-law 37A.\ndetermined means determined by the council by resolution.\ndog means an animal of the genus Canis.\ndog exercise area, for Part 3, see by-law 37A.\ndog restricted area, for Part 3, see by-law 37A.\ndog-tag, for Part 3, see by-law 37A.\ndrug means:\n(a) a dangerous drug as defined in section 3(1) of the Misuse of\nDrugs Act 1990; or\n(b) a prohibited substance as defined in section 12 of the\nMedicines, Poisons and Therapeutic Goods Act 2012; or\n(c) kava as defined in section 3(1) of the Kava Management\nAct 1998.\neffective control, for Part 3, see by-law 37A.\nholder means the holder of an authority, licence, permit, or\ncertificate of registration, as the case may be.\nidentification device, for Part 3, see by-law 37A.\ninfringement notice, for Part 7A, see by-law 173B.\ninfringement notice offence, for Part 7A, see by-law 173A(1).\nlibrary, for Part 6, see by-law 112.\n\nKatherine Town Council By-laws 1998 3\nlibrary manager, for Part 6, see by-law 112.\nlibrary material, for Part 6, see by-law 112.\nlicence means a licence issued under these By-laws, and includes\na renewal of a licence.\nliquor, see section 4(1) of the Liquor Act 2019.\nlitter includes garbage, rubbish, refuse or waste matter, and\nincludes a dead animal and discarded vehicle bodies, machinery,\nimplements, and the like.\nmeeting means a meeting of the council.\nmenace, for Part 3, see by-law 37A.\nmotor boat means a boat or floating vessel or craft of any kind that\nhas a motor to power its principal propulsion system, and includes a\nhovercraft.\nmotor vehicle means any vehicle designed to be self propelled\nand includes a trailer when attached to a motor vehicle, but does\nnot include a motorised wheelchair which is not capable of\ntravelling at a speed greater than 10 km/h or a powered bicycle or\ntricycle.\nmunicipality means the municipality of Katherine.\nofficer, for Part 6, see by-law 112.\nowner:\n(a) for Part 3 – see by-law 37C; or\n(b) in relation to a boat, motor boat or vehicle (other than a motor\nvehicle) – means, in the absence of proof to the contrary, the\nperson for the time being in control of the boat, motor boat or\nvehicle; or\n(c) in relation to a motor vehicle – means the person in whose\nname the vehicle is registered under the Motor Vehicles\nAct 1949 or under another law of the Territory or under a law\nof a State or other Territory of the Commonwealth that\nprovides for the registration of vehicles.\npermit means a permit issued under these By-laws, and includes a\nrenewal of a permit.\n\nKatherine Town Council By-laws 1998 4\npound means a place established under by-law 64 to impound\nanimals.\npremises includes land and/or buildings.\nprescribed amount, for Part 7A, see by-law 173A(2).\nproperly contained, for Part 3, see by-law 37B.\npublic place includes:\n(a) every place to which free access is permitted to the public,\nwith the express or tacit consent of the owner or occupier of\nthe place;\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only;\n(c) every road, street, footway, court, alley, thoroughfare or\ncul-de-sac which the public are allowed to use,\nnotwithstanding that the road, street, footway, court, alley,\nthoroughfare or cul-de-sac may be formed on private property;\nand\n(d) land reserved under a law of the Territory for the use of the\npublic or a member of the public.\nregister means a register established in pursuance of by-law 7.\nregistered borrower, for Part 6, see by-law 112.\nrepealed by-laws, for Part 3, see by-law 37A.\nreserve means land, including its waters, being a public place that\nis vested in, leased to, or under the care, control or management of,\nthe council and capable of being used as a reserve, park, garden,\ncenotaph, monument, recreation ground, walkway, oval or playing\nfield, or for swimming, bathing, boating or other recreation\nassociated with water.\nvehicle means a conveyance or other device designed to be\npropelled or drawn by any means and includes a bicycle or tricycle,\nmotor vehicle, or an animal being driven or ridden, but does not\ninclude a train or a wheelchair that is not capable of travelling at a\nspeed greater than 10 km/h.\nveterinarian, for Part 3, see by-law 37A.\n\nKatherine Town Council By-laws 1998 5\nwaste management facility, for Part 2, Division 1A, see\nby-law 27A.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of By-laws","content":"4 Application of By-laws\nThese By-laws apply to and are in force within the whole of the\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Criminal Code","content":"4A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 4A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Determinations","content":"5 Determinations\n(1) The council may determine the charges, dues, fares, appropriate\nfees and rents in relation to a property, undertaking, service, matter\nor thing.\n(2) A determination under clause (1) may be made for any of the\nfollowing:\n(a) supplying a service, product or commodity;\n(b) granting a licence or permit;\n(c) registering an animal or thing;\n(d) giving information;\n(e) admitting a person to a building or enclosure;\n(f) receiving an application for approval;\n(g) permitting inspection of a register;\n(h) allowing the use of real or personal property of or under its\ncare.\n(3) If the council makes a determination under this by-law, it must\npublish a notice of its making in a newspaper circulating in the\nmunicipality as soon as practicable after the determination is made.\n\nKatherine Town Council By-laws 1998 6\n(4) The council may demand and recover the amount determined\nunder clause (1) if the council has:\n(a) published a notice of the making of the determination under\nclause (3); and\n(b) taken the action for which the amount is determined.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Registers","content":"6 Registers\n(1) The CEO must keep the registers determined by the council.\n(2) A register may be kept in any form, including electronic form.\n(3) The following information must be recorded in an appropriate\nregister:\n(a) all dogs registered by the council;\n(b) all licences granted by the council;\n(c) all registered borrowers;\n(d) all offences against these By-laws:\n(i) of which an owner of a registered dog has been found\nguilty by a court; or\n(ii) in respect of which a owner of a registered dog has paid\nthe prescribed amount under an infringement notice.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Proof of ownership of motor vehicle","content":"8 Proof of ownership of motor vehicle\n(1) In proceedings under these By-laws for an infringement involving a\nmotor vehicle, the owner of the motor vehicle at the time of the\ninfringement is deemed to have committed the infringement.\n(2) Clause (1) does not affect the liability of the person who actually\ncommitted the infringement, unless the owner, but:\n(a) the owner and the offender are not both to be liable to be\nconvicted for the same infringement; and\n(b) where a fine has been imposed on a person by a court in\nrelation to an infringement, another person is not to be\ncharged, and a further penalty is not to be imposed on or\nrecovered from another person, in respect of the same\ninfringement.\n(3) Clause (1) does not apply to the owner if, within 14 days after the\ndate of service of a notice or summons in relation to an\n\nKatherine Town Council By-laws 1998 7\ninfringement, the owner or, if the owner is a body corporate, the\ndirector, manager or secretary, delivers in accordance with the\nnotice or summons a statutory declaration made by the owner or\nperson setting out, where applicable:\n(a) that at the time the alleged infringement occurred, another\nperson was in control of the motor vehicle and giving the\nname and address of that person and any other relevant\ninformation;\n(b) particulars of the sale or disposal of the motor vehicle before\nthe date of the alleged infringement and giving the name and\naddress of the purchaser and, if the sale was made through\nan agent, the name and address of the agent; or\n(c) particulars concerning the theft or unlawful use of the motor\nvehicle that removed it from the control of the owner.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Matters of evidence","content":"9 Matters of evidence\n(1) An extract from or copy of an entry in a register purported to be\nsigned by the CEO is, in all courts and on all occasions, prima facie\nevidence of the signature of the CEO and of the particulars\ncontained in the entry without requiring the production of the\nregister.\n(2) A statement signed by the CEO concerning particulars of entries in\na register including, in relation to an animal, matter or thing:\n(a) whether the name of person was entered in a register in\nrelation to an animal, matter or thing; or\n(b) whether a licence, permit, authority or registration had been\nissued,\nis, in all courts and on all occasions, prima facie evidence of the\nsignature of the CEO and of those particulars without requiring the\nproduction of the register.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Requirements for execution of works","content":"10 Requirements for execution of works\n(1) Where the council requires work to be carried out by the owner or\noccupier of land, the council, an authorised person, or an officer or\nemployee authorised in that behalf may, by written notice served on\nthe owner or occupier, require the owner or occupier at his or her\nown expense to execute the work or to cause it to be executed, and\nto do anything incidental to the work:\n(a) in or of the materials;\n\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"Licences, permits, authorities and registrations","content":"Division 3 Licences, permits, authorities and registrations\nKatherine Town Council By-laws 1998 8\n(b) within the period;\n(c) in the manner; and\n(d) in the area,\nspecified in the notice.\n(2) The council may require that work done in pursuance of a notice\nserved under clause (1) is executed by qualified or licensed\npersons only.\n(3) The council may, when serving a notice under clause (1), indicate\nthat the council will, if requested, carry out the works referred to in\nthe notice at the expense of the person on whom the notice is\nserved.\n(4) Without limiting the generality of the powers conferred on the\ncouncil or other person under clause (1), the power to direct the\nmanner of execution of work includes the power to require the\nperson carrying out the work to pay to the council, or enter into a\nbond for payment to the council of, the amount the council thinks fit\nto provide security against costs that it may incur as a result of the\nexecution of the work.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Where requirements not complied with","content":"11 Where requirements not complied with\n(1) The council may carry out work required by or under the Act or\nthese By-laws to be executed on default by the person required to\nexecute the work.\n(2) Where the council carries out work under clause (1), the cost to the\ncouncil of carrying out the work is a debt due and payable by the\nperson required to execute the work.\nDivision 3 Licences, permits, authorities and registrations\n13 Definition\nIn this Division, licence includes permit, authority and registration.\n14 Applications for licences\n(1) A person may apply to the CEO for the issue of a licence required\nunder these By-laws.\n(2) An application is to be:\n(a) in accordance with the approved form;\n\nKatherine Town Council By-laws 1998 9\n(b) accompanied by the appropriate fee; and\n(c) accompanied by any documents, specifications or particulars\nthat the council may require.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Grant of licence, &c.","content":"15 Grant of licence, &c.\n(1) The council may grant, or refuse to grant, a licence.\n(2) A licence remains in force for:\n(a) the period of 12 months after the date of the grant of the\nlicence;\n(b) a period of more or less than 12 months as endorsed on the\nlicence; or\n(c) an indefinite period terminating on the occurrence of a future\nevent specified on the licence, in these By-laws or in a\ndetermination made under by-law 5.\n(3) Registration of a dog expires on 30 June each year or, if the council\ndetermines, on the anniversary of the first registration of the dog.\n(4) A licence may be subject to the conditions the council thinks fit and\nendorses on the licence, including conditions that may lead to\nimmediate revocation of the licence if they are breached or not\ncomplied with.\n(5) A licence is not transferable.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Activity for which licence required prohibited without licence;","content":"16 Activity for which licence required prohibited without licence;\ncompliance with conditions\n(1) A person must not, without a licence, carry out an activity for which\na licence is required.\n(2) A person must comply with and not contravene the conditions of a\nlicence.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Compliance with notices, &c.","content":"17 Compliance with notices, &c.\nA person must comply with and not contravene a requirement of a\nnotice served under these By-laws on the person by the council.\n\nKatherine Town Council By-laws 1998 10\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Obstruction of officers","content":"18 Obstruction of officers\n(1) It is an offence for a person to obstruct, hinder, disturb or interrupt\nan authorised person or officer or employee of the council, or a\ncontractor or sub-contractor to the council or employee of the\ncontractor or sub-contractor, in the proper execution of his or her\nwork or duty.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Power of arrest or removal","content":"19 Power of arrest or removal\nAn officer or employee, authorised person or person appointed by\nthe council for the purpose or, without derogating from their general\npower, members of the Police Force, may arrest or remove persons\noffending against these By-laws.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"General penalty","content":"20 General penalty\nA person who contravenes, or fails to comply with, a provision of\nthese By-laws for which no penalty is provided other than by this\nby-law commits an offence and is liable to a maximum penalty of\n50 penalty units.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Continuing offence","content":"21 Continuing offence\nA court that finds a person guilty of an offence against these\nBy-laws may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 1 penalty unit for each day during\nwhich the offence continues after the day the offence is first\ncommitted.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Definition","content":"22 Definition\nregular garbage collection service includes providing an\napproved receptacle, a regular collection of garbage and the\ndisposal of garbage.\n\nKatherine Town Council By-laws 1998 11\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Collection of garbage by council","content":"23 Collection of garbage by council\n(1) The council's regular garbage collection service is to be as\ndescribed, and conducted as specified, in a notice published from\ntime to time in a newspaper generally circulating in the municipality.\n(2) The occupier of premises to which the notice applies is to comply\nwith the notice.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Alternate regular garbage collection service","content":"24 Alternate regular garbage collection service\nIf the council does not provide or cause to be provided a regular\ngarbage collection service for particular premises, the occupier of\nthe premises must provide or cause to be provided an approved\nalternative regular garbage collection service for the premises.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Provision and maintenance of garbage receptacles","content":"25 Provision and maintenance of garbage receptacles\n(1) An approved garbage receptacle is to be:\n(a) of an approved type and capacity;\n(b) fitted with handles and a close fitting lid or close fitting lids;\n(c) made of material impervious to moisture and to vermin; and\n(d) if required by the council, marked with the name of the\noccupier and the lot number or address of the premises where\nthe receptacle is kept.\n(2) An occupier of premises must, in relation to an approved garbage\nreceptacle used in connection with the premises:\n(a) maintain the receptacle in good condition;\n(b) not permit the receptacle to attract or to harbour or breed flies,\ninsects or vermin, to become unsightly or to cause an\noffensive odour;\n(c) not permit the receptacle to become or to cause a danger to\npublic health or to interfere with or to affect the comfort of\npersons occupying or passing through or along neighbouring\npremises;\n(d) ensure that the receptacle's lid is kept closed except when it is\nremoved for the purpose of putting garbage in or removing it\nfrom the receptacle or for cleaning;\n\nKatherine Town Council By-laws 1998 12\n(e) ensure that household garbage produced on the premises is\nput into the receptacle until it is collected or otherwise lawfully\ndisposed of;\n(f) cause wet garbage to be effectively wrapped before being\nplaced in the receptacle;\n(g) cause the receptacle and other approved receptacles on the\npremises containing garbage to be placed for collection on the\nday, at the time and in the manner notified and at a collection\npoint specified by the council to enable the person collecting\nthe garbage to have access to the contents of the receptacles;\n(h) cause the receptacle to be returned inside the premises or to\nits allocated area as soon as practicable, but not later than\n24 hours, after the contents have been collected by the\ngarbage collector;\n(j) cause the receptacle to be cleansed thoroughly as required\nbut not less than once in every 4 weeks;\n(k) not remove the receptacle from the premises except to place it\nready for emptying by the garbage collector;\n(m) not use the receptacle otherwise than to contain household\ngarbage generated through normal domestic activity;\n(n) notwithstanding paragraph (m), not place in the receptacle\nexcess quantities of heavy material such as earth, concrete or\nbrick, or waste liquids, chemicals, paint or hazardous\nsubstances; and\n(p) keep the receptacle on the premises or an allocated area\nrelated to the premises.\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Interference with garbage receptacles","content":"26 Interference with garbage receptacles\n(1) A person commits an offence if the person interferes with a garbage\nreceptacle.\n(1A) Clause (1) does not apply if the person is an occupier of a premises\nfor which a garbage receptacle is provided or an exempt person.\n(1B) An offence against clause (1) is an offence of strict liability.\n\nKatherine Town Council By-laws 1998 13\n(1C) It is a defence to a prosecution for an offence against clause (1) if\nNote for clause (1C)\n(2) A person who damages or causes a garbage receptacle to be\ndamaged commits an offence and is liable to the council for the\ncosts of the repair to or replacement of the receptacle.\n(3) In this by-law:\nexempt person means:\n(a) an officer, employee or agent of the council acting within the\nscope of the officer's, employee's or agent's duties; or\n(b) a contractor in the due performance of a contract for garbage\ncollection between the contractor and the council, or an\nofficer, employee or agent of the contractor.\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Garbage receptacles to be returned to location","content":"27 Garbage receptacles to be returned to location\nA person engaged in the collection of garbage on behalf of the\ncouncil is, after collecting the contents of a garbage receptacle, to\nreturn the receptacle and its lid to the collection point in relation to\nthe receptacle.\n","sortOrder":24},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Commercial waste and waste management","content":"Division 1A Commercial waste and waste management\nfacilities\n","sortOrder":25},{"sectionNumber":"27A","sectionType":"section","heading":"Definitions","content":"27A Definitions\ncommercial waste means waste produced in the course of trade\nor commerce.\nwaste management facility means a waste management facility\non land owned by or vested in the council or operated or controlled\nby the council.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Council may establish waste management facilities","content":"28 Council may establish waste management facilities\n(1) The council may establish waste management facilities for the\ndeposit of garbage on land owned by, vested in or under the control\nof the council.\n(2) The council may make arrangements and enter into contracts with\n\nKatherine Town Council By-laws 1998 14\nthe owner or occupier of private land to establish a waste\nmanagement facilities for the deposit of garbage on that land.\n(3) Where a waste management facilities has been established under\nclause (1) or (2), the council must cause a notice to be published in\na newspaper generally circulating in the municipality and the notice\nis, in addition to the fact of the establishment of the waste\nmanagement facilities, to specify:\n(a) its location;\n(b) the hours during which and the days on which the waste\nmanagement facilities is open for the deposit of garbage;\n(c) the conditions on which various classes of garbage may be\ndeposited on the waste management facilities; and\n(d) any other conditions the council thinks fit.\n(4) The council may:\n(a) require a person to apply for and obtain a licence for the use\nof a waste management facilities; and\n(b) charge a fee for dumping garbage on a waste management\nfacilities.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Commercial waste","content":"29 Commercial waste\nor abandons commercial waste other than at a waste management\nfacility.\n","sortOrder":28},{"sectionNumber":"29A","sectionType":"section","heading":"Waste management facility offences","content":"29A Waste management facility offences\nor abandons litter at a waste management facility other than on the\ndays and during the hours specified by the council.\n(2) A person commits an offence if the person deposits commercial\n\nKatherine Town Council By-laws 1998 15\nwaste at a waste management facility other than on the days and\nduring the hours specified by the council.\n(3) A person commits an offence if the person enters a waste\nmanagement facility other than in accordance with the facility's\nrules approved by the council.