{"id":"mataranka-community-government-council-litter--bylaws-1987","name":"MATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER) BY-LAWS 1987","slug":"mataranka-community-government-council-litter-by-laws-1987","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176996,"registerId":"nt-mataranka-community-government-council-litter--bylaws-1987-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"MATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER) BY-LAWS 1987","content":"NORTHERN TERRITORY OF AUSTRALIA\nMATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER)\nBY-LAWS 1987\nAs in force at 7 October 1987\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Application ....................................................................................... 1\n3 Definitions ........................................................................................ 1\n4 Littering public place ........................................................................ 1\n5 Fouling public place ......................................................................... 2\n6 Leaving rubbish bin in public place .................................................. 2\n7 Causing &c., spread of litter............................................................. 2\n8 Littering from vehicles ...................................................................... 2\n9 Land to be clean and free from litter ................................................ 2\n10 Occupier to provide rubbish bin ....................................................... 3\n11 Interference with rubbish bins .......................................................... 4\n12 Rubbish bins to be returned............................................................. 4\n13 Council dumps ................................................................................. 4\n14 Offences at dumps .......................................................................... 5\n15 Hindrance of authorized officer ........................................................ 5\n16 Offences .......................................................................................... 5\n17 Election to pay fixed penalty ............................................................ 5\n18 Publication of By-laws ..................................................................... 6\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 7 October 1987\n____________________\nMATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER)\nBY-LAWS 1987\nBy-laws under the Local Government Act 2008\n1 Short title\nThese By-laws may be cited as the Mataranka Community\nGovernment Council (Litter) By-laws 1987.\n2 Application\nThese By-laws apply within the community government area.\n3 Definitions\nIn these By-laws, unless the contrary intention appears:\nauthorized officer means an officer authorized by the council for\nthe purposes of these By-laws.\ncommunity government area means the area described in\nclause 3 of the Mataranka Community Government Scheme.\ncouncil means the Mataranka Community Government Council.\nland includes buildings or temporary structures other than a\nbuilding or structure used exclusively as a private dwelling.\nlitter means litter, garbage, rubbish, drink cans, refuse or waste\nmatter, and includes a dead animal.\npublic place means a place open to, or used by, the public.\n4 Littering public place\n(1) Subject to clause (2), a person shall not sweep, throw, spill, drop or\notherwise place litter in or on a public place.\n(2) Clause (1) does not prevent the lawful placing of litter in:\n(a) a rubbish bin provided by the council for that purpose;\n\nMataranka Community Government Council (Litter) By-laws 1987 2\n(b) a rubbish bin, box or other container for household litter; or\n(c) a garbage dump owned, operated or controlled by the council.\n5 Fouling public place\nA person shall not foul a public place:\n(a) by spitting, urinating or defecating in or onto it; or\n(b) in any other manner.\n6 Leaving rubbish bin in public place\nA person shall not place or allow to be placed a rubbish bin, box or\nother container for household litter in or on a public place other than\nin accordance with by-law 10(1)(g).\n7 Causing &c., spread of litter\nAn occupier or, where there is no occupier, the owner of land shall\nnot cause or allow litter to spread from the land onto a public place\nor adjoining land.\n8 Littering from vehicles\nA person driving a vehicle on a road shall not permit or allow litter to\nfall or otherwise be dropped from the vehicle onto the road or land\nadjoining the road.\n9 Land to be clean and free from litter\n(1) The occupier or, where there is no occupier, the owner of land shall\nkeep that land clean and free from litter.\n(2) An authorized officer, who believes on reasonable grounds that\nland is not clean and free from litter, may enter the land for the\npurpose of making an inspection to decide whether the land is\nclean and free from litter.\n(3) Where an authorized officer has made an inspection referred to in\nclause (2) of the land and is, after the inspection, of the opinion that\nthe land is not clean and free from litter, he may serve on the\noccupier or, where there is no occupier, the owner of the land, a\nnotice in a form approved by the council directing him, within the\nperiod specified in that notice, to cause the land to be clean and\nfree from litter.