{"id":"tennant-creek-garbage-bylaws-1989","name":"TENNANT CREEK (GARBAGE) BY-LAWS 1989","slug":"tennant-creek-garbage-by-laws-1989","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177167,"registerId":"nt-tennant-creek-garbage-bylaws-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"TENNANT CREEK (GARBAGE) BY-LAWS 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nTENNANT CREEK (GARBAGE) BY-LAWS 1989\nAs in force at 1 July 2008\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Clerk to keep register ...................................................................... 1\nPart II Garbage services\n4 Occupier to provide garbage receptacle .......................................... 2\n5 Interference with garbage receptacles............................................. 3\n6 Garbage receptacles to be returned ................................................ 3\nPart III Garbage dumps\n7 Council may establish garbage dumps ............................................ 3\n8 Garbage not to be dumped without a licence .................................. 4\n9 Offences with respect to garbage dumps ........................................ 4\nPart IV Removal and destruction of animals\n10 Animals at large ............................................................................... 5\n11 Dead animals on premises .............................................................. 5\nPart V Miscellaneous\n12 Offences and penalties .................................................................... 6\n13 Recovery of expenses ..................................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2008\n____________________\nTENNANT CREEK (GARBAGE) BY-LAWS 1989\nBy-laws under the Local Government Act 2008\nPart 1 Preliminary\n1 Short title\nThese By-laws may be cited as the Tennant Creek (Garbage)\nBy-laws 1989.\n2 Definitions\nIn these By-laws, unless the contrary intention appears:\nanimal includes cattle, buffaloes, horses, donkeys, asses, mules,\nsheep, goats, pigs, camels, dogs, cats, birds, poultry, fish and\nreptiles.\ngarbage includes refuse, rubbish and waste matter.\npremises includes a dwelling-house, flat, home, unit, duplex,\ncaravan, camp, tent, hostel, boarding-house, office, shop, factory,\ndepot, workshop, mill slaughter house, warehouse, hotel,\nrestaurant, eating-house and any land, building or establishment,\nwhether the same is used for business, trade or residential\npurposes and, where a building is let or occupied in more than one\nseparate unit, each separate unit, where it is let to or occupied by a\nseparate person, shall be separate premises.\n3 Clerk to keep register\nThe clerk shall cause a register to be kept of licences granted under\nby-law 8(3).\n\nPart II Garbage services\nTennant Creek (Garbage) By-laws 1989 2\nPart II Garbage services\n4 Occupier to provide garbage receptacle\n(1) An occupier of premises shall:\n(a) keep on the premises one garbage receptacle of a type that\nthe council has, subject to clause (3), approved by resolution;\n(b) maintain the garbage receptacle in good order and condition\nand not cause or permit the garbage receptacle to attract or\nharbour insects or vermin, to become unsightly or cause an\noffensive odour or otherwise to become or cause a danger to\npublic health or to interfere with or affect the comfort of\npersons occupying, using or passing through or along\nneighbouring premises or public places;\n(c) ensure that the lid of the garbage receptacle is at all times\nkept closely fitted, except where the garbage lid is removed for\nthe purpose of placing garbage into, or taking it out of, the\nreceptacle;\n(d) subject to clause (2), ensure that garbage produced on the\npremises is deposited in the garbage receptacle;\n(e) cause all wet garbage to be effectively wrapped before it is\nplaced in the garbage receptacle;\n(f) indelibly mark or paint on the lid and on the body of the\ngarbage receptacle the street number and name of the\npremises, or the lot number of the land;\n(g) on the day or days and at the time notified by the Council in a\nnewspaper circulating in the municipality, cause the garbage\nreceptacle on the premises to be placed on the footpath\noutside the premises in such a position as to enable the\ngarbage collector access to it, and shall replace, or cause it to\nbe replaced, on the premises as soon as possible after the\ncontents have been removed; and\n(h) cause the garbage receptacle 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\ngarbage capable of being so destroyed.\n(3) The council must not approve a type of garbage receptacle for the\npurposes of clause (1)(a) unless the receptacle:\n(a) has a capacity of not more that 240 litres;\n\nPart III Garbage dumps\nTennant Creek (Garbage) By-laws 1989 3\n(b) is impervious to moisture and vermin; and\n(c) is fitted with wheels and handles.