\n(4) A person commits an offence if the person fails to comply with any\ndirection given by an officer, employee or agent of the council at a\nwaste management facility relating to the place at which or manner\nin which commercial waste is to be deposited.\n(5) A person commits an offence if the person fails to permit an\nauthorised person at a waste management facility to inspect a load\nof waste that the person is proposing to deposit at the facility.\nMaximum penalty: 25 penalty units.\n(6) An offence against clauses (1) to (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against clauses (1)\nto (5) if the defendant has a reasonable excuse.\nNote for clause (7)\n","sortOrder":29},{"sectionNumber":"29B","sectionType":"section","heading":"Removal of litter or commercial waste","content":"29B Removal of litter or commercial waste\n(1) An authorised person may, by written notice, direct a person\nresponsible for litter or commercial waste in a public place or on\nvacant land to remove the litter or commercial waste within the\nperiod stated in the notice.\n(2) The authorised person must determine the period under clause (1)\nby taking into account the nature, quantity and location of the litter\nor commercial waste.\n(3) If the litter or commercial waste to be removed under clause (1)\nconstitutes a threat or risk to public safety, the authorised person\nmay specify in the notice that the litter or commercial waste must be\nremoved immediately.\n(4) If a person does not comply with a direction under clause (1) by the\nend of the stated period, an authorised person, with any assistance\nrequired, may carry out, or cause to be carried out, the work\nrequired to render the place clean and free from litter or commercial\nwaste.\n\nKatherine Town Council By-laws 1998 16\n(5) The costs and expenses reasonably incurred by the council in\ncarrying out, or causing to be carried out, any work under clause (4)\nare a debt due and payable to the council by the person to whom\nthe notice was issued.\n(6) A person commits an offence if the person fails to comply with a\nnotice under clause (1).\n(7) An offence under clause (6) is an offence of strict liability.\n(8) It is a defence to a prosecution for an offence against clause (6) if\nNote for clause (8)\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Littering on private land","content":"30 Littering on private land\n(1) A owner or occupier of land commits an offence if the owner or\noccupier leaves, throws, deposits or abandons litter in, onto or from\nthe land.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Land to be cleared","content":"31 Land to be cleared\n(1) Where, in the opinion of the council, there is on land:\n(a) plants, grass or weeds:\n(i) that are, or are likely to become, injurious, flammable or\nnoxious; or\n(ii) that have become unkempt; or\n(b) litter (including unsightly car bodies, machinery or other\nchattels),\n\nKatherine Town Council By-laws 1998 17\nthe council may cause a notice under by-law 10 to be served on:\n(c) the occupier of the land; or\n(d) where the council is unable to ascertain the identity of the\noccupier, the owner of the land,\nrequiring the land to be cleared or tidied, litter to be placed in a\nvermin-proof receptacle of a kind specified or any other action set\nout in the notice to be taken.\n(2) The period within which the work must be carried out under\nclause (1) is to be specified in the notice, being a period of not less\nthan 2 days and not more than 21 days after the date of service of\nthe notice.\n","sortOrder":32},{"sectionNumber":"31A","sectionType":"section","heading":"Littering on public or vacant land","content":"31A Littering on public or vacant land\nor abandons litter in, onto or from a public place or vacant land\nother than into a garbage receptacle provided for that purpose or a\nwaste management facility.\n","sortOrder":33},{"sectionNumber":"31B","sectionType":"section","heading":"Littering causing injury or endangering health","content":"31B Littering causing injury or endangering health\nor abandons litter in, onto or from a public place or vacant land and\nthe litter is likely to cause injury to, or endanger the health of, a\nperson using the public place or vacant land.\nMaximum penalty: 25 penalty units.\n(2) It is a defence to a prosecution for an offence against clause (1) if\nNote for clause (2)\n\nKatherine Town Council By-laws 1998 18\n(3) A person who is prosecuted, or served an infringement notice, for\nan offence against clause (1) is not liable to be prosecuted, or\nserved an infringement notice, for an offence against by-law 31A in\nrespect of the same litter.\nDivision 3 Fires and throwing stones\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Burning offensive materials","content":"32 Burning offensive materials\nA person must not burn or heat any material, thing or substance\nthat gives off an odour that is offensive to a person on adjacent land\nor a public place.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Lighting fires","content":"33 Lighting fires\n(1) A person who lights or causes to be lit or keeps burning a fire in the\nopen air, other than in an approved incinerator or fireplace, or in a\nbarbecue, commits an offence.\n(2) A person who, without a permit, lights or maintains a fire in a public\nplace other than in a designated fire place commits an offence.\n(3) An offence against clause (1) or (2) is an offence of strict liability.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Throwing stones","content":"37 Throwing stones\n(1) A person who, into, from or in a public place:\n(a) throws or discharges a stone or other object; or\n(b) uses a catapult,\nthereby causing damage to a building or property, or where there is\na possibility of hitting or frightening a person, commits an offence.\n","sortOrder":37},{"sectionNumber":"37A","sectionType":"section","heading":"Definitions","content":"37A Definitions\nIn this Part:\nabandon, in relation to a dog, includes:\n\nKatherine Town Council By-laws 1998 19\n(a) deliberately leaving the dog at premises or in a public place\nwithout an intention to return to collect the dog or provide care\nfor it; or\n(b) failing to obtain the release of the dog from a pound.\nat large, in relation to an animal, means the animal is:\n(a) outside the premises where it is kept; and\n(b) not under effective control.\nattack, in relation to a dog, means any of the behaviour of the dog\nspecified in by-law 52(1) or 53(1).\ndangerous dog means a dog declared to be dangerous under\nby-law 56.\ndog exercise area means an area declared by the council under\nby-law 46H to be a dog exercise area.\ndog restricted area means an area declared by the council under\nby-law 46J to be a dog restricted area.\ndog-tag means a tag issued for a dog under by-law 46A.\neffective control, in relation to a dog, see by-law 46G(2) and (3).\nidentification device means a tag or microchip that complies with\nby-law 46A.\nmenace, see by-law 51(2).\nowner, see by-law 37C.\nproperly contained, see by-law 37B.\nrepealed by-laws means the Katherine (Control of Dogs)\nBy-laws 1992 as repealed by these By-laws.\nveterinarian means a registered veterinarian as defined in\nsection 3(1) of the Veterinarians Act 1994.\n","sortOrder":38},{"sectionNumber":"37B","sectionType":"section","heading":"Meaning of properly contained","content":"37B Meaning of properly contained\nFor this Part, a dog is taken to be properly contained on premises\nif the dog is, under humane conditions appropriate for the dog:\n(a) kept inside a building, a fenced yard, an enclosed run or\nanother structure on the premises from which the animal is\nunable to escape; or\n\nKatherine Town Council By-laws 1998 20\n(b) leashed or restrained and unable to escape the premises.\nNote for by-law 37B\nHumane conditions means having sufficient space, access to water and food and\naccess to enrichment items to allow the animal to exhibit behaviours normal for\nthe dog.\n","sortOrder":39},{"sectionNumber":"37C","sectionType":"section","heading":"Meaning of owner","content":"37C Meaning of owner\n(1) In relation to a dog, owner means any of the following:\n(a) for a registered dog – the person who is registered as the\nowner of the dog;\n(b) the person for the time being in control or possession of the\ndog;\n(c) the occupier of the premises, or a part of the premises, where\nthe dog is kept.\nExamples for definition owner\nA person walking a dog or looking after a dog for a friend who is on holidays.\n(2) If an owner under clause (1) is a person under 18 years of age, the\nowner is taken to be any parent or guardian of that person.\n(3) For Division 2, and in the absence of evidence to the contrary, the\noccupier of land where an animal or a dead animal is found is taken\nto be the owner of the animal.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Purpose of Part","content":"38 Purpose of Part\nThe purpose of this Part is to provide for the keeping of animals\nwithin the municipality in a manner compatible with the enjoyment\nby residents of a congenial living environment.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Diseased and injured animals and animals at large","content":"39 Diseased and injured animals and animals at large\nThe council may, by notice in writing, require the owner of:\n(a) a diseased, injured, savage or destructive animal whether it is\non private land or in a public place; or\n(b) an animal at large in a public place that, if left at large, is likely\nto be a danger to the safety of the public,\nimmediately to remove or otherwise dispose of the animal, and\nwhere it is reasonable to do so, require the destruction of the\nanimal.\n\nKatherine Town Council By-laws 1998 21\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Removal of dead or diseased animals","content":"40 Removal of dead or diseased animals\n(1) The council may, without notice to the owner, cause the carcass of\na dead animal that is found in a public place to be removed or\ndestroyed and disposed of.\n(2) The council may, without notice to the owner of a diseased or\ninjured animal, or of an animal at large in a public place that is likely\nto be a danger to the safety of the public, cause the animal to be\nremoved or destroyed and disposed of.\n(3) Where the council incurs expense in removing, destroying or\ndisposing of an animal or a dead animal, the council may recover\nthe expense from the owner of the animal as a debt due and\npayable to the council.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Special considerations in determination of application for","content":"45 Special considerations in determination of application for\nregistration\n(1AA) The owner of a dog that is kept in the municipality must register the\ndog with the council, unless the dog is an assistance dog.\n(1) The council must, not later than 14 days after receiving an\napplication for the registration of a dog:\n(a) register or renew the registration of the dog, either\nconditionally or unconditionally; or\n(b) refuse to register or renew the registration of the dog and\nrefund to the applicant the fee accompanying the application.\n(2) The council may refuse to register or renew the registration of a dog\nif:\n(a) within the period of 12 months before the date of the\napplication, the owner of the dog has been convicted of more\nthan 2 offences against this Division or the repealed by-laws;\n(b) within the period of 12 months before the date of the\napplication, the dog has been impounded under this Division\nor the repealed by-laws on more than 2 occasions;\n(c) the council is satisfied that the dog is destructive, dangerous,\nvicious or consistently the cause of nuisance to members of\nthe public;\n\nKatherine Town Council By-laws 1998 22\n(d) the premises on which the dog is usually kept are not fenced\nin the manner determined by the council; or\n(e) the dog is a dangerous dog and, within the period of\n12 months before the date of the application, the owner of the\ndog has contravened by-law 57 more than once.\n(3) The council must refuse to register or renew the registration of a\ndog if:\n(a) in keeping the dog on the premises on which the dog is\nusually kept, the applicant would be in breach of by-law 46L;\nor\n(b) the dog is usually kept on premises within a dog restriction\narea.\n(4) If the council refuses to register or renew the registration of a dog,\nor imposes conditions on the registration or renewal of the\nregistration of a dog, the council must serve on the applicant a\nstatement in writing of the reasons for its decision.\n(5) For the purposes of clause (2)(a), a conviction for an offence\nincludes the payment of an amount under an infringement notice\nissued under these By-laws or the repealed By-laws.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Offence of unregistered dog","content":"46 Offence of unregistered dog\n(1) A person commits an offence if the person keeps an unregistered\ndog that is at least 3 months old in the municipality for a period of\n3 months or longer.\n(3) The following persons are exempt from clause (1):\n(a) a council employee or contractor keeping a dog in a pound;\n(b) an approved incorporated body that provides services relating\nto animal welfare keeping a dog in a refuge maintained by it;\n(c) a veterinarian who keeps a dog for treatment;\n(d) a person that keeps a dog in an area or areas which the\ncouncil may, by resolution, determine to be exempt from the\nrequirements of clause (1);\n(e) a person who keeps an assistance dog.\n\nKatherine Town Council By-laws 1998 23\n(4) The council must, not less than 21 days before making a\ndetermination under clause (3)(d), publish a notice of the proposed\nexempt area in a newspaper circulating in the municipality.\n","sortOrder":45},{"sectionNumber":"46A","sectionType":"section","heading":"Identification device","content":"46A Identification device\n(1) A registered dog must wear a dog-tag issued by the council, or\napproved by an authorised person, when outside the premises\nwhere the dog is kept.\n(2) If required by the council, a dog must be implanted with a microchip\nin addition to wearing a tag.\n(3) An implanted microchip must:\n(a) meet the specifications determined by the council; and\n(b) be designed to store information in a way that can be retrieved\nelectronically without physical contact.\n(4) The owner of a registered dog must ensure that the dog:\n(a) wears the tag issued for the dog when outside the premises\nwhere the dog is kept; and\n(b) is implanted with a microchip if required under clause (2).\n","sortOrder":46},{"sectionNumber":"46B","sectionType":"section","heading":"Offences related to identification device","content":"46B Offences related to identification device\n(1) The owner of a registered dog must not:\n(a) allow the dog to be outside the premises where the dog is kept\nwithout wearing the tag issued for the dog; or\n(b) remove from the dog any microchip implanted under\nby-law 46A.\n","sortOrder":47},{"sectionNumber":"46C","sectionType":"section","heading":"Identification device fitted to incorrect dog","content":"46C Identification device fitted to incorrect dog\n(1) A person must not fit an identification device on a dog that is not the\ndog for which the device was issued.\n(2) A person commits an offence if the person contravenes clause (1).\n\nKatherine Town Council By-laws 1998 24\n(4) It is a defence to a prosecution for an offence against clause (2) if\n","sortOrder":48},{"sectionNumber":"46D","sectionType":"section","heading":"Offence for contravention of condition of registration","content":"46D Offence for contravention of condition of registration\n(1) The owner of a registered dog must comply with any conditions on\nthe registration determined by the council.\n(a) the person is the owner of a registered dog; and\n(b) the registration of the dog is subject to a condition; and\n(c) the owner fails to comply with the condition.\n","sortOrder":49},{"sectionNumber":"46E","sectionType":"section","heading":"Notice of change in address or owner","content":"46E Notice of change in address or owner\n(1) The owner of a registered dog must notify the council of the\nfollowing events:\n(a) a change in the owner's address;\n(b) a transfer of the dog to a new owner.\n(2) The notice must be given in the approved form within 14 days after\nthe day the event occurred and include the following:\n(a) the particulars of the dog;\n(b) the contact details of the owner;\n(c) in the case of a transfer of the dog to a new owner – the\ncontact details of both the new and former owners.\n(a) is the owner of a registered dog; and\n(b) fails to comply with clause (1) or (2).\n\nKatherine Town Council By-laws 1998 25\n","sortOrder":50},{"sectionNumber":"46F","sectionType":"section","heading":"Proper containment of dogs","content":"46F Proper containment of dogs\n(1) The owner of a dog must properly contain the dog when the dog is\non the premises where the dog is kept.\n(a) the person is the owner of a dog; and\n(b) the dog is not properly contained when the dog is on the\npremises where the dog is kept.\n(4) To avoid doubt, the following matters are not relevant to an offence\nagainst clause (2):\n(a) the time during which the dog was not properly contained;\n(b) the ability of the owner to properly contain the dog.\n","sortOrder":51},{"sectionNumber":"46G","sectionType":"section","heading":"Keeping dogs under effective control","content":"46G Keeping dogs under effective control\n(1) The owner of a dog must ensure that the dog is under effective\ncontrol when outside the premises where the dog is kept.\n(2) For this Part, a dog is taken to be under effective control if the dog\nis:\n(a) restrained by a leash or similar device that:\n(i) is no longer than 2 m; and\n(ii) is held by a person who is over the age of 12 years and\ncompetent to restrain the dog; or\n(b) safely enclosed in a vehicle, or in or on the back of a flat-\ntopped, tray-backed or well-bodied vehicle, in such a manner\nthat no part of the dog is projecting from the vehicle; or\n(c) otherwise leashed or restrained and unable to run free.\n(3) For this Part, a dog in a dog exercise area is taken to be under\neffective control if:\n(a) the dog is complying with the conditions specified for the area;\nand\n(b) the dog is immediately responsive to a voice command of its\nowner; and\n\nKatherine Town Council By-laws 1998 26\n(c) the dog is not a female dog in oestrus; and\n(d) the owner is carrying a leash or similar device in accordance\nwith clause (2)(a).\n(4) A person commits an offence if:\n(a) the person is the owner of a dog; and\n(b) the dog is not under effective control when outside the\npremises where the dog is kept.\n","sortOrder":52},{"sectionNumber":"46H","sectionType":"section","heading":"Dog exercise areas","content":"46H Dog exercise areas\n(1) The council may declare an area to be a dog exercise area.\n(2) If the council intends to declare an area to be a dog exercise area,\nthe council must:\n(a) publish notice of the proposed area at least 28 days in\nadvance; and\n(b) consider any responses to the notice from residents of the\n(3) The council must publish the location and conditions for using any\ndog exercise area or class of dog exercise area it declares.\nExamples for clause (3)\n1 The times to exercise dogs in the area.\n2 When female dogs in oestrus are allowed in the area.\n(4) The owner of a dog using a dog exercise area must comply with the\nconditions for the area.\n(5) The owner of a dangerous dog must ensure the dog does not enter\na dog exercise area.\n","sortOrder":53},{"sectionNumber":"46J","sectionType":"section","heading":"Dog restricted areas","content":"46J Dog restricted areas\n(1) The council may declare an area to be a dog restricted area.\n(2) If the council intends to declare an area to be a dog restricted area,\nthe council must:\n(a) publish notice of the proposed area at least 28 days in\n\nKatherine Town Council By-laws 1998 27\nadvance; and\n(b) consider any responses to the notice from residents of the\n(3) The council must publish the location and restrictions on dogs in\nany dog restricted area it declares.\nExamples for clause (3)\n1 Prohibiting taking a dog into a market or festival.\n2 Restricting classes or numbers of dogs in an area.\n(4) An assistance dog is exempt from this by-law.\n(5) The owner of a dog must comply with the conditions for the dog\nrestricted area.\n(6) The owner of a dangerous dog must ensure the dog does not enter\na dog restricted area.\n","sortOrder":54},{"sectionNumber":"46K","sectionType":"section","heading":"Offences related to dog exercise areas or dog restricted areas","content":"46K Offences related to dog exercise areas or dog restricted areas\n(1) A person commits an offence if the person:\n(a) owns a dog; and\n(b) fails to comply with the conditions for a dog exercise area.\n(2) A person commits an offence if the person:\n(a) owns a dog; and\n(b) fails to comply with the conditions for a dog restricted area.\n(a) owns a dangerous dog; and\n(b) fails to ensure the dog does not enter a dog exercise area.\n(4) A person commits an offence if the person:\n(a) owns a dangerous dog; and\n(b) fails to ensure the dog does not enter a dog restricted area.\n(5) An offence against clauses (1) to (4) is an offence of strict liability.\n\nKatherine Town Council By-laws 1998 28\n","sortOrder":55},{"sectionNumber":"46L","sectionType":"section","heading":"Requirement for licence","content":"46L Requirement for licence\n(1) The council may determine a maximum number of dogs, or dogs of\na class of dog, that may be kept on premises without a licence.\n(2) An occupier of premises commits an offence if the occupier keeps\ndogs on the premises in contravention of a determination under\nclause (1).\n(4) It is a defence to a prosecution for an offence against clause (2) if:\n(a) the defendant has a reasonable excuse; or\n(b) the defendant establishes that the dogs, or the dogs of the\nclass of dog, had not been usually kept on the premises:\n(i) for a period of 3 months or more immediately before the\ndate of the alleged offence; or\n(ii) for periods totalling 3 months or more during the 6 month\nperiod immediately before the date of the alleged\noffence.\n(5) An assistance dog is exempt from this by-law.