\n(4) The person upon whom the notice referred to in clause (3) is served\nshall comply with the notice within the period specified in the notice.\n\nMataranka Community Government Council (Litter) By-laws 1987 3\n(5) Where the person on whom a notice under clause (3) has been\nserved has not complied with the notice within the period specified\nin the notice, an authorized officer may, with such agents or\nworkmen as he thinks fit for the purpose, enter the land to which\nthat notice relates, and carry out, or cause to be carried out, the\nwork necessary to render the land clean and free from litter.\n10 Occupier to provide rubbish bin\n(1) An occupier of land shall:\n(a) provide on the land one or more removable rubbish bins for\nthe purpose of holding all litter produced on the land, each of\nwhich shall:\n(i) have a capacity of not more than .05 m³;\n(ii) be moisture proof and vermin proof;\n(iii) have a close fitting lid; and\n(iv) be fitted with handles for convenience in moving and\nemptying it;\n(b) maintain the rubbish bin in good order and condition and not\ncause or permit it to attract or harbour flying insects or vermin,\nto become unsightly or cause an offensive odour or otherwise\nto become or cause a danger to public health or to interfere\nwith or affect the comfort of persons occupying, using or\npassing through or along neighbouring land;\n(c) ensure that the lid of the rubbish bin is at all times kept closely\nfitted to the bin except where the lid is removed for the\npurpose of placing litter in it or removing litter from it;\n(d) subject to clause (2), ensure that litter produced on the land is\nplaced in the rubbish bin;\n(e) cause all wet litter to be effectively wrapped before it is placed\nin a rubbish bin;\n(f) where required by an authorized officer or an order of the\ncouncil, indelibly mark or paint on the lid and body of the\nrubbish bin the number of the lot of land occupied by him, his\nname and such other information as is required by the officer\nor order;\n(g) on the day or days and at the time notified by the council\ncause the rubbish bin to be placed on the footpath outside the\nland in such a position as to enable the garbage collector\n\nMataranka Community Government Council (Litter) By-laws 1987 4\naccess to the contents of it, and replace, or cause it to be\nreplaced, on the land after the contents have been removed;\nand\n(h) cause the rubbish bin to be thoroughly cleansed with\nantiseptic not less than once in each 4 week period.\n(2) Clause (1)(d) does not prevent the lawful destruction by fire of litter\ncapable of being so destroyed.\n11 Interference with rubbish bins\nA person shall not touch, use, remove, mark, damage or otherwise\ninterfere with a rubbish bin provided for land or in a public place\nunless he is:\n(a) the occupier of the land or, as the case may be, the person or\nbody by whom the bin was provided;\n(b) a person acting with the express or implied consent of the\noccupier, person or body referred to in paragraph (a);\n(c) an agent or servant of the council acting within the scope of\nhis duties; or\n(d) a contractor or agent or servant of a contractor of the council\nacting in the due performance of the contract.\n12 Rubbish bins to be returned\nA person engaged in the removal or collection of litter on behalf of\nthe council shall, after emptying the contents of a rubbish bin,\nreplace the lid tightly on it and return it to its former location.\n13 Council dumps\nWhere the council establishes a garbage dump, it shall cause a\nnotice to be circulated in the community government area, which\nshall specify:\n(a) that the dump has been established;\n(b) the location of the dump;\n(c) the hours during which and the days on which the dump shall\nbe open for the dumping of litter;\n(d) the class or classes of litter which may be placed on the\ndump; and\n(e) such further or other conditions as the council thinks fit.\n\nMataranka Community Government Council (Litter) By-laws 1987 5\n14 Offences at dumps\nA person shall not, in respect of a dump referred to in by-law 13:\n(a) place litter on the dump except during the hours and on the\ndays specified in the notice under that by-law relating to that\ndump;\n(b) place litter on the dump unless the litter is of the class or\nclasses specified in that notice;\n(c) enter or remain on the dump except for the purpose of placing\nlitter on it, unless he is a servant or agent of the council acting\nwithin the scope of his duties, or a contractor or servant or\nagent of a contractor of the council acting in the due\nperformance of a contract;\n(d) remove litter from the dump without the approval of the council\nin writing; or\n(e) fail to comply with a direction of an authorized officer with\nrespect to the place or manner in which he is to place litter on\nthe dump.\n15 Hindrance of authorized officer\nA person shall not obstruct, hinder or impede an authorized officer,\nor a person acting in good faith assisting the authorized officer, in\nthe exercise of the powers or the performance of the functions\nconferred or imposed under these By-laws on that authorized\nofficer.\n16 Offences\nA person who contravenes or fails to comply with these By-laws is\nguilty of an offence.