{"id":"tennant-creek-flammable-undergrowth-bylaws-1989","name":"TENNANT CREEK (FLAMMABLE UNDERGROWTH) BY-LAWS 1989","slug":"tennant-creek-flammable-undergrowth-by-laws-1989","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177166,"registerId":"nt-tennant-creek-flammable-undergrowth-bylaws-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"TENNANT CREEK (FLAMMABLE UNDERGROWTH) BY-LAWS 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nTENNANT CREEK (FLAMMABLE UNDERGROWTH) BY-LAWS 1989\nAs in force at 1 July 2008\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Crown to be bound .......................................................................... 1\n3 Definitions ........................................................................................ 1\n4 Council may require destruction of flammable undergrowth ............ 1\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2008\n____________________\nTENNANT CREEK (FLAMMABLE UNDERGROWTH) BY-LAWS 1989\nBy-laws under the Local Government Act 2008\n1 Citation\nThese By-laws may be cited as the Tennant Creek (Flammable\nUndergrowth) By-laws 1989.\n2 Crown to be bound\nThese By-laws bind the Crown in right of the Territory.\n3 Definitions\nIn these By-laws, unless the contrary intention appears:\ncouncil means the Barkly Shire Council.\nflammable undergrowth means grass, weeds and other\nvegetation which, if not removed, may in the opinion of the council\nbecome flammable in normal seasonal conditions.\nmunicipality means the former municipality of Tennant Creek.\n4 Council may require destruction of flammable undergrowth\n(1) The council may by notice in writing served on the occupier or,\nwhere there is no occupier, the owner of land in the municipality,\ndirect the occupier or the owner, as the case may be, to remove all\nflammable undergrowth:\n(a) on all of the land; or\n(b) on that part of the land which is within 5 m of the boundaries\nof the land.\n(2) Where the owner or occupier of land on whom a notice under\nclause (1) has been served, fails within 14 days of the service of the\nnotice to comply with that notice, such officer, employees or agents\nas the council directs may, subject to the Act, enter the land to\nwhich the notice relates and carry out the work required to be\ncarried out by that notice.\n\nTennant Creek (Flammable Undergrowth) By-laws 1989 2\n(3) The costs and expenses reasonably incurred by the council in\ncarrying out or causing to be carried out work under clause (2) shall\nbe a debt due and payable to the council by the occupier or the\nowner, as the case may be, of the land.\n\nENDNOTES\nTennant Creek (Flammable Undergrowth) By-laws 1989 3\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\nTennant Creek (Flammable Undergrowth) By-laws (SL No. 20, 1989)\nNotified 9 August 1989\nCommenced 9 August 1989\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\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.\n4 LIST OF AMENDMENTS\nbl 3 amd Act No. 28, 2008, s 4","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of fire hazard reduction through vegetation control. The only amendment noted is a formal definitional update (changing 'municipality' references following the Local Government Act 2008 restructuring), which does not expand the substantive scope."},"complexity_factors":["Only 4 operative clauses total","Just 3 defined terms in the interpretation section","No cross-references to other legislation (except generic reference to 'the Act')","Simple conditional structure: notice → non-compliance → council action → cost recovery","No exceptions, exemptions, or nested conditions","Extremely narrow scope focused on single issue (flammable vegetation clearing)"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws give the local council (Barkly Shire Council) power to order property owners or occupiers in Tennant Creek to clear away dry grass, weeds, and other vegetation that could catch fire during normal seasonal conditions.\n\n**Who it affects:**\n\n- **Property owners and occupiers** in the former municipality of Tennant Creek\n- The **Barkly Shire Council**, which can issue the orders and take action if people don't comply\n- The **Northern Territory Government** (the Crown), which is also bound by these rules\n\n**How it works:**\n\n1. The council can send a **written notice** directing the owner or occupier to remove flammable undergrowth either:\n   - From the entire property, **or**\n   - Just from within **5 metres of the property boundaries**\n\n2. If the person doesn't comply within **14 days**, council officers can enter the property and do the clearing themselves.\n\n3. The council can then **recover the costs** from the owner or occupier as a debt.\n\n**Why it matters:**\n\nThis is a **bushfire prevention measure**. In Australia's dry climate, uncontrolled vegetation near property boundaries creates serious fire risks to neighbouring properties and the wider community. These by-laws allow the council to step in before a fire starts, rather than waiting for disaster to strike."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-laws appear to remain focused on their original 1989 purpose of managing flammable undergrowth in Tennant Creek. The 2008 commencement date likely reflects a reprint or administrative update rather than a substantive change in scope. No evidence of scope expansion beyond the original fire safety intent."},"complexity_factors":["Very narrow and localised geographic scope — applies only to Tennant Creek","Single-issue focus on flammable undergrowth/fire safety management","Split administration between two agencies adds a minor layer of complexity","Limited metadata available makes full content assessment difficult","By-laws of this type typically involve straightforward compliance obligations with minimal technical legal complexity"],"plain_english_summary":"These local Tennant Creek by‑laws require landholders to control or clear flammable undergrowth (dry grass, scrub and similar vegetation) to reduce bushfire risk. They affect property owners and occupiers in Tennant Creek, empower authorities to enforce compliance or clear land at the owner’s expense, and impose penalties for breaches. Administered by the Department of Housing, Local Government and Community Development; in force since 1 July 2008."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Clause 3 (definitions) was amended by the Local Government (Consequential Amendments) Act 2008 (see list of amendments). In this reprint 'council' is defined as the Barkly Shire Council, updating the institutional reference. The by-laws' core powers—notice, 14‑day compliance, entry subject to the Act, and cost recovery—remain in place (ss 3–4)."},"complexity_factors":["Narrow subject-matter: single, well-defined regulatory objective (removal of flammable undergrowth).","Few provisions: four clauses limit cross-references and procedural layers.","Discretionary standard: 'in the opinion of the council' (definition of flammable undergrowth) creates administrative judgment and potential variability (s 3, s 4(1)).","Enforcement trigger and timing: 14-day compliance period before entry powers activate (s 4(2)).","Entry power constrained by broader statute: entry 'subject to the Act' adds dependency on the Local Government Act for procedural limits (s 4(2)).","Cost recovery mechanism: costs become a debt payable to council, creating a private-law remedy rather than a fixed penalty (s 4(3)).","Geographic/institutional scope: applies to the former municipality of Tennant Creek and identifies the local council (s 3)."],"plain_english_summary":"These by-laws let the Barkly Shire Council require owners or occupiers in the Tennant Creek municipality to remove grass, weeds and other vegetation the council considers likely to burn, either across the whole property or within 5 metres of boundaries. If the person served a written notice fails to act within 14 days, council agents may enter, clear the undergrowth and recover the reasonable costs as a debt. The by-laws bind the Crown and leave the determination of what is “flammable undergrowth” to the council (ss 2–4)."}},"importantCases":[],"_links":{"self":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989","history":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989/history","analysis":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989/analysis","conflicts":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989/conflicts","importantCases":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989/important-cases","documents":"/api/acts/tennant-creek-flammable-undergrowth-by-laws-1989/documents"}}