\n","sortOrder":56},{"sectionNumber":"47","sectionType":"section","heading":"Licensing premises","content":"47 Licensing premises\n(1) The council must, not later than 28 days after receiving an\napplication for the licensing of premises in relation to the keeping of\ndogs:\n(a) licence or renew the licence of the premises, either\nconditionally or unconditionally; or\n(b) refuse to licence or renew the licence of the premises and\nrefund to the applicant the fee accompanying the application.\n(2) The council may take into account, in considering an application\nunder clause (1), a matter that is, in its opinion, relevant and in\nparticular may take into account:\n(aa) the area of the municipality in which the premises are located\nand any determination made by Council as to the suitability of\n\n","sortOrder":57},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Cancellation, variation, &c., of registration and licences","content":"Subdivision 3 Cancellation, variation, &c., of registration and licences\nKatherine Town Council By-laws 1998 29\nthe area and the premises within that area for keeping more\nthan a specified number of dogs;\n(a) the facilities for controlling dogs at the premises specified in\nthe application;\n(b) the number of dogs kept or to be kept at the premises; and\n(c) the likely impact, if the licence is granted or renewed, on the\nresidents in the locality where the premises are situated.\n(3) Where the council determines the manner in which premises are to\nbe fenced, the council is not to grant or renew a licence for\npremises if the premises are not fenced in accordance with the\ndetermination.\n(4) Where an application is for the renewal of a licence and, to the\ncouncil's knowledge:\n(a) no matters have arisen that, if taken into account at the time\nthe licence was granted would have caused the council to\nrefuse to grant the licence or to grant the licence subject to\nconditions other than those specified in the licence; or\n(b) the council has not, since the grant of the licence, made a\ndetermination under by-law 53 that affects the premises,\nthe council may renew the licence without considering the\napplication in the manner specified in clauses (2) and (3).\n(5) If the council refuses to grant or renew a licence, grants a licence\nsubject to conditions or renews a licence subject to conditions not\nimposed on the original licence, the council is to serve on the\napplicant a statement in writing of the reasons for its decision.\nSubdivision 3 Cancellation, variation, &c., of registration and\nlicences\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Cancellation, variation, &c., of registration or licence by","content":"48 Cancellation, variation, &c., of registration or licence by\nrequest\nThe council may, on the written application of the registered owner\nof a dog or the holder of a licence, by notice in writing served on the\nregistered owner or holder:\n(a) cancel the registration of the dog or the licence;\n(b) vary the conditions to which the registration of the dog or the\nlicence is subject; or\n\nKatherine Town Council By-laws 1998 30\n(c) in the case of a licence, suspend the licence for the period, as\nrequested.\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Cancellation, variation, &c., of registration or licence otherwise","content":"49 Cancellation, variation, &c., of registration or licence otherwise\nthan by request\n(1) The council may, by notice served on the registered owner of a dog\nor the holder of a licence, require the registered owner or holder to\nshow cause why the council should not:\n(a) cancel the registration of the dog or the licence;\n(b) vary, in the manner specified in the notice, the conditions to\nwhich the registration or the licence is subject; or\n(c) suspend the licence for the period specified in the notice.\n(2) The council may, not less than 14 days after the date of service of a\nnotice under clause (1), by another notice in writing served on the\nregistered owner or the holder of the licence on whom the first-\nmentioned notice was served:\n(a) cancel the registration of the dog or cancel the licence;\n(b) vary, in the manner specified in the notice, the conditions to\nwhich the registration of the dog or the licence is subject; or\n(c) suspend the licence for the period specified in the notice,\nbeing a period not longer than the period specified in the first-\nmentioned notice.\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Operation of notice of cancellation, &c.","content":"50 Operation of notice of cancellation, &c.\nA notice served by the council under by-law 48 or 49(2) takes effect\nat the expiration of 14 days after the service of the notice.\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Dog menaces","content":"51 Dog menaces\n(1) An owner of a dog must ensure that it does not menace a person or\nanother animal.\n(2) For this Part, a dog is taken to menace a person or animal if it\nchases, harasses, rushes at or threatens to bite the person or\nanimal in a manner that causes a reasonable apprehension of fear\nin the person or animal.\n\nKatherine Town Council By-laws 1998 31\n(3) The owner of a dog commits an offence if the owner fails to comply\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Dog attacks","content":"52 Dog attacks\n(1) The owner of a dog must ensure that it does not behave\naggressively resulting in:\n(a) physical contact with a person or another animal; or\n(b) damage to anything worn by the person or the animal.\n(2) The owner of a dog commits an offence if the owner fails to comply\nMaximum penalty: 60 penalty units.\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Serious dog attack","content":"53 Serious dog attack\n(1) The owner of a dog must ensure that it does not:\n(a) bite a person or another animal causing a puncture or break to\nthe skin; or\n(b) assault a person or another animal resulting in bleeding, bone\nbreakage, sprains, scratches or bruising.\n(2) The owner of a dog commits an offence if the owner fails to comply\nMaximum penalty: 80 penalty units or, for an aggravated\noffence, 100 penalty units.\n(4) The maximum penalty specified in clause (2) for an aggravated\noffence applies to the offence if the bite or assault causes or results\nin substantial injury to, or death of, the person or the other animal.\nExamples of substantial injury\n1 Multiple and deep punctures from a single bite.\n2 An injury requiring hospital or veterinary treatment.\n3 Infection or deep bruising around the wound or wounds from the dog shaking\nits head from side to side.\n\nKatherine Town Council By-laws 1998 32\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Defences","content":"54 Defences\n(1) It is a defence to a prosecution for an offence against by-law 51\nor 52 if:\n(a) another person had, without the defendant's permission,\ncaused the dog to menace or attack the person or another\nanimal; or\n(b) in the case of another animal being menaced or attacked – the\nother animal was on premises owned or occupied by the\ndefendant without consent; or\n(c) in the case of a person being menaced or attacked – the\nperson was on premises owned or occupied by the defendant\nwithout consent.\n(2) If a court finds a person guilty of an offence against by-law 51 or 52,\nthe court may make one or both of the following orders in addition\nto, or instead of, the penalty for the offence:\n(a) if the dog is impounded as a result of the offence – an order\nthat the person pay the costs and expenses of, and incidental\nto, the impounding;\n(b) an order that the dog be destroyed.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Enticement or incitement","content":"55 Enticement or incitement\n(1) A person must not entice or incite a dog to:\n(a) menace a person or animal; or\n(b) engage in behaviour that is prohibited by by-law 71C; or\n(c) attack a person or animal.\nExample for clause (1)\nA person must not cause a neighbour's dog to start barking excessively in order\nto make a complaint about the neighbour's dog.\n(a) the person intentionally engages in conduct; and\n\nKatherine Town Council By-laws 1998 33\n(b) the conduct causes a dog to:\n(i) menace a person or animal; or\n(ii) engage in behaviour that is prohibited by by-law 71C; or\n(iii) attack a person or animal; and\n(c) the person is reckless in relation to that result.\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Dangerous dog","content":"56 Dangerous dog\n(1) An authorised person may, by written notice, declare a dog to be a\ndangerous dog if:\n(a) the dog menaces or attacks a person or an animal; or\n(b) the authorised person believes on reasonable grounds that\nthe dog is destructive, dangerous, savage or a threat to the\nsafety of the community.\n(2) The authorised person must give written notice of the declaration to\nthe owner of the dog.\n(3) The written notice of the declaration must be in the approved form\nand include the following information:\n(a) the day the declaration takes effect;\n(b) the reasons for the declaration;\n(c) the identity of the dog and the owner of the dog.\n(4) The council must keep a record of the information in clause (3).\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Duties of owner of dangerous dog","content":"57 Duties of owner of dangerous dog\n(1) This by-law applies to the owner of a dog that is declared to be a\ndangerous dog.\n(2) The owner must, within 14 days after the day the declaration takes\neffect:\n(a) desex the dangerous dog, unless it is already desexed, at the\nowner's expense; and\n(b) provide, to an authorised person, evidence from a veterinarian\nthat the dog is desexed; and\n(c) undergo behavioural or other training with the dog, as\nspecified by the CEO, at the owner's expense.\n\nKatherine Town Council By-laws 1998 34\n(3) The owner must ensure that the containment required under\nby-law 46F(1) is appropriate to the danger posed by the dangerous\ndog.\nExample for clause (3)\nInstalling higher and stronger fencing for a large dangerous dog.\n(4) The owner must post signage on the premises where the\ndangerous dog is kept, with the words \"Warning Dangerous Dog\"\nclearly visible and legible from the front boundary of the premises.\n(5) When the dangerous dog is outside the premises where it is kept,\nthe owner must ensure that:\n(a) the dog is kept under the effective control of a person who is\nat least 18 years of age and competent to restrain the dog;\nand\n(b) the dog is muzzled and controlled by a suitable leash; and\n(c) the dog does not enter a dog exercise area.\n(6) If the owner intends to keep the dangerous dog for more than\n14 days at a place other than the premises where it is usually kept,\nthe owner must notify the council of the address of the place within\n24 hours after the dog is relocated.\n(7) The owner must notify the council of any attack, or alleged attack,\nby the dangerous dog of a person or animal within 24 hours of the\nearlier of the following:\n(a) the time of the attack or alleged attack;\n(b) the time the owner becomes aware of the attack or alleged\nattack.\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Notice about loss or transfer of dangerous dog","content":"58 Notice about loss or transfer of dangerous dog\n(1) The owner of a dangerous dog must notify the council if the dog is\nmissing or dies.\n(2) The notice must be given:\n(a) within 24 hours after the owner becomes aware the dog is\nmissing; or\n(b) within 14 days after the day of its death.\n\nKatherine Town Council By-laws 1998 35\n(3) If the owner of a dangerous dog intends to transfer ownership of the\ndangerous dog, the owner must inform the prospective owner that\nthe dog is dangerous.\n(4) In the case of the transfer of a dangerous dog, the notice to the\ncouncil under by-law 46E must be given within 24 hours after the\ntransfer.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Offences related to dangerous dog","content":"59 Offences related to dangerous dog\n(1) A person commits an offence if the person:\n(a) is the owner of a dog that is declared to be a dangerous dog;\nand\n(b) fails to comply with by-law 57 or 58.\nMaximum penalty: 100 penalty units.\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Remedial action for dangerous dog","content":"60 Remedial action for dangerous dog\n(1) If the owner of a dangerous dog fails to comply with the duties of an\nowner under by-law 57 more than once in a 12-month period, the\nCEO may require the owner to take either or both of the following\nactions:\n(a) undergo further specified behavioural or other training with the\ndog at the owner's expense;\n(b) surrender the dog to the pound.\n(2) If the CEO intends to take action under clause (1), the CEO must\ngive the owner of the dangerous dog a notice that:\n(a) states what action the CEO is proposing under that clause;\nand\n(b) states the grounds for taking that action; and\n(c) invites the owner to show cause, within 14 days, why the\naction should not be taken.\n(3) After considering any response received within 14 days after the\nday of the notice, the CEO must decide whether to take action\nunder clause (1).\n(4) As soon as practicable after making a decision under clause (3),\nthe CEO must give a decision notice to the owner of the dangerous\ndog.\n\nKatherine Town Council By-laws 1998 36\nDivision 3 Controls relating to other animals\n61 Application of Division\nThis Division applies to animals other than dogs.\n62 Licence required to keep specified animals\n(1) An occupier of premises within the municipality must not, unless the\npremises is licensed, keep at the premises:\n(a) more than the number of a specified animal as determined by\nthe council; or\n(b) more than the number of animals of a specified class or\nclasses as determined by the council.\n(2) By-law 47 applies to an application for the licensing of premises to\nkeep a specified animal as if a reference in that by-law to:\n(a) a dog were a reference to the specified animal; and\n(b) by-law 46L were a reference to clause (1).\n(3) Division 2, Subdivision 3 applies in relation to a licence of premises\nto keep a specified animal.\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Animals at large","content":"63 Animals at large\n(1) An occupier of premises within the municipality commits an offence\nif an animal the occupier keeps at the premises is at large.\nthe defendant establishes another person had, without the\ndefendant's permission, enticed the animal to become at large.\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Establishment of pounds","content":"64 Establishment of pounds\n(1) The council may:\n(a) establish a pound; or\n\nKatherine Town Council By-laws 1998 37\n(b) make such arrangements as it thinks fit for the use of\npremises for impounding animals under this Part.\n(2) The CEO is the supervisor of a pound.\n","sortOrder":73},{"sectionNumber":"65","sectionType":"section","heading":"Seizure and impounding","content":"65 Seizure and impounding\n(1) An authorised person may seize:\n(a) a dog that appears to be diseased, injured, savage,\ndestructive, stray or unregistered; or\n(b) a dog that is at large; or\n(c) a dangerous dog whose owner is not complying with\nDivision 2, Subdivision 4; or\n(d) an animal that an authorised person believes on reasonable\ngrounds has attacked a person.\n(2) As soon as practicable after seizing a dog, the authorised person\nmust:\n(a) impound the dog in a pound; or\n(b) take reasonable steps to return the dog to its owner if satisfied\nthat:\n(i) it is not diseased, injured, savage or destructive; or\n(ii) in the case of a dangerous dog whose owner is not\ncomplying with Division 2, Subdivision 4 – the owner is\nwilling and able to comply with Division 2, Subdivision 4.\n(3) As soon as practicable after seizing an animal other than a dog, the\nauthorised person must:\n(a) impound the animal in a pound; or\n(b) take reasonable steps to return the animal to its owner if\nsatisfied that it is not diseased, injured, savage or destructive.\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Notice of impounding","content":"66 Notice of impounding\n(1) The CEO must ensure that reasonable steps are taken to notify the\nowner of an impounded animal and whether:\n(a) the owner must collect the animal; or\n(b) the owner must await a decision regarding the destruction or\ndisposal of the animal under by-laws 69 to 70A; or\n\nKatherine Town Council By-laws 1998 38\n(c) the animal is subject to destruction or disposal under\nby-laws 69 to 70A.\n(2) The owner of an impounded animal who receives notice under\nclause (1)(a) must collect the animal within the time specified in the\n(a) owns an animal; and\n(b) receives a notice under clause (1)(a) that the owner must\ncollect the animal; and\n(c) fails to collect the animal within the time specified in the\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Release of dogs from pound","content":"67 Release of dogs from pound\n(1) When collecting a dog from a pound, a person must provide\nevidence that the person is the owner of the dog or is authorised to\nact on behalf of the owner.\n(2) The council may charge the owner a fee for:\n(a) the costs incurred by the council in relation to the impounded\ndog; and\n(b) delivering the dog from the pound.\n(3) Subject to by-laws 69 to 70A, an impounded dog must not be\nreleased from a pound unless:\n(a) it is registered and implanted with a microchip in accordance\nwith by-law 46A; and\n(b) it is released to its owner or to a person authorised to act on\nbehalf of the owner; and\n(c) the council receives any fees payable in relation to it.\n(4) Clause (3)(a) does not apply to a dog that is usually kept outside\nthe municipality.\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Release of other animals from pounds","content":"68 Release of other animals from pounds\n(1) Subject to by-law 70, an impounded animal, other than a dog, is not\nto be released from a pound:\n(a) other than to the owner of the animal or a person authorised to\nact as the owner's agent; and\n\nKatherine Town Council By-laws 1998 39\n(b) unless there is paid to the council the appropriate\nmaintenance and release fees.\n(2) A person who is collecting the animal must satisfy the council\nemployee at the pound, or other person in charge of the pound that\nthe person is the owner of the animal, or is authorised to act as the\nowner's agent.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Diseased animals","content":"69 Diseased animals\n(1) The CEO must make arrangements for any impounded animal that\nis suspected of being infected with a contagious disease to be\nisolated from other animals in the pound.\n(2) The CEO must take reasonable steps to give the owner of a dog\nisolated under clause (1) written notice:\n(a) stating the reasons for isolating it; and\n(b) warning that it must either undergo a course of treatment\nspecified in the notice or be destroyed.\n(3) The CEO may, in the notice given under clause (2), require the\nowner of the dog to have a report prepared and given to the CEO\non the condition of the dog and any other animals kept at the same\npremises.\n(4) If required under clause (3), the owner must:\n(a) have the report prepared by a veterinarian or other person\nspecified in the notice; and\n(b) give the report to the CEO within the time specified in the\n(5) A dog that is isolated under this by-law may be released from the\npound in accordance with by-law 67, subject to any conditions the\nCEO considers appropriate.\n(6) The cost of treatment reasonably provided by the council to a\ndiseased dog, and to any other animal in the pound infected or at\nrisk of being infected by the diseased dog before it could\nreasonably be isolated, is a debt payable by the owner of the\ndiseased dog to the council.\n(7) An owner of a dog commits an offence if the owner:\n(a) fails to comply with clause (4); or\n(b) fails to comply with a condition imposed under clause (5).\n\nKatherine Town Council By-laws 1998 40\n(8) An offence against clause (7) is an offence of strict liability.\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Destruction of impounded animal","content":"70 Destruction of impounded animal\n(1) The CEO may arrange for an animal to be destroyed if:\n(a) the animal is in the pound or is abandoned or is found on\npublic land; and\n(b) the animal is diseased, injured, savage, destructive,\nunclaimed, unregistered or unwanted; and\n(c) it is humane to destroy the animal in the circumstances.\n(2) For this Part, behaviour of a dog specified in by-law 53(4) is taken\nto be savage or destructive.\n","sortOrder":79},{"sectionNumber":"70A","sectionType":"section","heading":"Destruction or disposal of impounded animal","content":"70A Destruction or disposal of impounded animal\n(1) Subject to this by-law, the CEO may, after an animal is impounded\nfor 4 business days:\n(a) arrange for its destruction; or\n(b) if the animal is a dog – transfer the dog to an entity that\nprovides animal welfare services.\n(2) The CEO may make arrangements for the transfer of dogs from a\npound to a person or entity that provides animal welfare services.\nExample for clause (2)\nArrangements could be made with the RSPCA and other organisations that\nprovide care for unwanted and stray animals.\n(3) The CEO must not destroy or dispose of an impounded dog\nbecause it is savage, destructive, unclaimed, unregistered or\nunwanted until after the later of the following:\n(a) if circumstances related to the destruction are being\ninvestigated – the end of that investigation;\n(b) if the destruction is subject to legal proceedings – 14 days\nafter the end of those legal proceedings.\n(4) If an offence is being investigated in relation to an impounded dog,\nit must not be destroyed or disposed of until the investigation is\ncomplete.\nExample for clause (4)\nIf a dog is alleged to have attacked a person, the dog would not be destroyed\nunless the investigation is complete.\n\nKatherine Town Council By-laws 1998 41\n","sortOrder":80},{"sectionNumber":"70B","sectionType":"section","heading":"Humane method","content":"70B Humane method\nAny destruction of an animal under this Part must be done:\n(a) in a manner approved by the Australian Veterinary\nAssociation; and\n(b) by a veterinarian or another person who is, in the opinion of\nthe CEO, qualified to destroy it.\n","sortOrder":81},{"sectionNumber":"Div 5","sectionType":"division","heading":"Dog races","content":"Division 5 Dog races\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Dog races","content":"71 Dog races\n(1) The council may, by notice in writing, exempt a person or body from\nby-law 46A(1) and (4)(a), 46B(1)(a) or 63 for the purposes of a dog\nrace, dog trial, dog show, or while taking part in the activities of a\ndog obedience club or using a dog to drive cattle or stock on a\nroad, or for any other purpose or event as the council may\ndetermine.