\nPenalty: $200.\n17 Election to pay fixed penalty\n(1) Where it appears to an authorized officer that a person has\ninfringed these By-laws the officer may serve on that person a\nnotice of infringement in accordance with the form in the Schedule.\n(2) A person on whom a notice of infringement is served may, within a\nperiod of 14 days beginning with the date on which it is served, pay\nto the clerk of the council a penalty of $20 in respect of the\ninfringement alleged.\n\nMataranka Community Government Council (Litter) By-laws 1987 6\n(3) A prosecution shall not be brought against a person for an\ninfringement of these By-laws in respect of which he has paid a\npenalty in accordance with clause (2).\n18 Publication of By-laws\n(1) Section 57 of the Interpretation Act 1978 does not apply to these\nBy-laws.\n(2) Copies of these By-laws shall be available for inspection by\nmembers of the public during office hours at the office of the\ncouncil.\n\nSchedule\nMataranka Community Government Council (Litter) By-laws 1987 7\nSchedule\nNORTHERN TERRITORY OF AUSTRALIA\nMataranka Community Government Council (Litter) By-laws 1987\nBy-law 17(1)\nNOTICE OF INFRINGEMENT\nTo ...................................................……………………………………………….\n(name)\nof ...................................................………………………………………………...\n(address, if known)\nYou are alleged to have committed an offence against the above By-law by –\n[ ] littering a public place;\n[ ] fouling a public place;\n[ ] placing a rubbish bin in a public place or allowing it to be so\nplaced;\n[ ] causing or allowing litter to spread from land;\n[ ] littering from a vehicle;\n[ ] failing to keep land free from litter;\n[ ] failing to comply with paragraph .... of by-law 10(1);\n[ ] interfering with a rubbish bin;\n[ ] failing to return a rubbish bin in accordance with by-law 12;\n[ ] contravening paragraph .... of by-law 14;\n[ ] hindering an authorized officer.\n(tick box as appropriate, and insert paragraph reference where\nnecessary)\nThe offence is alleged to have taken place at\n.............................................................................................................................\n(place)\non .........………………………………................ at .……………........................\n(date) (time)\nYou may choose to have the alleged offence:\n\nSchedule\nMataranka Community Government Council (Litter) By-laws 1987 8\n(a) prosecuted in a court of competent jurisdiction; or\n(b) disposed of without prosecution by paying a fixed penalty of\n$20.\nIf you choose option (b), you must pay the $20 to the clerk of the Mataranka\nCommunity Government Council, at the council office and within 14 days\nbeginning with the date of service of this notice\nDated ...../...../19....\nCouncil Officer\n\nENDNOTES\nMataranka Community Government Council (Litter) By-laws 1987 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMataranka Community Government Council (Litter) By-laws\nNotified 7 October 1987\nCommenced 7 October 1987\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1 and 18 and sch.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No substantive change to the regulatory scope is recorded in the supplied text. The endnotes state only that formal amendments of a non‑substantive nature were made to by‑law 1, by‑law 18 and the Schedule (Interpretation Legislation Amendment Act 2018). Obligations, offences, penalties and enforcement mechanics in the by‑laws themselves remain as originally set out in the instrument provided."},"complexity_factors":["Range of regulated activities (dropping, spreading, fouling, vehicle littering, interference with bins, dump use) increases points of compliance (by‑laws 4–9, 11, 14).","Detailed technical and behavioural requirements for occupiers (specified bin capacity and construction, lid rules, weekly cleansing) create precise compliance obligations (by‑law 10(1)(a)–(h)).","Enforcement powers give authorised officers inspection and entry rights, power to serve notices and to enter with agents to carry out work if notices are ignored (by‑law 9(2)–(5)); this concentrates administrative discretion in officers.","Dual enforcement pathway: court prosecution (penalty $200) or fixed‑penalty notice option ($20) with prescribed form and 14‑day payment window (by‑laws 16–17 and Schedule), creating procedural choices for enforcement and respondents.","Operational rules for council contractors and rubbish collectors (returning bins, authorised interference exceptions) require coordination between council, contractors and residents (by‑laws 11–12).","Interaction with enabling statute and publication requirements: by‑laws are made under the Local Government Act 2008 and have a specific publication/inspection regime (header and by‑law 18), meaning administrative law and local government processes apply."],"plain_english_summary":"These by‑laws set rules for litter, household rubbish bins and council dumps within the Mataranka community government area. They make it an offence to drop, spread or leave litter, foul public places, interfere with bins, litter from vehicles, or breach dump conditions, and provide for fixed‑penalty notices.\n\nThey require occupiers to supply and maintain specified removable, vermin‑proof bins, empower authorised officers to inspect land, issue clean‑up orders and carry out work if ignored. Affects residents, landowners, drivers, waste collectors and council contractors."