\n5 Interference with garbage receptacles\nA person shall not touch, use, remove, mark, damage or otherwise\ninterfere with a garbage receptacle on premises or a footpath\nunless the person is:\n(a) the occupier of the premises for which the garbage receptacle\nis provided, or that peron's servant or agent;\n(b) a servant or agent of the council acting within the scope of that\nperson's duties; or\n(c) a garbage contractor of the council or a servant or agent of\nsuch a garbage contractor acting in the due performance of\nthe contract.\n6 Garbage receptacles to be returned\nA person engaged in the removal or collection of garbage on behalf\nof the council shall, after emptying the contents of a garbage\nreceptacle, replace it and its lid approximately in the location where\nit was placed by the occupier under by-law 4(1)(g) above.\nPart III Garbage dumps\n7 Council may establish garbage dumps\n(1) The council may establish a garbage dump for the deposit of\ngarbage on land owned by, vested in or under the control of the\ncouncil.\n(2) The council may make arrangements or enter into contracts with\nthe owners or occupiers of private land for the establishment of a\ngarbage dump or the depositing of garbage on that land.\n(3) The council may enter into arrangements with another council for\nthe establishment and operation of garbage dumps.\n(4) Where a garbage dump has been established under clause (1), (2)\nor (3), the council shall be resolution determine:\n(a) the limits of the garbage dump;\n(b) the hours during which and the days on which the garbage\ndump shall be open for the depositing of garbage;\n\nPart III Garbage dumps\nTennant Creek (Garbage) By-laws 1989 4\n(c) the class or classes of garbage which may be deposited on or\nremoved from the garbage dump; and\n(d) the manner in which garbage may be deposited on or\nremoved from the dump.\n(5) Where a garbage dump is established under this by-law, the council\nshall cause notice of the establishment to be published in a\nnewspaper circulating in the municipality.\n8 Garbage not to be dumped without a licence\n(1) Where the council has notified that a person, or a class or classes\nof persons, shall obtain a licence for the depositing or removal of\ngarbage on or from a garbage dump, such person shall not deposit\ngarbage on or remove garbage from the garbage dump without\nbeing the holder of a licence.\n(2) A person may apply in writing to the council for a licence to deposit\ngarbage on or remove garbage from a garbage dump, and the\ncouncil may grant or refuse the application.\n(3) Where the council approves an application under clause (2), it may,\non payment by the applicant of such a fee as the council may\nresolve, grant a licence authorizing a person to use a garbage\ndump.\n(4) A licence granted under clause (3) may be subject to such\nconditions as the council thinks fit and endorses on the licence.\n9 Offences with respect to garbage dumps\n(1) A person shall not deposit garbage on a garbage dump:\n(a) other than during the hours and on the days specified under\nby-law 7(4)(b);\n(b) unless such garbage is of the class or classes specified by the\ncouncil; or\n(c) other than in the manner specified by the council under\nby-law 7(4)(d).\n(2) A person shall not:\n(a) enter or remain on a garbage dump except for the purpose of\ndepositing garbage, unless that person is:\n(i) an employee or agent of the council acting within the\ncourse of his or her duties;\n\nPart IV Removal and destruction of animals\nTennant Creek (Garbage) By-laws 1989 5\n(ii) a contractor of the council or an employee or agent of\nsuch a contractor in the due performance of the contract;\nor\n(iii) the holder of a licence granted under by-law 8(3);\n(b) remove garbage from a garbage dump without a licence\ngranted under by-law 8(3);\n(c) contravene or fail to comply with a condition to which a licence\nis subject under by-law 8(4);\n(d) contravene or fail to comply with the directions of a person\nauthorized by the council to give directions in relation to the\noperation of a garbage dump; or\n(e) act in a disorderly or offensive manner on a garbage dump.\nPenalty: $500.\nPart IV Removal and destruction of animals\n10 Animals at large\nAn authorized person may, by notice in writing, require the owner\nof:\n(a) a diseased or injured animal in a public place; or\n(b) an animal which is a t large in a public place and which, if left\nat large, is likely to be a danger to the safety of members of\nthe public,\nimmediately either to destroy, remove or otherwise dispose of the\nanimal.\n11 Dead animals on premises\n(1) Where the carcass of a dead animal is upon premises, the occupier\nor, where there is no occupier, the owner of the premises shall\ncause the carcass to be buried or destroyed.\n(2) An authorized person who has reason to believe that the carcass of\na dead animal is upon premises may, in accordance with\nsection 116 of the Act, enter the premises for the purpose of\nmaking an inspection of the premises to ascertain whether there is\nsuch a carcass on the premises.