\n(2) An exemption under clause (1) may relate to a particular event or to\na class of events and may be subject to the conditions, if any, as\nthe council thinks fit.\n","sortOrder":83},{"sectionNumber":"71A","sectionType":"section","heading":"Injuring or killing animals on public land","content":"71A Injuring or killing animals on public land\n(1) A person must not, without an authorisation given by the CEO,\nengage in conduct that causes, or is likely to cause, injury or death\nto an animal on public land.\n(a) the person intentionally engages in conduct; and\n(b) the conduct results, or is likely to result, in injury or death to an\nanimal on public land; and\n(c) the person is reckless in relation to that result.\n","sortOrder":84},{"sectionNumber":"71B","sectionType":"section","heading":"Abandoning animal","content":"71B Abandoning animal\nA person commits an offence if the person intentionally abandons\nan animal in the municipality.\n","sortOrder":85},{"sectionNumber":"71C","sectionType":"section","heading":"Animal causing nuisance","content":"71C Animal causing nuisance\n(1) The owner of an animal must ensure that the animal is not a\n\nKatherine Town Council By-laws 1998 42\nnuisance to people or other animals.\n(2) For this Part, an animal is taken to be a nuisance if it:\n(a) is injurious or dangerous to the health of the community or\nanother person; or\n(b) behaves repeatedly in a manner contrary to the general\ninterest of the community or specific interests of another\nperson; or\n(c) creates a noise or an odour to a degree or extent that disturbs\nthe reasonable mental, physical or social well-being of a\nperson other than its owner; or\n(d) defecates to a degree or extent that causes annoyance to a\nperson other than its owner.\nExamples for clause (2)(c)\n1 Constant or loud barking, caterwauling, crowing or squawking, especially\nwhen pedestrians walk past the premises.\n2 Noxious smelling coops or cages used for keeping poultry.\n(3) The owner of an animal that defecates in public must immediately\nremove the faeces and dispose of them in a sanitary manner.\n(4) The owner of an animal must ensure it does not aggressively chase\na person or vehicle or another animal.\n(5) The owner of an animal must not allow the animal to come within\n10 m of the following:\n(a) a public play structure;\n(b) a public exercise structure;\n(c) a public BBQ.\n(6) A person must not bring an animal into a pedestrian mall unless:\n(a) the animal is an assistance dog; or\n(b) the person holds an authorisation given by the CEO to do so;\nor\n(c) the animal is allowed under an exemption determined by the\ncouncil, by resolution.\n(7) A person must not feed a wild or feral animal.\n(8) A person commits an offence if the person fails to comply with\n\nKatherine Town Council By-laws 1998 43\nclause (1), (3), (4), (5), (6) or (7).\n(9) An offence against clause (8) is an offence of strict liability.\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Definition","content":"72 Definition\nIn this Division, unless the contrary intention appears, approved\ncrossing means a crossing constructed:\n(a) before the commencement of these By-laws, by or with the\napproval of the council; or\n(b) after the commencement of these By-laws, in accordance with\na permit.\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Application or requirement to construct crossing","content":"73 Application or requirement to construct crossing\n(1) The owner or occupier of land that abuts on a public place must,\nbefore constructing a crossing from the land to the place, apply for\na permit.\n(2) A person is not to carry out any work relating to the construction of\na crossing until a permit for it has been granted.\n(3) The council may serve on the owner or occupier of land that abuts\non a public place a notice, under by-law 10, requiring a crossing to\nbe constructed.\n(4) Where, in the opinion of the council, a crossing, whether made\nbefore or after the commencement of these By-laws is:\n(a) no longer adequate for the volume or nature of the traffic\npassing over it; or\n(b) in a state of disrepair or is damaged,\nthe council may serve a notice under by-law 10 on the owner or\noccupier of the land to which the crossing leads from the public\nplace.\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Vehicles to use approved crossings only","content":"74 Vehicles to use approved crossings only\n(1) It is an offence for a person, without a permit, to drive or propel a\nmotor vehicle over or across a footpath otherwise than at an\napproved crossing.\n\nKatherine Town Council By-laws 1998 44\n(2) Clause (1) does not include the riding of a bicycle or tricycle on,\nalong or across a footpath designated by the council as a bicycle\npath.\n(3) It is an offence for a person to:\n(a) park a vehicle on; or\n(b) place an obstruction on, or cause an obstruction to,\nan approved crossing.\n(4) It is not an offence under clause (3) if the person requiring to gain\naccess to land ensures that the vehicle or obstruction remains on\nthe approved crossing for the least time necessary to obtain\naccess.\n(5) An offence against clause (1) or (3) is an offence of strict liability.\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Bicycle restriction areas","content":"75 Bicycle restriction areas\nIt is an offence for a person to ride a bicycle or tricycle along or\nacross a footpath designated by the council as a bicycle restriction\narea, and indicated as a bicycle restriction area by signs.\n","sortOrder":90},{"sectionNumber":"76","sectionType":"section","heading":"Heavy loads prohibited","content":"76 Heavy loads prohibited\n(1) It is an offence for a person, without a permit, to drive or propel a\nvehicle or cause or permit a vehicle to be driven or propelled\nacross, or to stand on or over, a crossing, culvert, road, kerb or\nbridge if the vehicle is:\n(a) so heavy or of such nature that it is likely to cause damage to\nthe paving of the crossing, culvert, road, kerb or bridge; or\n(b) of a weight greater than that notified under clause (2).\n(2) The council may determine the maximum weight of a load to be\ncarried over a crossing, culvert, road, kerb or bridge and may notify\nthe determination by a sign conspicuously posted at or near each\napproach to the crossing, culvert, road, kerb or bridge.\n(3) An offence against clause (1)(b) is an offence of strict liability.\n","sortOrder":91},{"sectionNumber":"77","sectionType":"section","heading":"Removal of kerbing","content":"77 Removal of kerbing\n(1) It is an offence for a person, without a permit, to remove a road\n\nKatherine Town Council By-laws 1998 45\nkerb.\n(3) Where a person, in an application for building or other works,\napplies for a permit to cross a road kerb, the council may cause the\nkerb to be removed at the place indicated in the application or at\nanother place approved by the council.\n(4) At the conclusion of the building or other works for which the road\nkerb was removed, the council may cause the road kerb to be\nreplaced.\n","sortOrder":92},{"sectionNumber":"78","sectionType":"section","heading":"Laying pipes on public place","content":"78 Laying pipes on public place\n(1) It is an offence for a person, without a permit, to:\n(a) lay pipes, cables or conduits; or\n(b) erect, place or maintain a post, pillar, bridge, footway, fixture\nor structure,\nin, on, over, under or abutting a public place or:\n(c) dig or remove, or cause to be dug or removed, turf, sand, clay,\nsoil or other material from, or from beneath, a public place; or\n(d) place a matter or thing, whether or not it causes an\nobstruction, on a public place.\n","sortOrder":93},{"sectionNumber":"79","sectionType":"section","heading":"Excavations","content":"79 Excavations\n(1) It is an offence for a person, without a permit, to excavate a trench\nthrough or under a road or footpath or other public place.\n(2) It is an offence for a person, without a permit, to carry out an\nexcavation on land abutting a public place where:\n(a) the excavation encroaches or may encroach on the public\nplace; or\n(b) if the excavation were to subside or the wall of the excavation\nwere to collapse, the excavation or the excavated material\nwould encroach on the public place.\n(3) An offence against clause (1) or (2) is an offence of strict liability.\n\nKatherine Town Council By-laws 1998 46\n","sortOrder":94},{"sectionNumber":"80","sectionType":"section","heading":"Damage to roads","content":"80 Damage to roads\n(1) It is an offence for a person to propel, drag or trail in contact with\nthe surface of a road any sledge, timber, metal, tool, implement,\nfurniture or other heavy material or a conveyance or thing capable\nof damaging the road.\n(2) It is an offence for a person to carry timber, metal, tools,\nimplements, furniture or material along a road in a manner that\nendangers or causes disturbance to another person.\n(2A) Clause (1) does not apply to a person acting in accordance with a\npermit.\nNote for clause (2A)\n(3) It is an offence for a person to spill or cause to be spilt wet\nconcrete, motor oil, hydraulic fluid or any similar substance on a\nroad or within a public place.\n(4) An offence against clause (1), (2) or (3) is an offence of strict\n(5) It is a defence to a prosecution for an offence against clause (1), (2)\nor (3) if the defendant has a reasonable excuse.\nNote for clause (5)\n","sortOrder":95},{"sectionNumber":"81","sectionType":"section","heading":"Council may require land to be enclosed","content":"81 Council may require land to be enclosed\n(1) Where land adjoining a road is not enclosed in a manner that\nprevents sand, soil or other material from being carried on to the\nroad, the council may, by notice under by-law 10, require the owner\nor occupier of the land to cause the land to be enclosed.\n(2) The owner or occupier of land must not, without a permit, cause to\nbe erected or maintained on the boundary of the land or within\n0.66m of a road or land under the control of the council a fence\nhaving a component of barbed wire, or material of a similar type, at\na height lower than 2.33m from the ground on which the fence is\nerected.\n\nKatherine Town Council By-laws 1998 47\n","sortOrder":96},{"sectionNumber":"82","sectionType":"section","heading":"Safety lights","content":"82 Safety lights\n(1) A person who causes:\n(a) any material or structure to be deposited or laid on a road; or\n(b) work to be carried out entailing the opening or breaking up of\nthe surface of a road,\nwhether or not authorised by the council, must, at the person's\nexpense, cause:\n(c) lights of a type and colour and in a number that the council\nconsiders sufficient to be placed and retained near the\nmaterial, structure or work;\n(d) the lights referred to in paragraph (c) to be illuminated from\nsunset to sunrise; and\n(e) the materials, structure or work to be fenced and enclosed to\nprevent damage or inconvenience to other persons,\nuntil the material or structure is removed or the road is restored.\n(2) A person who contravenes or fails to comply with clause (1)\n(4) It is a defence to a prosecution for an offence against clause (2) if\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"Damage to trees and plants","content":"83 Damage to trees and plants\n(1) It is an offence for a person, without a permit, to:\n(a) interfere with or damage a tree, plant, garden or grass strip or\ncause anything to be done so that it may become damaged or\ndestroyed;\n(b) cut, break, remove or disturb a tree, shrub, stem, branch or\nroot of a living tree, shrub or plant; or\n(c) plant a tree, shrub or plant,\n\nKatherine Town Council By-laws 1998 48\nin a public place.\n(2) Clause (1) does not prevent the owner or occupier of land that\nabuts a footpath from pruning or otherwise maintaining a tree,\nshrub or plant or maintaining or mowing a lawn on the footpath\nunless the council directs otherwise.\n(3) It is an offence for a person, without a permit, to pick, pluck or take\na bud, flower or other part of a tree, shrub or plant in a public place.\n(4) It is an offence for a person, in a public place:\n(a) to drive, tow or propel a motor vehicle or other vehicle; or\n(b) to ride, drive or lead an animal,\nin a manner that causes or permits it to cause damage to a tree,\nshrub, plant, garden or grass strip in the public place, or to council\nproperty situated on or affixed to the public place.\n(5) An offence against clause (1), (3) or (4) is an offence of strict\n","sortOrder":98},{"sectionNumber":"84","sectionType":"section","heading":"Permit to plant, &c., trees, &c.","content":"84 Permit to plant, &c., trees, &c.\nIn addition to the general requirements specified in by-law 14, an\napplication for a permit to plant, cut, break, remove or disturb a\ntree, shrub or plant referred to in by-law 83(1) is to indicate the\nposition where the applicant intends to:\n(a) plant the tree, shrub or plant; or\n(b) cut, break, remove or disturb the tree, shrub or plant or part of\nit.\n","sortOrder":99},{"sectionNumber":"85","sectionType":"section","heading":"Overhanging trees and shrubs","content":"85 Overhanging trees and shrubs\nThe council may, where it considers that a tree, shrub or plant\ngrowing on land is causing inconvenience or an obstruction to\npersons using a public street or footpath or is causing or likely to\ncause damage to an adjacent public place, serve a notice under\nby-law 10 on the owner or occupier of the land to trim or remove the\ntree, shrub, or plant.\n\nKatherine Town Council By-laws 1998 49\n","sortOrder":100},{"sectionNumber":"86","sectionType":"section","heading":"Signs, hoardings and advertising","content":"86 Signs, hoardings and advertising\n(1) In this by-law:\nsigns code means the document of that name approved by\nresolution of the council on 29 September 1997 (as since amended)\nthat prohibits, regulates or exempts matters relating to or incidental\nto the placing, size, shape, content and colour of signs, hoardings\nand advertising:\n(a) in or on a public place; or\n(b) on premises adjoining or in view of a public place.\n(2) The CEO must cause the signs code to be available to the public at\nthe council offices during the business hours of the council.\n(2A) The council may, by resolution, amend the signs code or replace it\nwith another code that prohibits, regulates or exempts matters\nrelating or incidental to the place, size, shape, content and colour of\nsigns, hoardings and advertising in a public area or on premises\nadjoining or in view of a public area.\n(2B) If the council amends or replaces the signs code, the council must\npublish in a newspaper circulating in the municipality a notice\nstating that the amendment or replacement has been made and\nincluding a description of the effect of the amendment.\n(3) The occupier or, where there is no occupier, the owner of the\npremises adjoining or in view of a public place commits an offence\nif there is on those premises a sign, hoarding or advertisement\nwhich is not in compliance with the signs code or with a permit\ngranted under the signs code.\n(3A) If a sign, hoarding or advertisement that is not in compliance with\nthe signs code or with a permit granted under the signs code is in or\non a public place, the person responsible for authorising the\nerection or placement of the sign, hoarding or advertisement\n(4) An offence against clause (3) or (3A) is an offence of strict liability.\n(5) A sign, hoarding or advertisement is to be constructed or installed\nand maintained in a condition of security, good repair and rigidity to\nthe satisfaction of the council.\n(6) Where an authorised person is of the opinion that a sign, hoarding\nor advertisement is not secure, in good repair or rigid, or is\n\nKatherine Town Council By-laws 1998 50\notherwise unsafe or not in compliance with the signs code, the\nauthorised person may, whether or not a permit has been granted,\ngive notice to:\n(a) the owner or occupier of the land where the sign, hoarding or\nadvertisement is erected or being used; or\n(b) the person responsible for authorising the erection or\nplacement of the sign, hoarding or advertisement,\nrequiring remedial action or the removal of the sign, hoarding or\nadvertisement within the period specified in the notice, and the\nperson to whom the notice is given must comply with the notice.\n(6A) If a person to whom a notice under clause (6) is given fails to\ncomply with the notice within the time specified in the notice, an\nauthorised person may remove and impound the sign, hoarding or\nadvertisement.\n(7) Nothing in this by-law derogates from the requirements of any other\nlaw of the Territory relating to the construction or installation of\nbuildings or structures.\n","sortOrder":101},{"sectionNumber":"87","sectionType":"section","heading":"Handbills","content":"87 Handbills\n(1) A person commits an offence if the person, without a permit, in or\non a public place:\n(a) gives out or distributes a handbill; or\n(b) affixes or causes to be affixed a handbill to a power pole,\nsignpost or fixture in a street.\n(2) It is a condition of a permit to affix a handbill that the holder is to:\n(a) ensure that the handbill is preserved in a clean and tidy\ncondition;\n(b) remove the handbill if it becomes worn, torn or detached; and\n(c) remove any waste or litter from the area.\n(3) A person commits an offence if the person, without a permit and the\nconsent of the owner or occupier of land adjoining a public place,\naffixes or causes to be affixed a handbill to or against a structure on\nthe land.\n\nKatherine Town Council By-laws 1998 51\n(4) Where an authorised person is of the opinion that a handbill is dirty,\nuntidy, worn, torn or detached, the authorised person may, whether\nor not a permit has been granted or the consent of the owner or\noccupier of the land obtained in relation to affixing the handbill, give\nnotice in accordance with by-law 10 to:\n(a) the owner or occupier of the building where the handbill is\nposted; or\n(b) the person responsible for authorising the production of the\nhandbill,\nrequiring remedial action or the removal of the handbill.\n","sortOrder":102},{"sectionNumber":"88","sectionType":"section","heading":"Writingand defacing","content":"88 Writingand defacing\n(1) A person who, without a permit, writes on, defaces or marks a\npower pole, sign, post, fixture, wall or pavement in a public place\nwith writing or pictorial representation commits an offence.\n","sortOrder":103},{"sectionNumber":"89","sectionType":"section","heading":"Erecting structures &c., or encroaching on public place","content":"89 Erecting structures &c., or encroaching on public place\n(1) A person must not, without a permit, erect or place a structure,\nwhether of a temporary or a permanent nature, on a public place, or\npermit a structure to encroach on a public place.\n(2) In addition to the general requirements specified in by-law 14, an\napplication for a permit to erect or place a structure referred to\nclause (1) is to:\n(a) specify the purpose for which the structure will be used; and\n(b) be accompanied by plans and specifications of the structure.\n","sortOrder":104},{"sectionNumber":"90","sectionType":"section","heading":"Goods in public place","content":"90 Goods in public place\n(1) A person who, without a permit, stacks or stores goods or displays\nor exposes them, or permits their stacking, storing or exposing,\nwhether or not for sale, in, on or over a public place, or outside any\npremises adjoining a public place, commits an offence.\n\nKatherine Town Council By-laws 1998 52\n","sortOrder":105},{"sectionNumber":"91","sectionType":"section","heading":"Vehicles for sale in public place","content":"91 Vehicles for sale in public place\n(1) A person who, without a permit, displays or exposes for sale any\nvehicle, boat or motor boat in, on or over a public place, or outside\nany premises adjoining a public place, commits an offence.\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Musical instruments, &c.","content":"92 Musical instruments, &c.\nA person must not, without a permit, on a public place or other land\nunder the control of the council:\n(a) use a musical instrument; or\n(b) for the purpose of announcing an auction, public performance,\nsale, meeting or similar gathering, ring a bell or use a musical\ninstrument or any means of amplification or public address.\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Camping or sleeping in public place","content":"93 Camping or sleeping in public place\n(1) A person who:\n(a) camps;\n(b) parks a motor vehicle, erects a tent or other shelter or places\ngear or equipment for the purpose of camping or sleeping; or\n(c) being an adult, sleeps at anytime between sunset and sunrise,\nin a public place other than:\n(d) in a caravan park or camping area where the person is\npermitted to park or camp on the payment of money; or\n(e) in accordance with a permit,\n(3) An authorised person may direct a person who is or has\ncontravened clause (1) to do one or both of the following:\n(a) leave the public place; or\n(b) remove any motor vehicle, tent, shelter, gear or equipment\nunder the person's control to a place specified by the\nauthorised person,\nand the person must comply with the direction forthwith.\n\nKatherine Town Council By-laws 1998 53\n(4) A person who fails to comply with the directions of an authorised\nperson under clause (3) commits an offence.\n(5) A person who, whether alone or together with others, obstructs or,\nby the person's presence or the group's presence, intimidates\nanother member of the public from using a public shelter, ablution\nfacility, water supply, barbecue or fireplace commits an offence.\n(6) An offence against clause (1), (4) or (5) is an offence of strict\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Shopping trolleys","content":"94 Shopping trolleys\n(1) A person who leaves a shopping trolley in a public place commits\nan offence.\n(3) An authorised person may remove and impound a shopping trolley\nleft unattended in a public place and is, within 7 days after the\nremoval and impoundment, to:\n(a) serve on the owner a notice in writing of the impoundment and\nplace of impoundment; or\n(b) if the owner cannot be found or the owner's name cannot be\nascertained, certify to the CEO the reason for failure to serve\na notice referred to in paragraph (a) (which is prima facie\nevidence of the matters contained in it).