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of litter control and waste management in the Mataranka community government area. The 2018 amendments noted in the endnotes are described as 'general amendments of a formal nature' affecting only the short title, publication clause, and schedule – these appear to be machinery amendments to update references (likely due to the Interpretation Act changes) rather than substantive expansion of scope."},"complexity_factors":["Only 5 defined terms in the interpretation section (authorized officer, community government area, council, land, litter, public place)","Straightforward structure with 18 short clauses, each addressing a specific practical issue","Minimal cross-referencing – most clauses are self-contained","Simple conditional logic (e.g., 'where there is no occupier, the owner' appears predictably in clauses 7, 9, and 10)","One nested exception in by-law 10(2) regarding destruction of litter by fire","Practical, prescriptive requirements (e.g., bin specifications in by-law 10(1)(a)) rather than abstract legal concepts","Single penalty provision ($200) with one alternative enforcement mechanism (fixed penalty)","No complex transitional provisions, regulations-making powers, or delegated legislative frameworks"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws are local rules made by the Mataranka Community Government Council (in the Northern Territory) to keep the town clean and control litter. They set out what residents and visitors can and cannot do with rubbish, and give council officers powers to enforce the rules.\n\n**Who it affects:**\n\n- **Residents and property owners** – must keep their land clean, provide proper rubbish bins, and follow collection rules\n- **Drivers** – cannot throw litter from vehicles\n- **Anyone in public** – cannot litter, spit, urinate, or defecate in public places\n- **Council officers** – have powers to inspect land, issue notices, and enter property to clean up\n\n**Key rules:**\n\n- **Don't litter** – You cannot throw rubbish in public places, except in proper bins or council dumps\n- **Keep your property clean** – Owners and occupiers must keep land free of litter and provide vermin-proof rubbish bins with lids\n- **Bin rules** – Bins must be put out for collection on specified days, then removed promptly; they must be cleaned every 4 weeks\n- **No interference** – You cannot touch or damage someone else's bin unless you have permission\n- **Council dumps** – The council can establish dumps with specific opening hours and rules about what can be dumped\n- **Fines** – Breaking these rules can result in a $200 fine, but you can choose to pay a $20 fixed penalty instead of going to court\n\n**Why it matters:**\n\nThese by-laws give the local council practical tools to maintain public health and cleanliness in a small remote community. They balance enforcement (through fines and court prosecution) with a cheaper, simpler option (the $20 fixed penalty) to encourage compliance without overburdening the local court system."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the by-laws appear to remain focused on their original purpose of regulating litter within the Mataranka community government area. There is no evidence of scope creep or expansion beyond the original litter-control intent, though the presence of Chapter 8 under Electoral Commission administration is a minor curiosity that may reflect standard governance provisions included in community government by-laws of this era."},"complexity_factors":["Very narrow and specific subject matter (litter only) keeps complexity low","Local by-laws (subordinate legislation) operate within a limited geographic and topical scope","Split administration between two agencies (Department of Housing, Local Government and Community Development and NT Electoral Commission) adds a minor layer of complexity","Limited information provided about the actual content of the by-laws makes full analysis difficult","As subordinate legislation, these by-laws must be read alongside parent legislation, adding a small layer of interpretive complexity"],"plain_english_summary":"The Mataranka Community Government Council (Litter) By‑Laws 1987 are local rules for the Mataranka community in the Northern Territory that prohibit dropping, dumping, or leaving rubbish in public and community spaces. They set standards for disposal, create penalties and enforcement powers for authorised officers, and are mainly administered by the Department of Housing, Local Government and Community Development. These by‑laws have been in force since 7 October 1987."}},"importantCases":[],"_links":{"self":"/api/acts/mataranka-community-government-council-litter-by-laws-1987","history":"/api/acts/mataranka-community-government-council-litter-by-laws-1987/history","analysis":"/api/acts/mataranka-community-government-council-litter-by-laws-1987/analysis","conflicts":"/api/acts/mataranka-community-government-council-litter-by-laws-1987/conflicts","importantCases":"/api/acts/mataranka-community-government-council-litter-by-laws-1987/important-cases","documents":"/api/acts/mataranka-community-government-council-litter-by-laws-1987/documents"}}