\n\nPart V Miscellaneous\nTennant Creek (Garbage) By-laws 1989 6\n(3) Where an authorized person who has made an inspection referred\nto in clause (2) finds the carcass of a dead animal upon the\npremises, he or she shall, as soon as practicable after the\ninspection, serve on the occupier or, where there is no occupier, the\nowner of the premises a notice in writing directing the occupier or\nthe owner, as the case may be, within the period specified in the\nnotice, to bury or destroy, or cause to be buried or destroyed, that\ncarcass, and the occupier of owner upon whom that notice is\nserved shall, accordingly, comply with that notice within the period\nspecified in that notice.\n(4) Where the occupier or owner of premises upon whom a notice\nunder clause (3) has been served has not complied with the notice\nwithin the period specified in the notice, an authorized person may,\nwith such agents or workmen as the authorised person thinks fit for\nthe purpose, enter the premises and remove, bury or destroy, or\ncause to be removed, buried or destroyed, the carcass of the dead\nanimal to which that notice relates.\nPart V Miscellaneous\n12 Offences and penalties\n(1) Where a matter or thing is by these By-laws directed or prohibited\nto be done, or where an authority is given by these By-laws to the\ncouncil or to a person or persons to direct a matter or thing to be\ndone, and such matter or things so directed to be done remains\nundone or such matter or thing forbidden to be done is done, a\nperson offending against such direction or prohibition shall be guilty\nof an offence.\n(2) A person guilty of an offence referred to in clause (1) shall, for each\nsuch offence, be liable to a penalty not exceeding $500 and, in\naddition, to a penalty not exceeding $50 for each day during which\nthat offence continues.\n13 Recovery of expenses\nIn addition to a penalty imposed in respect of a breach of these\nBy-laws, an expense incurred by the council in consequence of the\nbreach, or in the execution of work required by these By-laws to be\nexecuted by a person and not executed by him or her, shall be\nrecovered from the person committing the breach or failing to\nexecute the work as a debt due and payable by that person to the\ncouncil.\n\nENDNOTES\nTennant Creek (Garbage) By-laws 1989 7\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 (Garbage) By-laws (SL No. 19, 1989)\nNotified 9 August 1989\nCommenced 9 August 1989\nAmendment of Tennant Creek (Garbage) By-laws (SL No. 6, 1999)\nNotified 10 March 1999\nCommenced 10 March 1999\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 4 amd No. 6, 1999\nbl 11 amd Act No. 28, 2008, s 4","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1989 by-law appears to have expanded beyond its core garbage management purpose to include electoral provisions (Chapter 8), which is outside the typical scope of a waste management instrument. This suggests the by-law was amended or expanded over time to incorporate community governance functions unrelated to its original garbage collection intent."},"complexity_factors":["Split administration between two separate government bodies (Department of Housing, Local Government and Community Development and NT Electoral Commission) creates potential confusion about who enforces what","The inclusion of an electoral chapter (Chapter 8) within a garbage by-law is structurally unusual and may reflect complex community governance arrangements specific to the Northern Territory","As a reprint (REPL018R18(H)), there may have been multiple amendments since 1989 that are consolidated here, making the legislative history harder to trace","Northern Territory local government structures can be more complex than other jurisdictions due to remote community governance arrangements"],"plain_english_summary":"These by‑laws set local rules for rubbish collection, bins, disposal and keeping Tennant Creek clean. They affect residents, businesses, property owners and anyone handling waste in town, with breaches subject to fines or penalties.\n\nAdministration sits with the Department of Housing, Local Government and Community Development, while Chapter 8 (an electoral/community governance element) is handled by the NT Electoral Commission. The by‑laws took their current form on 1 July 2008."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The by-laws have been amended since original enactment: by-law 4 (occupier receptacle rules) was amended in 1999 (SL No. 6, 1999) and by-law 11 (dead-animal provisions and related entry powers) was amended by the Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008, s 4). Formal editorial amendments were made in 2018 to the short title provision. These amendments altered operational obligations and enforcement/entry provisions (see endnotes: List of Amendments)."