\n(4) After the expiration of 28 days after the impoundment, the CEO is\nto cause notice of the impoundment to be published in a newspaper\ncirculating in the municipality and, if the owner of the trolley does\nnot respond within 7 days after publication, is to publish the notice a\nsecond time.\n(5) If the owner of the trolley has not, within 28 days after service of a\nnotice under clause (3)(a) or the later of the publications under\nclause (4), paid to the council all expenses relating to the removal,\ncustody and reasonable maintenance of the trolley, the council may\nadvertise for sale and sell the trolley or, if it is not convenient to sell\nthe trolley, dispose of it.\n\nKatherine Town Council By-laws 1998 54\n(6) Any proceeds of the sale of a shopping trolley are to be applied in\npayment of:\n(a) costs incurred by the council in the sale; and\n(b) costs of removal, custody and reasonable maintenance before\nthe sale or disposal of the shopping trolley,\nand the balance, if any, is to be paid to the owner at the time of the\nremoval and impoundment.\n(7) If any money remains unclaimed by the owner, or by a person\nacting on behalf of the owner, of a shopping trolley sold under\nclause (5) after the expiration of a period of 6 months commencing\non the date of the sale, the money is to be paid into the council's\ngeneral fund.\n","sortOrder":109},{"sectionNumber":"95","sectionType":"section","heading":"Washing or repairing vehicles, &c., in public place","content":"95 Washing or repairing vehicles, &c., in public place\n(1) Subject to clause (2), a person must not:\n(a) wash a motor vehicle, vehicle, boat or motor boat; or\n(b) carry out repairs or maintenance work on any of them,\non, along, in or across a public place.\n(2) Clause (1)(b) does not apply:\n(a) where the public place has been set aside by the council for\nthe purpose of carrying out repairs or maintenance work and a\nnotice to that effect has been conspicuously posted nearby; or\n(b) to carrying out a repair for the purpose of immediately\nremoving the motor vehicle, vehicle, boat or motor boat from a\n","sortOrder":110},{"sectionNumber":"96","sectionType":"section","heading":"Removal of persons from reserve or mall","content":"96 Removal of persons from reserve or mall\n(1) An authorised person may remove, or cause to be removed, a\nperson who contravenes these By-laws in a reserve or mall from\nthe reserve or mall.\n(2) Where an authorised person has removed a person under\nclause (1), the council may, by notice in writing served on the\nperson, refuse him or her entry to the reserve or mall for the period\nnot exceeding 6 months, specified in the notice.\n\nKatherine Town Council By-laws 1998 55\n(3) A person on whom a notice under clause (2) has been served who\nenters the specified reserve or mall during the specified period\n","sortOrder":111},{"sectionNumber":"97","sectionType":"section","heading":"General offences","content":"97 General offences\n(1) A person must not, without a permit, drive, propel, sail or tow a boat\nor motor boat at a speed of more than 5 knots in waters within a\n(2) A person must not, without a permit, wilfully injure or kill an animal\nor bird, or act in a manner intended or reasonably likely to result in\ninjury or death to an animal or bird, in a public place.\n(3) A person must not, without a permit, graze or allow an animal that\nthe person owns or is responsible for to graze on a public place.\n(4) A person must not, without a permit, swim or bathe in waters within\na public place except within signs erected or posted in a\nconspicuous place by the council advising that the waters are a\ndesignated swimming area.\n(5) A person who urinates or defecates in a public place, except in\ntoilets provided for the purpose, commits an offence.\n(6) An offence against clause (5) is an offence of strict liability.\n","sortOrder":112},{"sectionNumber":"98","sectionType":"section","heading":"Bicycles, skates may be prohibited in malls, reserves and","content":"98 Bicycles, skates may be prohibited in malls, reserves and\nother public places\n(1) The council may determine that the riding or driving of bicycles or\ntricycles, pedal powered vehicles, small motorised vehicles, roller\nskates or blades, skateboards, or any of them, is prohibited or\nrestricted in a mall, reserve or other public place in accordance with\nan inscription on signs erected in and associated with the mall or\n(2) A person must not contravene the determination of a council under\nclause (1) as inscribed on signs erected under that clause.\n\nKatherine Town Council By-laws 1998 56\n","sortOrder":113},{"sectionNumber":"99","sectionType":"section","heading":"Control of certain activities in malls, reserves and other public","content":"99 Control of certain activities in malls, reserves and other public\nplaces\n(1) A person must not, without a permit, in a public place, perform or\noffer entertainment, make a painting or drawing or take a\nphotograph or film of a person or thing for commercial purposes or\naddress persons assembled there.\n(2) A person must not, without a permit, erect or install in a public place\na post, rail, fence, pole, tent, booth, stand, display, exhibition,\ndecoration or structure or any furniture, whether permanent or\ntemporary.\n(3) A person must not, without a permit, discharge, or dispose of into or\nin a mall, reserves or other public place moisture from an air\nconditioner, or fumes, smoke, vapour, dust or other waste products,\nin such a way as to cause damage or annoyance to another\nperson.\n(4) A person must not, without a permit, remove or displace from or in\na public place a barrier, railing, post, seat or any structure or\nerection.\n(5) A person must not, in a mall or reserve:\n(a) remove or disturb any part of the soil of a flowerbed or under a\ntree or plant;\n(b) walk, stand, sit or lie upon a part of a flowerbed; or\n(c) remove, cut or damage a flower, plant or tree.\n(6) A person conducting a business to which access is from a mall\nmust not, for the disposal of trade or commercial waste or\npackaging or rubbish, use public refuse bins placed by the council\nin the mall.\n(7) A person must not, without a permit, enter, remain on or walk on\nany roof, covering or canopy erected over a mall or on a reserve.\n(8) A person must not, without a permit, bring an animal, other than an\nassistance dog, into a mall.\n(9) This by-law does not apply to an agent or officer or employee of the\ncouncil acting in accordance with their duties.\n\nKatherine Town Council By-laws 1998 57\n","sortOrder":114},{"sectionNumber":"100","sectionType":"section","heading":"Control of vehicular traffic in malls","content":"100 Control of vehicular traffic in malls\n(1) A person must not drive a vehicle or cause a vehicle to stand in a\nmall unless:\n(a) it is an emergency vehicle; or\n(b) it is:\n(i) a service vehicle; or\n(ii) a vehicle in the mall in accordance with a permit.\n(2) A person must not drive a vehicle, other than an emergency\nvehicle, in a mall at a speed in excess of 5 km/h.\n(3) A person acting in contravention of clause (1) or clause (2) commits\nan offence.\n(4) An offence against clause (1) or (2) is an offence of strict liability.\n(5) Where, contrary to a by-law, there is in a mall a vehicle or thing the\ndriving, use, presence or standing of which is prohibited or\nregulated, a member of the Police Force, an authorised person or\nofficer or employee of the council may remove the vehicle or thing\nto a place either within or outside the mall.\n(6) A person acting under clause (5) is not liable for any damage\ncaused to a vehicle or thing removed under that clause.\n(7) This by-law does not apply to the bona fide use of a wheel chair or\nperambulator.\n(8) In this by-law:\nemergency vehicle means a vehicle under the control of:\n(a) a member of the Police Force;\n(b) an employee of a fire brigade;\n(c) an officer of an ambulance service; or\n(d) a person authorised by an officer of the Northern Territory\nEmergency Service and is used during the course of that\nperson's duties.\nservice vehicle means a vehicle under the control of any of the\nfollowing bodies in relation to its functions:\n(a) the council;\n\nKatherine Town Council By-laws 1998 58\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) an organisation responsible for any of the following within the\nTerritory:\n(i) electricity generation or supply;\n(ii) public sewerage and drainage services operations;\n(iii) public water supplies;\n(d) an organisation providing telecommunications services within\nthe Territory.\n","sortOrder":115},{"sectionNumber":"101","sectionType":"section","heading":"Application","content":"101 Application\nUnless the contrary intention appears, this Division applies to all:\n(a) public swimming pools; and\n(b) other public places in the municipality where there are waters\nwhere members of the public frequent to swim or bathe\n(bathing places).\n","sortOrder":116},{"sectionNumber":"102","sectionType":"section","heading":"Dress and conduct at public swimming pools, &c.","content":"102 Dress and conduct at public swimming pools, &c.\n(1) An authorised person, who is of the opinion that the dress of a\nperson in or near a public swimming pool or bathing place is not\nappropriate or is inadequate, may direct the person to:\n(a) remedy the defect as reasonably required; or\n(b) leave the public swimming pool or bathing place.\n(2) A male person over the age of 5 years must not enter a dressing\nroom, toilet or shower set aside for females, and a female over the\nage of 5 years must not enter a dressing room, toilet or shower set\naside for males.\n(3) A person under the influence of intoxicating liquor or drugs must not\nbe permitted entrance to a public swimming pool.\n(4) An authorised person, who is of the opinion that a person who is in\na public swimming pool or bathing place is under the influence of\nintoxicating liquor or drugs, may direct the person to leave the\npublic swimming pool or bathing place.\n\nKatherine Town Council By-laws 1998 59\n(5) A person who is suffering, or appears to an authorised person to be\nsuffering, from an infectious, contagious or offensive skin disease\nor skin complaint must not enter or use a public swimming pool or\nwaters in a bathing place.\n(6) A person must not commit a nuisance of any kind within a public\nswimming pool or bathing place.\n(7) A person must not wilfully:\n(a) foul or pollute the water of; or\n(b) foul or pollute a dressing room, toilet or shower in,\na public place, reserve or public swimming pool.\n(8) A person must not play a game or do any act that is dangerous, is\nlikely to interfere with the safety or comfort of the general public or\nis likely to injure the property of or injure, endanger, obstruct,\ninconvenience or annoy a person in a public swimming pool or\nbathing place.\n(9) A person who, in a public swimming pool or bathing place:\n(a) without lawful authority, tampers with or alters any setting or\nmakes any adjustment to any structure, equipment or facility;\nor\n(b) contravenes or fails to comply with a direction of an authorised\nperson,\n(10) An offence against clause (9) is an offence of strict liability.\n","sortOrder":117},{"sectionNumber":"103","sectionType":"section","heading":"Removal of persons from swimming pools, &c.","content":"103 Removal of persons from swimming pools, &c.\nAn authorised person may exclude from a public swimming pool or\nbathing place a child who is not accompanied by and in the control\nof an older person who is apparently capable of caring for the child.\n","sortOrder":118},{"sectionNumber":"104","sectionType":"section","heading":"General offences at public places","content":"104 General offences at public places\n(1) A person must not, without a permit:\n(a) drive or propel a motor boat in or on a bathing place; or\n(b) cause a motor boat to travel at a speed greater than 5 knots in\nor on a bathing place.\n\nKatherine Town Council By-laws 1998 60\n(2) A person must not obstruct or restrict public access to or the use of\na facility on a public place, reserve, or public swimming pool.\n(3) A person must not interfere with, damage, deface or destroy a\nbuilding, structure, fixture, piece of equipment, plant or facility\nsituated in or on a public place, reserve or public swimming pool.\n","sortOrder":119},{"sectionNumber":"105","sectionType":"section","heading":"Definitions","content":"105 Definitions\nIn this Division, unless the contrary intention appears:\ngoods includes food, beverages, wares, merchandise, raffle\ntickets, tokens, badges and motor vehicles.\nmarket means an area in which 2 or more stalls are located or\nintended to be located.\nmarket licence is a licence granted by the council to a stallholders\nassociation to establish or manage a market.\npackages includes boxes, baskets and packaging.\nsell, in relation to goods, means offering or exposing goods for sale\nor hire, or displaying or publishing an advertisement describing or\npromoting the sale of goods, from a stall.\nstall means a structure in or from which goods are offered for sale\nand includes a tent, motor vehicle, caravan, trailer or table.\nstallholder means a person who sells or offers for sale goods from\na stall.\nstallholders association means an association incorporated under\nthe Associations Act 2003 and formed for the purpose of\nestablishing and managing a market.\nstallholders permit means a permit granted by the council or by a\nstallholders association to conduct business from a stall.\n","sortOrder":120},{"sectionNumber":"106","sectionType":"section","heading":"Stallholders association may issue stallholders permits","content":"106 Stallholders association may issue stallholders permits\nIn addition to the general conditions of a licence, it is a condition of\na market licence that the holder of the licence may issue\nstallholders permits for stallholders to conduct business within the\nmarket.\n\nKatherine Town Council By-laws 1998 61\n","sortOrder":121},{"sectionNumber":"107","sectionType":"section","heading":"Obligations of stallholders associations","content":"107 Obligations of stallholders associations\n(1) A stallholders association must:\n(a) comply with the conditions of the market licence;\n(b) comply with the reasonable directions of the council or an\nauthorised person concerning the location of stalls in the\nmarket; and\n(c) keep the site of the market clean and free from garbage,\nwaste or litter resulting from the conduct and operation of the\nmarket.\n(2) A stallholders association, in the conduct and operation of a market,\nmust not:\n(a) permit or allow goods to be sold unless on the day or days\ndetermined by the council;\n(b) obstruct the passage of pedestrians or vehicles; or\n(c) allow the market or stalls within the market to be conducted in\na manner that is or may be offensive to persons in or in the\nvicinity of the market.\n(3) A stallholders association must not, without a market licence,\nestablish or manage a market.\n","sortOrder":122},{"sectionNumber":"108","sectionType":"section","heading":"Special requirements for application for stallholders permit","content":"108 Special requirements for application for stallholders permit\n(1) In addition to the requirements of by-law 107, a stallholders permit\nis to include particulars of:\n(a) the type of goods that the applicant intends to sell;\n(b) the proposed location of the stall from which the applicant\nproposes to sell the goods;\n(c) the period for which the permit is required; and\n(d) such other particulars as the council or the stallholders\nassociation, whichever is to issue the licence, may require.\n(2) A person must not, without a stallholders permit, sell goods or\notherwise conduct business from a stall.\n\nKatherine Town Council By-laws 1998 62\n","sortOrder":123},{"sectionNumber":"109","sectionType":"section","heading":"Obligations of stallholders","content":"109 Obligations of stallholders\n(1) A stallholder must:\n(a) comply with the conditions of the permit;\n(b) comply with the reasonable directions of the council or an\nauthorised person concerning the location and siting of his or\nher stall;\n(c) maintain his or her stall in good order and condition to the\nsatisfaction of the council or an authorised person, including\nkeeping the site of the stall clean and free from garbage,\nwaste, or litter resulting from the conduct of business from the\nstall; and\n(d) display his or her name legibly and conspicuously on the stall.\n(2) It is an offence for a stallholder, in the conduct of business from a\nstall:\n(a) to sell goods unless on the day or days determined by the\ncouncil;\n(b) to call his or her goods or make a noise, or cause to be made\na noise or disturbance likely to be a nuisance or annoyance to\na person in the vicinity of the stall;\n(c) to deposit or store packages or goods except within his or her\nstall;\n(d) to obstruct the passage of pedestrians or vehicles; or\n(e) in the opinion of an authorised person, to act in an offensive\nmanner.\n(3) This by-law applies whether or not:\n(a) the stall is located within a market; and\n(b) a permit is granted by the council or by a stallholders\nassociation.\n(4) An offence against clause (2)(a), (b), (c) or (d) is an offence of strict\n\nKatherine Town Council By-laws 1998 63\n","sortOrder":124},{"sectionNumber":"110","sectionType":"section","heading":"Council-controlled off-street parking areas","content":"110 Council-controlled off-street parking areas\n(1) The council may set aside an area to be a council-controlled off-\nstreet parking area.\n(2) A person commits an offence if the person, in a council-controlled\noff-street parking area:\n(a) stands or parks a vehicle other than in a manner indicated by\nan inscription on a sign erected or placed in the parking area;\nor\n(b) stands or parks a vehicle in the parking area in contravention\nof a limitation relating to a day or period of a day, or a class of\npersons or vehicles indicated by an inscription on a sign\nerected or placed in and associated with the parking area; or\n(c) stands or parks a vehicle with a space of less than one metre\nbetween it and another vehicle; or\n(d) where parking bays are marked, stands or parks a vehicle\notherwise than entirely within the parking bay; or\n(e) stands or parks a vehicle unless the whole of the vehicle is\nwithin the parking area.\n","sortOrder":125},{"sectionNumber":"111","sectionType":"section","heading":"Application of Traffic Regulations 1999 to off-street parking","content":"111 Application of Traffic Regulations 1999 to off-street parking\nareas\n(1) Part 3, Division 3 of the Traffic Regulations 1999, as in force from\ntime to time, applies to and in relation to a contravention of\nby-law 110 as if the contravention were a parking infringement as\ndefined in regulation 39 of the Traffic Regulations 1999.\n(2) For clause (1):\n(a) Part 3, Division 3 of the Traffic Regulations 1999, as in force\nfrom time to time, is incorporated in these By-laws; and\n(b) a reference in that Division to a parking infringement is taken\nto be a reference to a contravention of by-law 110; and\n(c) a reference in that Division to a sign or other manner of\nprescription under the Traffic Regulations 1999 is taken to be\na reference to a sign mentioned in by-law 110(2)(a) or (b); and\n\nKatherine Town Council By-laws 1998 64\n(d) a reference in that Division to a municipality within the\nmeaning of the Local Government Act 2019 is taken to be a\nreference to the municipality of Katherine only.\n","sortOrder":126},{"sectionNumber":"111A","sectionType":"section","heading":"On-street parking","content":"111A On-street parking\nFor the purpose of regulating on-street parking the council must:\n(a) determine the fees for parking on any street; and\n(b) determine the conditions for parking on any street; and\n(c) install equipment for the payment of the parking fees; and\n(d) establish online systems for the payment and collection of\nparking fees to supplement equipment on the street.\n","sortOrder":127},{"sectionNumber":"112","sectionType":"section","heading":"Definitions","content":"112 Definitions\nIn this Part:\nlibrary means the public library established by by-law 114 and\nincludes any branches of that library.\nlibrary manager means the person responsible to the council for\nthe management of the library.\nlibrary material includes a book, magazine, newspaper, pamphlet,\nmusic score, compact disc audio, compact disc computer, video\nrecording, audio-tape recording, picture, print, photograph, map,\nchart, plan, film, slide, microfilm, manuscript, toy, poster or other\narticle forming part of the library collection whether or not the\nproperty of the Council or the Northern Territory Government.\nofficer means a person who is appointed or employed as an officer\nfor the library, and also includes any other person authorised by the\nCouncil to be an officer for the purposes of these By-Laws.\nregistered borrower means a person who is registered as a\nborrower to borrow library items from the library under by-law 115.\nNote for definition registered borrower\nA person does not have to be registered to use the services of the library, but\ndoes have to be registered to borrow from the library.\n\nKatherine Town Council By-laws 1998 65\n","sortOrder":128},{"sectionNumber":"113","sectionType":"section","heading":"Library hours","content":"113 Library hours\n(1) The Council shall cause the library to be open to the public on such\ndays and at such hours as it may from time to time determine.\n(2) The library manager must ensure notice of the opening hours of the\nlibrary is affixed to the main entrance to the library or some other\nsuitable place.\n(3) No fee shall be charged for entrance to the library.\n","sortOrder":129},{"sectionNumber":"114","sectionType":"section","heading":"Public library and services","content":"114 Public library and services\n(1) The council must establish a public library, and any branches of\nthat library, and determine the services provided by the library and\nthe conditions for using those services.\n(2) The conditions for using public library services must be published.\n(3) A notice setting out the important conditions for using public library\nservices must be clearly exhibited in a conspicuous place in or\nabout the library.\n","sortOrder":130},{"sectionNumber":"115","sectionType":"section","heading":"Registration of borrowers","content":"115 Registration of borrowers\n(1) The library manager may register persons as borrowers of library\nmaterial according to the classes of borrowers and borrowing\nprivileges determined by the council.\nThere may be different classes of borrowers with different borrowing privileges,\nfor example, temporary or non-resident borrowers.\n(2) A person wishing to be registered as a borrower of library material\nmay be required to provide the library manager with:\n(a) photo identification of the person; and\n(b) evidence of the person's place of residence.\n(3) The parent or guardian of a child under 16 years of age may\nregister the child if the parent or guardian accepts responsibility for\nfees or charges for lost or damaged library materials.\n(4) A person's registration as a borrower of library materials is not\ntransferrable.\n\nKatherine Town Council By-laws 1998 66\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Borrowing privileges","content":"116 Borrowing privileges\n(1) Subject to this by-law, a registered borrower may borrow, free of\ncharge for use away from the library, any library material\ndesignated by the library manager as available for lending.\n(2) A registered borrower of a class with restricted borrowing privileges\nmay only access library materials allowed under the class.\nExample for clause (2)\nAn online borrower may only access online library materials.\n(3) Any borrowing of library material is subject to this Part and any\nterms and conditions determined by the council.\n(4) Library material may be borrowed from the library for such period of\ntime as the library manager determines.\n","sortOrder":132},{"sectionNumber":"117","sectionType":"section","heading":"Identification of registered borrowers","content":"117 Identification of registered borrowers\nThe library manager or an officer may issue library identification,\nincluding cards, registration numbers or other means to identify\nregistered borrowers, in accordance with the conditions determined\nby the council.\n","sortOrder":133},{"sectionNumber":"118","sectionType":"section","heading":"Liability of borrower","content":"118 Liability of borrower\n(1) A registered borrower is liable for any loss of, or damage to, library\nmaterials borrowed with the borrower's library identification.\n(2) If library identification is lost, the registered borrower remains liable\nunder clause (1) until the library manager is notified of the loss of\nthe identification.\n","sortOrder":134},{"sectionNumber":"119","sectionType":"section","heading":"Notifications by borrower","content":"119 Notifications by borrower\nA registered borrower must notify the library manager if the\nborrower:\n(a) changes the borrower's name or address; or\n(b) loses, damages or destroys library materials; or\n(c) loses the borrower's library identification.\n","sortOrder":135},{"sectionNumber":"120","sectionType":"section","heading":"Revocation or suspension of registration","content":"120 Revocation or suspension of registration\n(1) A registered borrower may revoke the borrower's registration by\nnotifying the library manager.\n\nKatherine Town Council By-laws 1998 67\n(2) The library manager may revoke or suspend a borrower's\nregistration and library identification, if the borrower fails to comply\nwith this Part or gives notice under clause (1).\n","sortOrder":136},{"sectionNumber":"121","sectionType":"section","heading":"Late library materials","content":"121 Late library materials\n(1) The library manager may, by written notice, require a person who\nborrows library material to return library materials that were not\nreturned on time.\n(2) A person who receives a written notice under clause (1) must return\nthe library materials without delay.\n(3) The library manager may refuse to lend library materials to a\nperson who fails to return library materials on time.\n","sortOrder":137},{"sectionNumber":"122","sectionType":"section","heading":"Lost or damaged library materials","content":"122 Lost or damaged library materials\n(1) The library manager may, by written notice, require a person who\nborrows library material to pay:\n(a) a fee for failing to return the material; and\n(b) the cost of replacing or repairing the material if lost or\ndamaged while on loan to the person.\n(2) Library material that is stolen, lost or damaged remains the property\nof the council, even if replaced or paid for.\n(3) A person who receives a written notice under clause (1) must pay\nthe fee or cost within 15 days of receipt of the notice.\n(4) A person commits an offence if the person fails to comply with\nclause (3).\n","sortOrder":138},{"sectionNumber":"123","sectionType":"section","heading":"Code of conduct","content":"123 Code of conduct\n(1) The council may establish a code of conduct for persons using or\npresent in the library.\n(2) Any code of conduct established by the council must be published\nand clearly exhibited in a conspicuous place in the library.\n(3) A person who is using the library or present in the library must\n\nKatherine Town Council By-laws 1998 68\ncomply with the code of conduct.\n(4) A person commits an offence if the person fails to comply with\nclause (3).\n","sortOrder":139},{"sectionNumber":"124","sectionType":"section","heading":"Bringing things into library","content":"124 Bringing things into library\n(1) A person must not bring an animal into the library other than:\n(a) an assistance dog; or\n(b) an animal permitted in the library for the purposes of an event\norganised for the animal.\nExample for clause (1)(b)\nPet time in the library.\n(2) A person must not bring a vehicle into the library, unless:\n(a) it is a wheelchair or other mobility device needed by the\nperson; or\n(b) it is a skateboard, bicycle or similar thing allowed in by the\nlibrary manager.\n","sortOrder":140},{"sectionNumber":"125","sectionType":"section","heading":"Prohibited conduct in libraries","content":"125 Prohibited conduct in libraries\n(1) A person must not engage in any of the following conduct:\n(a) taking library materials or other things without authority from\nthe library manager;\n(b) disturbing, interrupting or annoying another person in the\nlibrary;\n(c) behaving in a disorderly manner or using violent, abusive or\noffensive language in the library;\n(d) entering or remaining in the library if the person is under the\ninfluence of liquor or an intoxicating drug.\n(2) A person commits an offence if the person fails to comply with\nclause (1).\n\nKatherine Town Council By-laws 1998 69\n","sortOrder":141},{"sectionNumber":"126","sectionType":"section","heading":"Children","content":"126 Children\nA child under 10 years of age may enter the library if the child is\nkept under direct supervision at all times by an adult or another\nperson who, in the opinion of the library manager, is capable of\nsupervising the child while the child is in the library.\n","sortOrder":142},{"sectionNumber":"127","sectionType":"section","heading":"Banning persons","content":"127 Banning persons\n(1) The library manager may, by written notice, ban a person from\nentering the library if the person fails to comply with this Part.\n(2) A person who receives a notice under clause (1) must not enter the\nlibrary for the period of time specified in the notice.\n(3) A person commits an offence if the person fails to comply with\nclause (2).\n","sortOrder":143},{"sectionNumber":"128","sectionType":"section","heading":"Powers of library manager","content":"128 Powers of library manager\n(1) The library manager may give the directions and take reasonable\naction to ensure order in the library and compliance with this Part.\n(2) The library manager, an authorised person, an officer or an\nemployee of the council may remove or exclude a person from the\nlibrary to ensure order in the library and compliance with this Part.\n","sortOrder":144},{"sectionNumber":"129","sectionType":"section","heading":"Reviewable decisions","content":"129 Reviewable decisions\nA decision of the library manager under by-law 120(2) or 128 is a\nreviewable decision for section 322(1) of the Act.\n","sortOrder":145},{"sectionNumber":"130","sectionType":"section","heading":"Authorised person may direct person not to enter or to leave","content":"130 Authorised person may direct person not to enter or to leave\nfacility\n(1) An authorised person may direct a person not to enter, or to leave,\na facility owned by the council if:\n(a) the authorised person believes on reasonable grounds that\nthe person is under the influence of liquor or an intoxicating\ndrug; or\n(b) the person threatens or harasses a council employee or any\nother person in the facility.\n\nKatherine Town Council By-laws 1998 70\n(2) A person must leave a facility owned by the council if directed to do\nso by an authorised person.\n","sortOrder":146},{"sectionNumber":"137","sectionType":"section","heading":"Procedures for meetings of council","content":"137 Procedures for meetings of council\n(2) A motion to suspend the operation of the procedures set out in this\nPart may be moved without notice.\n(3) A suspension under clause (2) is limited in its operation to the\nparticular purpose for which the suspension has been sought.\n","sortOrder":147},{"sectionNumber":"138","sectionType":"section","heading":"Ordinary meetings","content":"138 Ordinary meetings\nAn ordinary meeting is to be held on the day and at the time in each\nmonth as the council determines.\n","sortOrder":148},{"sectionNumber":"139","sectionType":"section","heading":"Order of business","content":"139 Order of business\n(1) The order of business at an ordinary meeting is as the council\ndetermines.\n(2) Notwithstanding a determination under clause (1), the order of\nbusiness at an ordinary meeting may be altered for a particular\nmeeting where the members at the meeting pass a motion to that\neffect.\n(3) A motion under clause (2) may be moved without notice.\n","sortOrder":149},{"sectionNumber":"140","sectionType":"section","heading":"Business paper","content":"140 Business paper\n(1) The CEO is, as soon as practicable before each meeting, or within\nsuch time as the council determines, to prepare or have prepared a\nbusiness paper.\n(2) Copies of a business paper prepared under clause (1) are to be\nmade available to the public at the council office, and any other\nplace as the council determines, as soon as practicable before\neach meeting.\n(3) A business paper prepared under clause (1) is to contain:\n(a) business arising out of previous meetings;\n(b) business which the Mayor wishes to have considered at the\nmeeting without notice;\n\nKatherine Town Council By-laws 1998 71\n(c) matters of which notice, in accordance with by-law 141, has\nbeen given;\n(d) matters referred to the council by a committee;\n(e) officers' reports to the council referred to the meeting by the\nMayor or the CEO; and\n(f) any other business the council determines is to be contained\nin the business paper.\n","sortOrder":150},{"sectionNumber":"141","sectionType":"section","heading":"Notice of business to be given by member","content":"141 Notice of business to be given by member\n(1) A matter is not to be considered at a meeting unless notice in\naccordance with this by-law is given to the members within the time\nbefore the meeting determined by the council.\n(2) A notice under this by-law is to be in writing and signed by the\nmember who wishes the matter to be considered.\n(3) A notice under this by-law may be given to a member by serving it\non the member personally (including by electronic means) or by\nposting it to the member at the member's address for service\nprovided to the CEO under the Act.\n(4) A matter for which notice under clause (1) has been given may be\nconsidered at an ordinary meeting during the part of the meeting\nset aside for general business.\n(5) A member at a meeting is not to speak to a matter raised for\nconsideration in general business under this by-law for longer than\n5 minutes.\n","sortOrder":151},{"sectionNumber":"142","sectionType":"section","heading":"Mayoral minute","content":"142 Mayoral minute\nThe Mayor may, by a signed minute, introduce a matter for\nconsideration at an ordinary meeting and the matter takes\nprecedence over all other matters for consideration at the meeting\nand may be adopted by a motion moved by the Mayor without the\nneed for the motion to be seconded.\n","sortOrder":152},{"sectionNumber":"143","sectionType":"section","heading":"Petitions","content":"143 Petitions\n(1) A petition may be presented to a meeting by a member who, before\npresenting the petition, must, as far as practicable, become\nacquainted with the subject matter of the petition.\n(2) A member, on presenting a petition to a meeting, must:\n(a) state the nature and prayer of the petition; and\n\nKatherine Town Council By-laws 1998 72\n(b) read the petition.\n(3) A petition is not to be presented unless it is worded in respectful\nlanguage.\n(4) Each page of a petition presented to the council is to restate the\nwhole of the petition.\n(5) Where a page of a petition does not comply with clause (4) the\nsignatures on that page are not to be taken into account by the\ncouncil when considering the petition.\n(6) A person is not to append to a petition:\n(a) a signature purporting to be that of another person; or\n(b) the name of another person.\n(7) Where a member presents a petition to a meeting no debate on or\nin relation to it is allowed and the only motion that may be moved is:\n(a) that the petition be received and consideration stand as an\norder of the day for the meeting or for a future meeting; or\n(b) that the petition be received and referred to a committee or\nofficer for consideration and a report to the council.\n","sortOrder":153},{"sectionNumber":"144","sectionType":"section","heading":"Deputations","content":"144 Deputations\n(1) A deputation means a group of persons consisting of more than\n2 persons.\n(2) A deputation wishing to attend and be heard at a meeting may, not\nless than 7 clear days before the meeting, apply in writing to the\nCEO.\n(3) The CEO must, on receiving an application under clause (2), notify\nthe Mayor of the application and the Mayor is to determine whether\nthe deputation may be heard and is to notify the CEO accordingly.\n(4) If the CEO is notified under clause (3) the CEO must:\n(a) inform the deputation of the determination of the Mayor; and\n(b) where the Mayor has determined to hear the deputation,\narrange a convenient time for the deputation to be heard at a\n(5) Only 2 persons in a deputation may be heard at a meeting unless\nthe members at the meeting at which the deputation is to be heard\ndetermine otherwise.\n\nKatherine Town Council By-laws 1998 73\n(6) A person in a deputation at a meeting must be temperate in speech\nand manner and not use insulting or offensive language.\n(7) Subject to clause (8), a deputation at a meeting in accordance with\nthis by-law is to be given adequate opportunity and facility to\nexplain the purpose of the deputation.\n(8) The Mayor may terminate an address by a person in a deputation\nat any time where:\n(a) the Mayor is satisfied that the purpose of the deputation has\nbeen sufficiently explained to the members at the meeting; or\n(b) the person uses insulting or offensive language.\n","sortOrder":154},{"sectionNumber":"145","sectionType":"section","heading":"Motions","content":"145 Motions\n(1) A motion brought before a meeting in accordance with the Act or\nthis Part is to be received and put to the meeting by the Mayor.\n(2) The Mayor may require a motion, or an amendment to a motion, to\nbe stated in full or be in writing before permitting it to be received.\n","sortOrder":155},{"sectionNumber":"146","sectionType":"section","heading":"Unopposed notices of motion","content":"146 Unopposed notices of motion\nAt a meeting the Mayor may call over the notices of motion in the\norder in which they appear on the business paper, and, where no\nobjection is taken to a motion being taken as a formal motion, the\nMayor may, without discussion, put the motion to the vote.\n","sortOrder":156},{"sectionNumber":"147","sectionType":"section","heading":"Motions not to be withdrawn","content":"147 Motions not to be withdrawn\nA motion on the business paper for a meeting is not to be removed\nfrom the paper if a member at the meeting objects to it being\nremoved.\n","sortOrder":157},{"sectionNumber":"148","sectionType":"section","heading":"Absence of mover of motion","content":"148 Absence of mover of motion\nWhere a member, who has given notice of a motion under\nby-law 141, is absent from the meeting at which the motion is to be\nconsidered, the motion may be:\n(a) moved by another member at the meeting; or\n(b) deferred to the next ordinary meeting.\n\nKatherine Town Council By-laws 1998 74\n","sortOrder":158},{"sectionNumber":"149","sectionType":"section","heading":"Motion to be seconded","content":"149 Motion to be seconded\n(1) A motion or an amendment to a motion is not to be debated at a\nmeeting unless or until the motion or the amendment is seconded.\n(2) Notwithstanding clause (1), a member who moves a motion or an\namendment to a motion may speak in support of the motion or\namendment before it is seconded.\n","sortOrder":159},{"sectionNumber":"150","sectionType":"section","heading":"Amendment to motion","content":"150 Amendment to motion\n(1) Where an amendment to a motion is before a meeting, no other\namendment to the motion is to be considered until after the first\namendment has been put.\n(2) Not more than one motion or one proposed amendment to a motion\nmay be put before a meeting at any one time.\n(3) An amendment to a motion is to be in terms that retain the identity\nof the original motion and do not negate the motion.\n(4) A member who proposes or seconds a motion must not propose or\nsecond an amendment to the motion.\n(5) Where a motion is amended by another motion, the original motion\nis not to be put as a subsequent motion to amend the other motion.\n","sortOrder":160},{"sectionNumber":"151","sectionType":"section","heading":"Motion of dissent","content":"151 Motion of dissent\n(1) A member at a meeting may, without notice, move a motion of\ndissent in relation to a ruling of the Mayor on a point of order.\n(2) Where, under clause (1), a motion is moved, further consideration\nof the matter in relation to which the ruling of the Mayor was made\nis to be suspended until after the motion is put.\n(3) Where a motion moved under clause (1) is carried, the matter in\nrelation to which a ruling of the Mayor was made is to:\n(a) proceed as though the ruling had not been made; or\n(b) where as a result of the ruling the matter was discharged as\nout of order, be restored to the business paper and be dealt\nwith in the normal course of business.\n(4) Notwithstanding that the Mayor is chairing the meeting, the Mayor\nmay, where a motion is moved under clause (1), speak to the\nmotion and cast a deliberative vote in respect of it.\n\nKatherine Town Council By-laws 1998 75\n","sortOrder":161},{"sectionNumber":"152","sectionType":"section","heading":"Rescinding or altering resolutions","content":"152 Rescinding or altering resolutions\n(1) A resolution of the council may not be altered or rescinded:\n(a) unless a notice of a motion to alter or rescind the resolution is\ngiven at the meeting at which the resolution is passed; or\n(b) within 3 months after the date of the passing of the resolution,\nunless notice of motion is given in accordance with this Part to\nalter or rescind the resolution.\n(2) Where, in accordance with clause (1)(a), a notice of a motion to\nrescind a resolution is given, the resolution is not to be carried into\neffect, except as provided in clause (3), unless the motion is put\nand lost.\n(3) A resolution of the council referred to in clause (2) may be carried\ninto effect where the members present at the meeting, by\nresolution, defer consideration of the motion to rescind the\nresolution.\n(4) A resolution under clause (3) is not to defer consideration of the\nmotion for longer than 3 months.\n(5) Where a motion, of which notice in accordance with clause (1) is\ngiven, is lost, a motion to the same or similar effect may not be\nmoved until after the expiration of 3 months after the date on which\nthe first-mentioned motion was lost.\n(6) This by-law does not apply to a motion referred to in by-law 153.\n(7) Where a resolution of the council relates to a matter the subject of a\nprevious resolution passed by the council more than 3 months\nbefore the later resolution, the previous resolution is, to the extent\nthat it is inconsistent with the later resolution, altered or rescinded.\n","sortOrder":162},{"sectionNumber":"153","sectionType":"section","heading":"Procedural motions","content":"153 Procedural motions\n(1) A member at a meeting may, during the debate of a matter, move,\nas a procedural motion, that:\n(a) the question be put;\n(b) the debate be adjourned;\n(c) the meeting proceed to the next item of business;\n(d) the meeting stand adjourned;\n(e) the question lie on the table; or\n\nKatherine Town Council By-laws 1998 76\n(f) the council be resolved into committee of the whole.\n(2) A procedural motion that the question be put may be moved if not\nless than 2 members have spoken for and not less than 2 members\nhave spoken against the motion before the meeting, or an\namendment to the motion, and the procedural motion is moved by a\nmember who has not spoken in the debate of the motion or an\namendment to the motion.\n(3) Where a motion put under clause (2) is:\n(a) carried, the Mayor must immediately put the question to the\nmotion or the amendment to the motion; or\n(b) lost, debate on the motion or the amendment to the motion is\nto continue.\n(4) A procedural motion that the debate be adjourned may specify a\ntime or date, within the limits specified in clause (6), to which the\ndebate will be adjourned or, where the motion specifies no date a\nfurther motion may be moved, as a procedural motion, to specify\nthe a time or date to which the debate will be adjourned.\n(5) Where, under clause (4), no date or time is specified to which a\ndebate will be adjourned, the matter to which the procedural motion\nrelates is to be included in the business paper for the next ordinary\n(6) A procedural motion under clause (4) is not to adjourn debate on\nthe motion to a date that is more than 2 months after the date of the\nprocedural motion.\n(7) Where a procedural motion that the meeting proceed to the next\nitem of business is carried, debate on the motion is to cease and\nthe matter is to be removed from the business paper and may only\nbe considered again by the council on the giving of notice in\naccordance with this Part.