},"complexity_factors":["Delegated discretion: council approves permitted receptacle types and may set dump limits, hours, classes and procedures by resolution (by-law 4(1)(a); 7(4)).","Licensing regime: licences required to deposit or remove garbage where notified; council may grant, refuse, impose conditions and charge fees (by-law 8(1)–(4)).","Enforcement and penalties: monetary fines up to $500 plus up to $50 per day for continuations; separate $500 penalty for garbage-dump offences (by-law 12; 9(2)).","Expense recovery: council may recover costs incurred in consequence of breaches or for work the occupier failed to execute (by-law 13).","Entry and inspection powers: authorised persons may enter to inspect for carcasses and, after notice, remove or destroy carcasses (by-law 11(2)–(4)); cross-reference to the Act for entry procedures (by-law 11(2)).","Broad definitional scope: wide definitions of 'premises' and 'animal' increase the range of regulated persons and locations (by-law 2).","Operational obligations: specific, recurring duties for occupiers (marking, weekly/periodic cleaning, placement for collection) create predictable compliance tasks (by-law 4(1)(c), (f), (g), (h)).","Interface with contracts and other councils: council may contract with private landowners or other councils to establish dumps, introducing extra contractual and coordination layers (by-law 7(2)–(3))."],"plain_english_summary":"These by-laws set rules for garbage and dead-animal management in Tennant Creek. They require occupiers to provide, mark, maintain and present council-approved rubbish receptacles; let the council set and operate garbage dumps and licence access; and empower authorised officers to remove or order disposal of animals and carcasses. Enforcement uses fines, daily penalties and recovery of council expenses. This affects occupiers, property owners, council contractors and licence-holders by shifting routine operational costs and compliance duties to occupiers while giving the council discretion over receptacle standards, dump rules and licences."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of garbage management and dead animal removal. The 1999 amendment updated garbage receptacle specifications (by-law 4), and the 2008 amendment made consequential changes to by-law 11 regarding entry powers, but neither expanded the scope beyond municipal waste management and public health sanitation."},"complexity_factors":["Short document (13 by-laws across 5 Parts, approximately 6 pages)","Only 3 defined terms in section 2 (animal, garbage, premises) - though 'premises' has a lengthy composite definition","Minimal cross-referencing - primarily internal references to other by-laws (e.g., 'by-law 4(1)(g)')","Straightforward conditional logic with clear exceptions (e.g., by-law 4(2) exemption for burning garbage)","No nested exceptions or complex provisos","Simple penalty structure with flat monetary amounts","Procedural requirements are prescriptive but clearly listed (by-law 4(1) has 8 sub-paragraphs)","Single jurisdiction (Tennant Creek municipality) with no intergovernmental complexity"],"plain_english_summary":"These are local council rules for Tennant Creek (a town in the Northern Territory) that manage how rubbish is collected and disposed of, and how dead animals are handled.\n\n**What it covers:**\n\n**Rubbish bins and collection:**\n- Property owners or tenants must provide an approved wheelie bin (max 240 litres, watertight, with wheels and handles)\n- Bins must be kept clean, lids closed, and marked with the property address\n- Wet rubbish must be wrapped before putting it in the bin\n- Bins must be put out on the footpath on collection days and brought back in afterwards\n- Bins must be washed with antiseptic at least once every 4 weeks\n- Only the property occupier, council workers, or authorised contractors can touch the bins\n\n**Rubbish dumps:**\n- The council can set up rubbish dumps on council land or private land (with permission)\n- Dumps have set opening hours, accepted waste types, and rules about how to deposit rubbish\n- Some people need a licence to use the dump (especially for commercial waste removal)\n- It's an offence to dump outside hours, dump the wrong type of waste, or behave badly at the dump\n\n**Dead animals:**\n- If a dead animal is on someone's property, the owner/occupier must bury or destroy it\n- Council officers can enter properties to check for dead animals and issue notices requiring removal\n- If the owner doesn't comply, council officers can enter and remove the carcass themselves\n\n**Penalties:**\n- Breaking these rules can result in fines up to $500, plus $50 per day for ongoing offences\n- The council can also recover costs for any work they have to do because someone broke the rules"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/tennant-creek-garbage-by-laws-1989","history":"/api/acts/tennant-creek-garbage-by-laws-1989/history","analysis":"/api/acts/tennant-creek-garbage-by-laws-1989/analysis","conflicts":"/api/acts/tennant-creek-garbage-by-laws-1989/conflicts","importantCases":"/api/acts/tennant-creek-garbage-by-laws-1989/important-cases","documents":"/api/acts/tennant-creek-garbage-by-laws-1989/documents"}}