\n(8) A procedural motion that the meeting stands adjourned may be\nmoved by a member at the conclusion of debate on a matter on the\nbusiness paper or at the conclusion of a member's time for\nspeaking to a matter and is, on being seconded, to be put without\ndebate.\n(9) Where a procedural motion under clause (8) is lost the Mayor is not\nbound to accept a similar motion until the expiration of 30 minutes\nafter the time the motion was lost.\n(10) A procedural motion that the meeting stands adjourned is to specify\na time for the resumption of the meeting unless a time has\n\nKatherine Town Council By-laws 1998 77\npreviously been resolved, and on resumption of the meeting the\ncouncil is to continue with the business before the meeting at the\npoint where it was discontinued on the adjournment of the meeting.\n(11) A procedural motion that the question lie on the table is to only be\nmoved where:\n(a) the Mayor or a member requires additional information on the\nmatter before the meeting; or\n(b) the result of some other action of the council or person is\nrequired before the matter may be concluded at a meeting.\n(12) Where a procedural motion under clause (11) is passed the council\nis to proceed with the next matter on the business paper.\n(13) A motion that a question be taken from the table may be moved in\nrespect of a matter the subject of a procedural motion under\nclause (11) at the meeting at which the procedural motion was\ncarried or at a later meeting.\n(14) Where a procedural motion that the council be resolved into\ncommittee of the whole is passed, the council is to immediately go\ninto committee and consideration of the matter that was before the\ncouncil at the time of the procedural motion is to continue in\ncommittee and is to not be considered further by the council except\non the report of the committee of the whole.\n(15) A procedural motion referred to in clause (1) may be moved at the\nconclusion of a speaker's time and the Mayor must, on the motion\nbeing moved and seconded, immediately put the motion without\npermitting debate on the motion.\n(16) Where a procedural motion referred to in clause (1)(a), (b) or (c) is\nlost, the member who moved the motion may not, until after the\nexpiration of 10 minutes after the motion was put, move a similar\nmotion.\n","sortOrder":163},{"sectionNumber":"154","sectionType":"section","heading":"Questions","content":"154 Questions\n(1) A member may at a meeting ask a question for reply by another\nmember or an officer or employee.\n(2) Such notice as the Mayor determines of a question under clause (1)\nis to be given to the member, officer or employee to whom it is\ndirected to permit consideration of a reply and, if necessary,\nreference to other persons or documents.\n\nKatherine Town Council By-laws 1998 78\n(3) A question under clause (1) is to be asked categorically and without\nargument, and no discussion is to be permitted at the meeting in\nrelation to a reply or a refusal to reply to the question.\n(4) Notwithstanding clause (2), a member, officer or employee of whom\na question is asked may, at the meeting at which the question is\nasked, request that the question be taken on notice for the next\nordinary meeting.\n(5) A member who asks a question at a meeting is deemed not to have\nspoken to the debate of the motion to which the question relates.\n","sortOrder":164},{"sectionNumber":"155","sectionType":"section","heading":"Mayor to take precedence","content":"155 Mayor to take precedence\nThe Mayor may, at any time during the debate of a matter at a\nmeeting, indicate an intention to speak and, on so doing, a member\nspeaking or proposing to speak to the debate is to cease speaking\nand remain silent or refrain from speaking until the Mayor has been\nheard.\n","sortOrder":165},{"sectionNumber":"156","sectionType":"section","heading":"Mode of addressing members and officers or employees","content":"156 Mode of addressing members and officers or employees\nA member is, at all times during a meeting, to address and refer to\nanother member or an officer or employee by the member's,\nofficer's or employees' official title or designation.\n","sortOrder":166},{"sectionNumber":"157","sectionType":"section","heading":"Limitation of number of speeches","content":"157 Limitation of number of speeches\n(1) A member who moves a motion has a right to speak to the motion\nand to an amendment proposed to it and has a right of reply.\n(2) A member at a meeting, not being a member who moves a motion,\nhas a right to speak once to the motion and to an amendment\nproposed to it.\n(3) Subject to clauses (4) and (5), a member at a meeting may not\nspeak for more than 5 minutes on a question before the meeting.\n(4) A member who moves a motion may not speak:\n(a) to the motion for longer than 10 minutes; and\n(b) in the member's right of reply for longer than 5 minutes.\n(5) Notwithstanding clause (3), where:\n(a) the members present at a meeting consent, a member's time\nto speak on a question before the meeting may be extended\nfor a further period, not longer than 5 minutes, determined by\nthe members; or\n\nKatherine Town Council By-laws 1998 79\n(b) a member considers that he or she has been misrepresented\nor misunderstood, the member may be permitted by the Mayor\nto answer, without further observation than is necessary, the\nmisrepresentation or misunderstanding.\n(6) A ruling of the Mayor under clause (5) is final and conclusive and is\nnot to be discussed or be the subject of a motion of dissent.\n","sortOrder":167},{"sectionNumber":"158","sectionType":"section","heading":"Priority of speaking","content":"158 Priority of speaking\nWhere 2 or more members at a meeting rise to speak at the same\ntime the Mayor is to decide which member will be heard first.\n","sortOrder":168},{"sectionNumber":"159","sectionType":"section","heading":"Members to stand when speaking","content":"159 Members to stand when speaking\nA member at a meeting is to stand when speaking to a matter being\nconsidered at the meeting unless:\n(a) prevented from doing so by a physical disability; or\n(b) the council has determined otherwise.\n","sortOrder":169},{"sectionNumber":"160","sectionType":"section","heading":"Imputation","content":"160 Imputation\nA member speaking at a meeting is not to make a personal\nreflection on, or impute an improper motive to, another member.\n","sortOrder":170},{"sectionNumber":"161","sectionType":"section","heading":"Question of order","content":"161 Question of order\n(1) A member is guilty of an act of disorder if, at a meeting, the\nmember:\n(a) is in breach of the Act or these By-laws;\n(b) uses language that, according to common usage, would be\nconsidered disorderly;\n(c) uses an expression inconsistent with good order or decorum;\nor\n(d) says or does anything calculated to bring the council into\ncontempt.\n(2) At a meeting the Mayor may, with or without the intervention of\nanother member, call a member to order where the Mayor\nconsiders the member is out of order.\n\nKatherine Town Council By-laws 1998 80\n(3) At a meeting a member may raise a question of order with the\nMayor where the member considers another member is:\n(a) guilty of an act of disorder; or\n(b) out of order.\n(4) Where, under clause (3), a question of order is raised, the Mayor is\nto rule on the question but may, before ruling, seek the opinions on\nthe question of the other members at the meeting.\n(5) A ruling of the Mayor made under clause (4) is to be obeyed except\nwhere a motion of dissent is subsequently passed in respect of the\nruling.\n(6) A member who, under clause (4), is ruled to be out of order more\nthan once at a meeting is guilty of an offence.\n(7) Where the Mayor, under clause (4), rules a member is guilty of an\nact of disorder, the Mayor may request the member to leave for the\nremainder of the meeting the place where the meeting is taking\nplace and to apologise, without reservation, to the other members\npresent.\n(8) A member must not refuse to leave the place where a meeting is\ntaking place on being requested to do so under clause (7).\n","sortOrder":171},{"sectionNumber":"162","sectionType":"section","heading":"Disorder","content":"162 Disorder\n(1) The Mayor may, where disorder arises at a meeting, adjourn the\nmeeting for 15 minutes and quit the chair.\n(2) Where, under clause (1), a meeting is adjourned, the Mayor is, on\nresumption of the meeting, to move a motion to determine whether\nthe meeting will proceed and that meeting is to be put without\ndebate.\n(3) Where a motion under clause (2) is lost, the Mayor is to declare the\nmeeting closed.\n","sortOrder":172},{"sectionNumber":"163","sectionType":"section","heading":"Business of objectionable nature","content":"163 Business of objectionable nature\nIf at a meeting the Mayor or a member considers that a matter\nbefore the meeting is objectionable, the Mayor may, on the Mayor's\nown motion or on that of another member, declare on a point of\norder that the matter not be considered further.\n\nKatherine Town Council By-laws 1998 81\nDivision 5 Attendance and non-attendance\n","sortOrder":173},{"sectionNumber":"164","sectionType":"section","heading":"Quorum not present","content":"164 Quorum not present\n(1) Where a meeting is postponed, that fact together with the names of\nthe members present at the time is to be recorded in the minutes\nkept by the council.\n(2) Where at a meeting a quorum of members is not present the Mayor\nis to suspend the meeting for a period of 30 minutes and, if at the\nexpiration of that period a quorum is not present, the names of the\nmembers present at the time are to be recorded in the minutes kept\nby the council and the Mayor is to adjourn the meeting to a later\ntime or to another date, as the Mayor thinks fit.\n(3) A member is taken to be present at a meeting if the member is in\nthe room in which the meeting is taking or is to take place and is\nseated at the place allocated to the member for the meeting.\n","sortOrder":174},{"sectionNumber":"165","sectionType":"section","heading":"Attendance of public and media at meetings","content":"165 Attendance of public and media at meetings\nAt a meeting:\n(a) an area at the place where the meeting is held is to be made\navailable for members of the public to attend the meeting, and\nas many of them as reasonably can be accommodated in the\narea are be permitted to attend the meeting; and\n(b) journalists may be present for the purpose of reporting on the\n","sortOrder":175},{"sectionNumber":"166","sectionType":"section","heading":"Removal of persons from meetings","content":"166 Removal of persons from meetings\n(1) A person, other than a member, who interrupts the orderly conduct\nof a meeting must, on being requested to do so by the Mayor,\nimmediately leave the place where the meeting is being held.\n(2) A person who fails to comply with a request of the Mayor under\nclause (1) may, on the order of the Mayor, be removed with such\nforce as is necessary from the place where the meeting is taking\nplace.\n","sortOrder":176},{"sectionNumber":"167","sectionType":"section","heading":"Public participation at meeting","content":"167 Public participation at meeting\nExcept when invited to do so by the members at a meeting or in\naccordance with by-law 144, a member of the public is not to take\npart, or attempt to take part, in the meeting.\n\nKatherine Town Council By-laws 1998 82\n","sortOrder":177},{"sectionNumber":"Div 7","sectionType":"division","heading":"Committees of council","content":"Division 7 Committees of council\n","sortOrder":178},{"sectionNumber":"168","sectionType":"section","heading":"Procedures for meetings of committees","content":"168 Procedures for meetings of committees\nSubject to the Act, the procedures for the conduct of a meeting of a\ncommittee are, except as otherwise provided by this Part, to be as\ndetermined from time to time by the members of the committee.\n","sortOrder":179},{"sectionNumber":"169","sectionType":"section","heading":"Meetings of committees","content":"169 Meetings of committees\nA meeting of a committee is to be held at the dates and times from\ntime to time determined by the council or the committee.\n","sortOrder":180},{"sectionNumber":"170","sectionType":"section","heading":"Disorder in committee","content":"170 Disorder in committee\nBy-laws 162 and 163 apply to and in relation to a meeting of a\ncommittee as if the meeting was a meeting of the council and the\nchairman of the committee was the Mayor.\n","sortOrder":181},{"sectionNumber":"171","sectionType":"section","heading":"Reports by committees","content":"171 Reports by committees\n(1) A report to the council by a committee is to be presented by the\nchairman of the committee or, in the chairman's absence, by\nanother member of the committee as the Mayor determines.\n(2) Where more than one recommendation is made by a committee in\na report to the council, the decision of the council in relation to each\nrecommendation may be taken separately.\n","sortOrder":182},{"sectionNumber":"172","sectionType":"section","heading":"Mode of proceeding in cases not provided for","content":"172 Mode of proceeding in cases not provided for\n(1) If, at a meeting of the council or a committee, a matter arises that is\nnot provided for, in part or in whole, by this Part, the matter is to be\ndealt with in accordance with a resolution of the council or the\ncommittee carried by not less than two thirds of the members\npresent at the meeting.\n(2) If, at a meeting of the council or a committee, a question arises\nrelating to the interpretation of this Part, the question is to be\ndetermined by reference to the 11th edition of Joske's Law and\nProcedures at Meetings in Australia by P.E. Joske.\n","sortOrder":183},{"sectionNumber":"173","sectionType":"section","heading":"Penalty","content":"173 Penalty\nThe penalty for an offence against this Part is 15 penalty units.\n\nKatherine Town Council By-laws 1998 83\n","sortOrder":184},{"sectionNumber":"173A","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"173A Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 1.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 1.\n","sortOrder":185},{"sectionNumber":"173B","sectionType":"section","heading":"When infringement notice may be given","content":"173B When infringement notice may be given\nIf an authorised person believes on reasonable grounds that a\nperson has committed an infringement notice offence, the\nauthorised person may give a notice (an infringement notice) to\nthe person.\n","sortOrder":186},{"sectionNumber":"173C","sectionType":"section","heading":"Contents of infringement notice","content":"173C Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person to whom it was issued, if\nknown;\n(b) the date the infringement notice is given to the person;\n(c) the date and time of the infringement notice offence and the\nplace at which the infringement notice offence occurred;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect to have the offence dealt with by a court\nby:\n(i) completing a statement of election and giving it to the\nspecified enforcement agency; and\n\nKatherine Town Council By-laws 1998 84\n(ii) not paying the prescribed amount;\n(c) if the Fines and Penalties (Recovery) Act 2001 applies to the\ninfringement notice offence – enforcement action may be\ntaken under that Act if the person does nothing in response to\nthe notice.\n(3) The infringement notice must include an appropriate form for\nmaking the statement of election mentioned in clause (2)(b)(i).\n","sortOrder":187},{"sectionNumber":"173D","sectionType":"section","heading":"Electronic payment and payment by cheque","content":"173D Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the payee's\nbank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n","sortOrder":188},{"sectionNumber":"173E","sectionType":"section","heading":"Expiation of offence","content":"173E Expiation of offence\nIf the prescribed amount for the infringement notice offence is paid\nin accordance with the infringement notice, the alleged offence is\nexpiated and no further proceedings can be taken in relation to the\noffence.\n","sortOrder":189},{"sectionNumber":"173F","sectionType":"section","heading":"Withdrawal of infringement notice","content":"173F Withdrawal of infringement notice\n(1) The council may withdraw the infringement notice by written notice\ngiven to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":190},{"sectionNumber":"173G","sectionType":"section","heading":"Application of Part","content":"173G Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) This Part does not:\n(a) require an infringement notice to be given; or\n\nKatherine Town Council By-laws 1998 85\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 8 Repeals, transitional matters and savings\nprovisions\n174 Repeal\nThe By-laws set out in Schedule 4 are repealed.\n175 Savings\n(1) Without limiting the generality of section 12 of the Interpretation\nAct 1978, all services, appointments, authorisations, permissions,\npermits, licences, rights, privileges, obligations and liabilities\nestablished, made, given, granted, acquired, accrued or incurred\nunder the By-laws repealed by by-law 174 that were operating or\nhaving effect immediately before the commencement of these\nby-laws, and all matters in process under those repealed By-laws\nimmediately before that commencement, are to continue, and may\nbe dealt with, as if established, made, given, granted, acquired,\naccrued, incurred or in process under the relevant corresponding\nprovisions of these By-laws, and those provisions are, with the\nnecessary changes, to be construed accordingly.\n(2) All registers kept and maintained under the by-laws repealed by\nby-law 174 are, on the commencement of these By-laws, to\nbecome part of the registers that are kept and maintained under\nthese By-laws.\n\nDivision 2 Transitional matters for Katherine Town Council Amendment By-laws 2023\nKatherine Town Council By-laws 1998 86\nDivision 2 Transitional matters for Katherine Town Council\nAmendment By-laws 2023\n176 Definitions\ncommencement means the commencement of by-law 3 of the\nKatherine Town Council Amendment By-laws 2023.\nrepealed, in relation to a by-law, means the by-law as in force\nimmediately before the commencement.\n","sortOrder":191},{"sectionNumber":"177","sectionType":"section","heading":"Determinations","content":"177 Determinations\nA determination made under repealed by-law 5 and in force\nimmediately before the commencement continues in effect as if it\nwere determined under by-law 5, as in force after the\ncommencement, until amended or revoked by the council.\n","sortOrder":192},{"sectionNumber":"178","sectionType":"section","heading":"Dog exercise areas and dog restriction areas","content":"178 Dog exercise areas and dog restriction areas\n(1) A dog exercise area declared under repealed by-law 51(1) is taken\nto be a dog exercise area declared under by-law 46H(1) as in force\nafter the commencement.\n(2) A dog restriction area declared under repealed by-law 51(2) is\ntaken to be a dog restriction area declared under by-law 46J(1) as\nin force after the commencement.\n","sortOrder":193},{"sectionNumber":"179","sectionType":"section","heading":"Pounds","content":"179 Pounds\nA pound established under repealed by-law 65 is taken to be a\npound established under by-law 64 as in force after the\ncommencement.\n","sortOrder":194},{"sectionNumber":"180","sectionType":"section","heading":"Continuation of library","content":"180 Continuation of library\n(1) The Katherine Public Library, and any branches of that library, as in\nexistence immediately before the commencement, are continued\nafter the commencement as the public library, as if they were\nestablished under by-law 114(1) as in force on the commencement.\n(2) The services provided by the Katherine Public Library, as in\nexistence immediately before the commencement, are continued as\nthe services provided by the public library as if they had been\ndetermined under by-law 114(2) as in force on the commencement.\n\n","sortOrder":195},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Katherine Town Council Amendment By-laws 2023","content":"Division 2 Transitional matters for Katherine Town Council Amendment By-laws 2023\nKatherine Town Council By-laws 1998 87\n","sortOrder":196},{"sectionNumber":"181","sectionType":"section","heading":"Registration of borrowers","content":"181 Registration of borrowers\n(1) A person registered as a resident borrower or a non-resident\nborrower under repealed by-law 114 immediately before the\ncommencement is taken to be registered as a borrower of library\nmaterial under by-law 115(1) as in force on the commencement.\nThe person may be registered according to a class of borrower and borrowing\nprivileges under by-law 115(1) as in force on the commencement.\n(2) A borrower's card issued under repealed by-law 116(1) and existing\nimmediately before the commencement is taken to be library\nidentification under by-law 117 as in force on the commencement.\n","sortOrder":197},{"sectionNumber":"182","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"182 Offence provisions – before and after commencement\n(1) The offence provisions, as amended or inserted on the\ncommencement, apply only in relation to offences committed after\nthe commencement.\n(2) The offence provisions, as in force immediately before the\ncommencement, continue to apply in relation to offences committed\nbefore the commencement.\n(3) For this by-law, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this by-law:\noffence provisions means the provisions of these By-laws that\ncreate or relate to offences (including in relation to criminal\nresponsibility, defences and penalties).\n\n","sortOrder":198},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Infringement notice offences and prescribed amounts","content":"Schedule 1 Infringement notice offences and prescribed amounts\nKatherine Town Council By-laws 1998 88\nSchedule 1 Infringement notice offences and prescribed\namounts\nby-law 173A\nProvision Prescribed amount\nin penalty units\nby-laws 26(2), 30(1), 32, 33(1) and (2), 46(1),\n46B(1), 46C(2), 46D(2), 46E(3), 46G(4), 46K(1)\nand (3), 55(2), 63(1), 75, 83(1), (3) and (4), 86(3)\nand (3A), 87(1) and (3), 91(1), 94(1), 95(1), 96(3),\n97(1), (2), (3) and (4), 98(2), 99(1), (2), (3), (4),\n(5), (6), (7) and (8), 100(1) and (2), 102(9), 109(2)\nand 110(2)\nby-laws 28B(1), (3) (4) and (5), 31A(1), 37(1),\n46F(2), 46K(2) and (4), 46L(2), 66(3), 71A(2),\n71B, 74(1) and (3), 88(1), 90(1) and 93(1)\nby-laws 51(3), 69(7), 71C(8) and 97(5) 3\nby-law 31B(1) 4\nby-law 52(2) 5\nby-laws 29(1), 29A(2) and (4) and 29B(6) 6\nby-law 53(2) 7\nby-laws 53(2) (for aggravated offence) and 59(1) 9\n\nKatherine Town Council By-laws 1998 89\nby-law 174\nYEAR NO.\nBy-laws of the Katherine Town Council 1982\nKatherine (Control of Dogs) 1992 14\nKatherine (Council Meetings and\nProcedures)\n1990 47\nKatherine (Parking) 1987\nKatherine Swimming Pool Complex 1982 23\nThe common seal of the Katherine Town Council is affixed in pursuance of a\nresolution of the council authorising the seal to be affixed passed on\nJ.B. FORSCUTT\nMayor\nG.D. PATTLE\nClerk\n\nKatherine Town Council By-laws 1998 90\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\nKatherine Town Council By-laws (SL No. 1, 1998)\nNotified 4 February 1998\nCommenced 4 February 1998\nAmendment of Katherine Town Council By-laws (SL No. 8, 2000)\nNotified 10 February 2000\nCommenced 10 February 2000\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nAmendments of Katherine Town Council By-laws (SL No. 41, 2002)\nNotified 30 October 2002\nCommenced 30 October 2002\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nKatherine Town Council Amendment By-laws (SL No. 5, 2011)\nNotified 8 June 2011\nCommenced 8 June 2011\n\nKatherine Town Council By-laws 1998 91\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)\nKatherine Town Council Amendment By-laws 2023 (SL No. 7, 2023 )\nNotified 28 April 2023\nCommenced 1 July 2023\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 34, 42, 105, 111 and\n175 and sch 2.\n4 LIST OF AMENDMENTS\nbl 3 amd No. 7, 2023, bl 4\nbl 4A ins No. 7, 2023, bl 5\nbl 5 – 6 sub No. 7, 2023, bl 5\nbl 7 rep No. 7, 2023, bl 5\nbl 9 amd No. 7, 2023, bl 37\npt 1\ndiv 2 hdg rep No. 7, 2023, bl 6\nbl 12 rep No. 7, 2023, bl 6\nbl 14 amd No. 7, 2023, bl 37\nbl 18 amd No. 7, 2023, bl 37\nbl 20 sub No. 7, 2023, bl 7\nbl 21 amd No. 5, 2011, bl 5\nsub No. 7, 2023, bl 7\nbl 22 amd No. 7, 2023, bl 8\nbl 26 amd No. 7, 2023, bl 9\npt 2\ndiv 1A hdg ins No. 7, 2023, bl 10\nbl 27A ins No. 7, 2023, bl 10\nbl 28 amd No. 7, 2023, bl 37\nbl 29 sub No. 7, 2023, bl 11\nbl 29A – 29B ins No. 7, 2023, bl 11\n\nKatherine Town Council By-laws 1998 92\npt 2\ndiv 2 hdg amd No. 7, 2023, bl 37\nbl 30 sub No. 7, 2023, bl 12\npt 2\ndiv 2A hdg ins No. 7, 2023, bl 13\nbl 31A – 31B ins No. 7, 2023, bl 13\npt 2\ndiv 3 hdg amd No. 7, 2023, bl 37\nbl 33 amd No. 7, 2023, bl 37\nbl 34 – 36 rep No. 7, 2023, bl 14\nbl 37 amd No. 7, 2023, bl 37\npt 3\ndiv 1 hdg amd No. 7, 2023, bl 15\nbl 37A – 37C ins No. 7, 2023, bl 16\nbl 40 hdg amd No. 7, 2023, bl 37\nbl 41 rep No. 7, 2023, bl 17\npt 3\nsdiv 1 hdg rep No. 7, 2023, bl 18\nbl 42 – 44 rep No. 7, 2023, bl 18\npt 3\nsdiv 2 hdg amd No. 7, 2023, bl 19\nbl 45 amd No. 7, 2023, bl 20\nbl 46 sub No. 7, 2023, bl 21\nbl 46A – 46L ins No. 7, 2023, bl 21\nbl 47 amd No. 5, 2011, bl 6\npt 3\nsdiv 4 hdg sub No. 7, 2023, bl 22\nbl 51 amd No. 5, 2011, bl 7\nsub No. 7, 2023, bl 22\nbl 52 amd No. 5, 2011, bl 8\nsub No. 7, 2023, bl 22\nbl 53 – 60 sub No. 7, 2023, bl 22\npt 3\nsdiv 5 – 8 hdg rep No. 7, 2023, bl 22\npt 3div 3 hdg ins No. 7, 2023, bl 22\nbl 61 – 63 sub No. 7, 2023, bl 22\npt 3\ndiv 4 hdg ins No. 7, 2023, bl 22\nbl 64 – 70 sub No. 7, 2023, bl 22\nbl 70A –70B ins No. 7, 2023, bl 22\npt 3\ndiv 5 hdg ins No. 7, 2023, bl 22\nbl 71 amd No. 7, 2023, bl 37\npt 3\ndiv 6 hdg ins No. 7, 2023, bl 23\nbl 71A – 71C ins No. 7, 2023, bl 23\nbl 74 amd No. 7, 2023, bl 37\nbl 76 – 79 amd No. 7, 2023, bl 37\nbl 80 amd No. 7, 2023, bl 24\nbl 82 amd No. 7, 2023, bl 25\npt 4\ndiv 2 hdg amd No. 7, 2023, bl 37\nbl 83 amd No. 7, 2023, bl 37\nbl 86 amd No. 41, 2002; No. 5, 2011, bl 9; No. 7, 2023, bl 37\n\nKatherine Town Council By-laws 1998 93\nbl 88 amd No. 7, 2023, bl 37\nbl 90 – 91 amd No. 7, 2023, bl 37\nbl 93 amd No. 7, 2023, bl 26\nbl 94 amd No. 7, 2023, bl 37\nbl 97 amd No. 7, 2023, bl 37\npt 4\ndiv 6 hdg amd No. 7, 2023, bl 37\nbl 98 amd No. 7, 2023, bl 27\nbl 99 amd No. 7, 2023, bl 37\nbl 100 amd Act No. 44, 2005, s 35; No. 7, 2023, bl 28\nbl 102 amd No. 7, 2023, bl 37\nbl 105 amd Act No. 18, 2004, s 3\nbl 107 amd Act No. 3, 2001, s 9\nbl 109 amd No. 7, 2023, bl 37\npt 5 hdg amd No. 7, 2023, bl 37\nbl 110 amd No. 7, 2023, bl 37\nbl 111 sub No. 7, 2023, bl 29\nbl 111A ins No. 7, 2023, bl 29\npt 6 hdg sub No. 5, 2011, bl 10; No. 7, 2023, bl 30\npt 6\ndiv 1 hdg rep No. 5, 2011, bl 10\nins No. 7, 2023, bl 30\nbl 112 sub No. 5, 2011, bl 10\namd No. 7, 2023, bl 31\nbl 113 sub No. 5, 2011, bl 10\namd No. 7, 2023, bl 37\nbl 114 – 122 sub No. 5, 2011, bl 10; No. 7, 2023, bl 32\npt 6\ndiv 2 hdg sub No. 5, 2011, bl 10; No. 7, 2023, bl 32\nbl 123 – 125 sub No. 5, 2011, bl 10; No. 7, 2023, bl 32\nbl 126 – 129 rep No. 5, 2011, bl 10\nins No. 7, 2023, bl 32\npt 6\ndiv 3 hdg ins No. 7, 2023, bl 32\nbl 130 rep No. 5, 2011, bl 10\nins No. 7, 2023, bl 32\nbl 131 – 136 rep No. 5, 2011, bl 10\nbl 137 amd Act No. 28, 2008, s 4\nbl 140 – 141 amd No. 7, 2023, bl 37\nbl 144 amd No. 7, 2023, bl 37\nbl 164 amd Act No. 28, 2008, s 4\nbl 168 amd Act No. 28, 2008, s 4\nbl 172 – 173 amd No. 7, 2023, bl 37\npt 7A hdg ins No. 7, 2023, bl 33\nbl 173A –\n173G ins No. 7, 2023, bl 33\npt 8 hdg sub No. 7, 2023, bl 34\npt 8\ndiv 1 hdg ins No. 7, 2023, bl 34\npt 8\ndiv 2 hdg ins No. 7, 2023, bl 35\nbl 176 – 181 ins No. 7, 2023, bl 35\nsch 1 sub No. 7, 2023, bl 36\nsch 2 sub No. 8, 2000\namd Act No. 8, 2016, s 45; Act No. 39, 2019, s 370\nrep No. 7, 2023, bl 36\nsch 3 sub No. 5, 2011, bl 11\nrep No. 7, 2023, bl 36","sortOrder":199}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1998 by-laws have clearly evolved significantly over time — this is the 18th reprint (REPL018R6), indicating substantial amendment over 25 years. The split administrative responsibility (with the NT Electoral Commission now handling Chapter 8) suggests the scope has expanded or been reorganised since the original enactment to incorporate electoral matters as a distinct and separately managed chapter."},"complexity_factors":["Split administration between two agencies (Department of Housing, Local Government and Community Development and the NT Electoral Commission) creates potential ambiguity about enforcement responsibilities","The document is a reprint (REPL018R6), meaning it consolidates multiple amendments over 25+ years — the full operative text may contain layers of changes that are not visible here","Local government by-laws intersect with Northern Territory legislation, meaning readers may need to cross-reference the Local Government Act and other NT laws to understand full context","Limited information is provided in the excerpt — the actual substantive content of the by-laws is not shown, making a full assessment difficult","Chapter 8 (elections) is a specialised area governed by electoral law principles, adding a distinct layer of complexity to an otherwise local administrative document"],"plain_english_summary":"The Katherine Town Council By‑Laws 1998 (reprinted and consolidated, effective 1 July 2023) set the local legal rules for how the council operates and how public spaces, activities and services in Katherine are managed. They affect residents, visitors, local businesses, council staff and anyone using town facilities.\n\nThey matter because they govern everyday conduct, permissions and penalties for breaches; most are administered by the Department of Housing, Local Government and Community Development, with elections handled by the NT Electoral Commission."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":864},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2023 amendments significantly expanded the scope. Originally focused on basic local government functions, the by-laws now include: a comprehensive dangerous dog regime with mandatory desexing and training requirements; new commercial waste management facilities with inspection powers; expanded animal welfare provisions including abandonment offences; modernised library borrowing systems with class-based privileges; and a complete infringement notice scheme (Part 7A) allowing council officers to issue fines directly. The animal management provisions grew from simple registration to a multi-tiered control system with exercise areas, restriction areas, and specific containment standards."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., 'see by-law 37A' appears repeatedly)","Multiple defined terms with Part-specific meanings (e.g., 'at large', 'effective control', 'owner' have different definitions in Part 3)","Nested conditional logic in offence provisions — many offences have strict liability defaults with explicit defences requiring evidential burdens","Complex procedural requirements for council meetings with multiple motion types, time limits, and suspension rules","Tiered penalty structure with 9 different penalty unit levels across Schedule 1","Transitional provisions preserving pre-2023 arrangements while introducing new frameworks","Incorporation of external legislation by reference (Criminal Code, Traffic Regulations 1999, Local Government Act 2019)"],"plain_english_summary":"**What this legislation does:**\n\nThis is the rulebook for how the Katherine Town Council (in the Northern Territory) manages day-to-day life in the town. It covers everything from your rubbish bins to your dog, from parking your car to borrowing library books.\n\n**Key areas covered:**\n\n- **Rubbish and waste:** Rules about garbage collection, what bins you must use, keeping them clean, and where commercial waste can go. The council can make you clean up litter on your property.\n\n- **Animals (especially dogs):** Dogs must be registered and wear tags. Owners must keep dogs under control, properly fenced at home, and on a leash in public (except in designated \"dog exercise areas\"). There are special strict rules for \"dangerous dogs\" — including mandatory desexing, muzzling in public, and warning signs on your property. The council can seize and impound stray or problem dogs, and may destroy them after holding them for 4 business days if unclaimed.\n\n- **Public places:** Rules about roads, footpaths, parks, and the town mall. You need permits for things like building crossings over footpaths, planting trees, putting up signs, selling things from stalls, or camping. There are speed limits for boats near swimming areas and vehicles in malls.\n\n- **Library:** How to borrow books, what happens if you're late or lose items, and behaviour rules (no animals except assistance dogs, no disturbing others).\n\n- **Council meetings:** Detailed procedures for how council meetings run — how motions are moved and seconded, speaking time limits (usually 5 minutes), how the public can attend, and how disorder is handled.\n\n- **Parking:** Rules for council-controlled parking areas, including staying in marked bays and paying fees.\n\n- **Infringement notices:** A system where council officers can issue on-the-spot fines for many offences instead of taking you to court.\n\n**Who it affects:**\nEveryone living in, visiting, or doing business in Katherine — residents, dog owners, drivers, businesses, market stallholders, library users, and anyone using public spaces.\n\n**Why it matters:**\nThese by-laws set the ground rules for community life — keeping streets clean and safe, managing noise and animal problems, ensuring fair use of public facilities, and letting the council function democratically. Breaking them can result in fines (from 1 to 100 \"penalty units\" depending on the offence), impoundment of animals, or being banned from public places."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The by‑laws, first made in 1998, have expanded in scope via later amendments (especially the Katherine Town Council Amendment By-laws 2023). New substantive regulatory areas and enforcement mechanisms were added or modernised: for example, a formalised commercial‑waste and waste‑management facility regime (by‑laws 27A–29B), a detailed dog identification and dangerous‑dog regime including mandatory microchipping/tagging and owner duties (by‑laws 46A, 56–60), and a stand‑alone infringement notice/expiation scheme (Part 7A, by‑laws 173A–173G and Schedule 1). Operational modernisations were added too (on‑street parking payment and online systems at by‑law 111A, an explicit signs code procedure at by‑law 86). These changes move the instrument beyond a narrow local order/maintenance role to a broader regulatory and administrative enforcement regime with substantial delegated discretion and revenue/recovery mechanisms (fees, fines, cost recovery) that materially increase the by‑laws' reach over private conduct and municipal service delivery."},"complexity_factors":["Comprehensive coverage across many policy areas (waste, animals, public places, parking, library, meetings, markets, enforcement) — many Parts and Divisions","Multiple interpretation/definition blocks spread over the instrument (central definitions in by‑law 3; specific Part definitions in by‑law 37A for animals and by‑law 112 for library); cross‑use of defined terms","Numerous strict‑liability offences and many offences with specific defences referencing evidential burdens under the Criminal Code (eg. by‑laws 26(1C), 29(3), 29A(7) etc.)","Heavy use of delegated discretion — council determinations, CEO decisions and authorised officers' powers (by‑laws 5, 6, 46H/46J, 56, 60, 64–70) increase interpretive and administrative complexity","Infringement notice scheme incorporated with Schedule 1 and cross‑references to many offence clauses (Part 7A, by‑laws 173A–173G plus Schedule 1)","Multiple conditional rules, nested exceptions and time limits (eg. registration expiries, notice periods for showing cause, pound retention periods, transitional provisions)","Interlocks with external statutes and documents (Criminal Code Part IIAA, Local Government Act, signs code approved by council) that require external reference for full understanding","Extensive amendment and transitional material (2023 amendments and historical amendment notes) that affect which provisions apply pre/post‑commencement (by‑laws 174–181 and endnotes)"],"plain_english_summary":"**What these By-laws do (mechanically)\n\n- Set rules for behaviour, property use and local services within the Katherine municipality — covering garbage and waste, animals (esp. dogs), public places (roads, trees, signs, malls, swimming pools), parking, the public library, stallholders/markets, council meetings, enforcement and penalties. (See whole instrument; key provisions noted below.)\n\n- Give the council and its CEO powers to make determinations, set fees, issue licences/permits, run registers and enforce compliance (by written notices, seizure, fines, expiation/infringement notices and, in some cases, destruction of animals). (See by‑laws 5, 6, 10, 11, 14–16, 64–70, 173A–173G.)\n\n- Create a schedule of infringement notice offences and prescribe amounts for them so authorised officers can issue on‑the‑spot fines; also preserve court prosecution as an alternative. (Part 7A, by‑laws 173A–173G and Schedule 1.)\n\n**Who this affects\n\n- Residents and occupiers of premises in the Katherine municipality: duties on waste handling, premises maintenance, parking, fences, crossings, trees and signs (e.g. by‑laws 23–26, 31, 73–81, 83–86).\n- Dog owners and people keeping other animals: detailed registration, containment, microchipping/tagging, licensing of premises, dangerous‑dog controls and pound procedures (by‑laws 45–71, 112 and 64–70).\n- Businesses and market/stallholders: licences, stall permits and market rules; commercial‑waste obligations and fees; restrictions on trading/activity in public places (by‑laws 27A–29B, 105–109, 99).\n- Users of public spaces (shoppers, pool users, motorists, cyclists): conduct rules, bicycle/vehicle restrictions, parking rules and fees (by‑laws 72–111A, 101–104).\n- Persons and organisations dealing with the council (applicants for permits, those issued notices, people receiving services): subject to council determinations, appeals and reviewable decisions (by‑laws 5, 14–16, 120, 129).\n\n**How it works in practice (select mechanics)\n\n- Council discretion and publications: the council \"determines\" fees/conditions and must publish notices of determinations (by‑law 5). Many actions require council resolution, notice in a local paper, or an approved form (e.g. declaring dog exercise/restricted areas by‑laws 46H/46J; signs code by‑law 86).\n\n- Licensing and registration: many activities require an application, fee and council approval (by‑laws 14–16, 47, 62). Dog registration is compulsory (except assistance dogs) and may carry conditions (by‑law 45(1AA), 46A, 46D).\n\n- Enforcement tools: authorised officers can issue notices requiring corrective work (by‑law 10), seize and impound animals (by‑laws 64–66), remove litter and recover costs (by‑law 29B), give infringement notices (Part 7A) or prosecute in court. Many offences are strict liability (i.e. no need to prove intent) and some carry continuing daily penalties (by‑laws 18, 21, and many offence clauses marked strict liability).\n\n- Animal control specifics: definitions and containment standards (by‑laws 37A–37C, 37B); detailed dangerous dog regime (declaration, owner duties, desexing, muzzling, signage and possible surrender) (by‑laws 56–60); pound retention periods and humane‑destruction rules (by‑laws 70–70B).\n\n- Waste and litter: council may operate waste facilities and charge for dumping; commercial waste must generally be deposited at authorised facilities (by‑laws 27A–29B). Authorised officers can direct removal of litter and recover costs if owners fail to comply (by‑law 29B).\n\n- Infringement scheme: lists which by‑laws can be dealt with by infringement notice, sets prescribed amounts (Schedule 1) and provides for expiation, withdrawal and court election (Part 7A, by‑laws 173A–173G).\n\n**Official purpose statements and practical test\n\n- The by‑laws state an animal‑management purpose: to enable keeping animals compatibly with \"congenial living\" (by‑law 38). More generally the instrument implements local regulation of public safety, cleanliness, property use and municipal services.\n\n- Practical trade‑offs and implementation risks (linked to specific provisions):\n  - Compliance burden on individuals: microchipping and tag requirements, registration renewals, licensing of premises and limits on numbers of animals (by‑laws 46A, 45, 46L, 47) impose time and monetary costs on owners.\n  - Revenue and cost recovery by council: fee and determination powers permit the council to recover costs for services or remedial works (by‑laws 5, 11, 27A(4), 67(2)). The mechanism is explicit (council sets fees and may recover expenses as a debt).\n  - Enforcement intensity and procedural risk: widespread use of strict‑liability offences (many clauses) and a local infringement regime speed enforcement, but increase the importance of clear notices, accurate record‑keeping and lawful exercise of discretion (by‑laws 4A, 6, 173A–173G). There is an evidential burden and statutory defence in some places referencing the Criminal Code (see notes to various clauses referring to section 43BU).\n  - Administrative discretion: many operative choices rest with the council or CEO (declaring dog areas, approving signs code, setting maximum dogs per premises, publishing notices of hours/conditions for facilities). That concentrates decision‑making in local administration and requires transparent publication (by‑laws 5, 46H/46J, 86(2A), 111A).\n  - Substitution and avoidance effects: rules that limit on‑street disposal of commercial waste and set dumping fees (by‑laws 29, 29A) create incentives that could shift behaviour (e.g. different disposal choices) unless access, hours and fees are set to match demand. The by‑laws give council control of hours/conditions for facilities but require publication (by‑law 28(3)).\n  - Implementation costs and systems: the by‑laws require registers (by‑law 6), published notices and, for parking, installation of payment equipment and online systems (by‑law 111A), so there are upfront IT/operational costs the council must meet.\n\n**Who pays, who decides, what changes behaviour (plain)**\n- Who pays: persons using services or violating rules — fees, maintenance/release costs, fines and costs of remedial council work are recoverable from the responsible person (by‑laws 5, 11, 67(2), 29B(5), Schedule 1).\n- Who decides: council by resolution and the CEO/authorised officers exercise delegated powers (by‑laws 5, 6, 46H/46J, 56, 60). Many acts require publication or formal notice to take effect.\n- Behaviour changed: dog owners must register, contain and control animals; occupiers must keep premises clear of weeds/litter; businesses must use authorised waste facilities or face offences; public users must comply with rules for malls, pools and parking; stallholders require permits.\n\n**Key cross‑references and procedural notes**\n- Criminal responsibility principles apply (Criminal Code Part IIAA referenced at by‑law 4A; various by‑laws refer to evidential burdens under s.43BU of the Criminal Code).\n- Infringement schedule is part of the enforcement apparatus (Part 7A and Schedule 1).\n\n**Representative provision references (not exhaustive)**\n- Fee/determination powers: by‑law 5\n- Registers: by‑law 6\n- Waste/waste facility rules and commercial waste offences: by‑laws 27A–29B\n- Dog registration, identification, containment, exercise/restricted areas, dangerous dog rules: by‑laws 45–60 (and definitions 37A–37C)\n- Pound, seizure and disposal: by‑laws 64–70B\n- On‑street/off‑street parking and online payment: by‑laws 110–111A\n- Infringement notices and prescribed amounts: Part 7A (by‑laws 173A–173G) and Schedule 1\n- Library and borrower rules: by‑laws 112–129\n\nThis summary focuses on what the by‑laws require and how they operate mechanically. It does not evaluate their policy desirability but highlights the mechanisms that create compliance costs, administrative discretion and enforcement pathways."}},"importantCases":[],"_links":{"self":"/api/acts/katherine-town-council-by-laws-1998","history":"/api/acts/katherine-town-council-by-laws-1998/history","analysis":"/api/acts/katherine-town-council-by-laws-1998/analysis","conflicts":"/api/acts/katherine-town-council-by-laws-1998/conflicts","importantCases":"/api/acts/katherine-town-council-by-laws-1998/important-cases","documents":"/api/acts/katherine-town-council-by-laws-1998/documents"}}