{"id":"west-arnhem-regional-council-jabiru-town-by-laws-2024","name":"WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024","slug":"west-arnhem-regional-council-jabiru-town-by-laws-2024","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179251,"registerId":"nt-west-arnhem-regional-council-jabiru-town-by-laws-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024","content":"NORTHERN TERRITORY OF AUSTRALIA\nWEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024\nAs in force at 1 January 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Purpose ........................................................................................... 1\n4 Acknowledgement of Mirarr people ................................................. 1\n5 Definitions ........................................................................................ 1\n6 Application of by-laws ...................................................................... 4\n7 Application of Criminal Code ........................................................... 4\n8 Permits ............................................................................................ 4\n9 Variation, revocation or transfer of permits ...................................... 5\n10 Powers of authorised persons and employees ................................ 5\n11 Maintenance of objects .................................................................... 5\nPart 2 Public facilities and places\nDivision 1 Liability of owner or occupier of land\n12 Non-compliance by owner or occupier ............................................ 6\nDivision 2 Protecting public land\n13 Constructing cross-overs ................................................................. 7\n14 Road works...................................................................................... 7\n15 Prohibited excavation on adjoining land .......................................... 8\n16 Enclosing land to prevent risk of escaping soil ................................ 8\n17 Damage to public land ..................................................................... 9\n18 Structures on public land ................................................................. 9\n19 Obstruction of public facilities .......................................................... 9\nDivision 3 Control of vegetation\n20 Damage to public vegetation ......................................................... 10\n21 Trimming vegetation ...................................................................... 10\nDivision 4 Activities on public land\n22 Busking and other activities ........................................................... 11\n23 Goods on public land ..................................................................... 11\n24 On-street parking ........................................................................... 12\n\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 ii\nDivision 5 Camping on public land\n25 Permit required to camp on public land ......................................... 12\n26 Direction to vacate public land ....................................................... 12\nDivision 6 Selling goods and services\n27 Stallholder permit........................................................................... 13\n28 Offence to conduct stall without stallholder permit......................... 13\nPart 3 Waste and recycling\nDivision 1 Waste management\n29 Collection of household waste and recyclables ............................. 13\n30 Notice to remove waste or other discarded material...................... 14\n31 Machines not to be stored or broken up ........................................ 14\n32 Commercial waste and toxic materials .......................................... 15\n33 Disposal of waste at waste management facility ........................... 15\nDivision 2 Offences related to waste\n34 Offence to deposit waste ............................................................... 16\n35 Offence to discharge liquid waste .................................................. 16\n36 Offence to interfere with approved bins ......................................... 17\nDivision 3 Removal of waste deposits\n37 Removal of waste .......................................................................... 17\n38 Offence not to comply with direction .............................................. 18\nPart 4 Safety\nDivision 1 Fires\n39 Lighting fires .................................................................................. 18\n40 Burning offensive substance or thing............................................. 19\nDivision 2 Unsafe and unsanitary behaviour\n41 Breaking glass or other material .................................................... 19\n42 Throwing object causing damage .................................................. 19\n43 Unsanitary behaviour ..................................................................... 20\nPart 5 Animal management\nDivision 1 General keeping of animals\n44 Prohibition on keeping animals ...................................................... 20\n45 Entry and removal ......................................................................... 20\n\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 iii\n46 Destruction of animals ................................................................... 21\n47 Abandonment of animals ............................................................... 21\n48 Removal or disposal of animal remains ......................................... 21\nDivision 2 Responsible ownership of dogs\n49 Registration required ..................................................................... 21\n50 Offence of unregistered dog .......................................................... 22\n51 Offence for contravention of condition of registration .................... 22\n52 Notice of change in address or owner ........................................... 22\n53 Maximum number of dogs ............................................................. 23\n54 Dog restricted areas ...................................................................... 23\nDivision 3 Dangerous dogs\n55 Dog menaces ................................................................................ 24\n56 Dog attacks.................................................................................... 24\n57 Defences ....................................................................................... 24\n58 Orders to impound or destroy ........................................................ 25\n59 Declaration of dangerous dog........................................................ 25\n60 Duties of owner of dangerous dog ................................................. 25\n61 Notice to Council ........................................................................... 26\n62 Remedial action for dangerous dog ............................................... 27\n63 Offence in relation to dangerous dogs ........................................... 27\n64 Enticement or incitement ............................................................... 28\n65 Dog causing nuisance ................................................................... 28\nDivision 4 Seizure, impounding and destruction of dogs\nand other animals\n66 Seizure and impounding ................................................................ 29\n67 Notice of impounding ..................................................................... 30\n68 Release from pound ...................................................................... 30\n69 Diseased dog................................................................................. 31\n70 Transfer of dog .............................................................................. 32\n71 Destruction of dog ......................................................................... 32\n72 Destruction of other animal ............................................................ 32\n73 Manner of destroying animal ......................................................... 32\nPart 6 Advertising and handbills\n74 Permit for handbills ........................................................................ 33\n75 Establishing advertising code ........................................................ 33\n76 General standards for advertising signs ........................................ 34\n77 Interference with Council advertising ............................................. 34\nPart 7 Infringement notice offences\n78 Infringement notice offence and prescribed amount payable ........ 35\n\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 iv\n79 When infringement notice may be given ........................................ 35\n80 Contents of infringement notice ..................................................... 35\n81 Electronic payment and payment by cheque ................................. 36\n82 Expiation of offence ....................................................................... 36\n83 Withdrawal of infringement notice.................................................. 36\n84 Application of Part ......................................................................... 36\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n85 By-laws repealed ........................................................................... 37\nDivision 2 Transitional matters for West Arnhem\nRegional Council (Jabiru Town) By-laws 2024\n86 Definitions ...................................................................................... 37\n87 Former determinations .................................................................. 37\n88 Former authorisations, permits and registrations........................... 37\nSchedule 1 Infringement notice offences\nSchedule 2 Repealed By-laws\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 January 2025\n____________________\nWEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024\nBy-laws under the Local Government Act 2019\nPart 1 Preliminary matters\n1 Title\nThese By-laws may be cited as the West Arnhem Regional Council\n(Jabiru Town) By-laws 2024.\n2 Commencement\nThese By-laws commence on 1 January 2025.\n3 Purpose\nThe purpose of these By-laws is to provide for the good governance\nof Jabiru by establishing a legal and procedural framework for\npromoting public health and wellbeing and safety and the protection\nof public amenities in the town.\n4 Acknowledgement of Mirarr people\n(1) Jabiru is located on Mirarr country and the Council pays its respects\nto the Mirarr Traditional Owners and pays its respects to Mirarr\nelders past, present and emerging.\n(2) The Council is committed to continuously nurturing a respectful\nworking relationship with the Mirarr people.\n5 Definitions\nIn these By-laws:\nadvertising means any form of advertising for the attention of the\npublic, including advertising by writing, images, pictures, symbols,\nobjects or illumination.\nExamples for definition advertising\nBillboard, fence sign, portable sign, poster, distinctive lighting and bunting.\n\nPart 1 Preliminary matters\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 2\napproved means approved by the Council by resolution.\nassistance dog means a dog that is an assistance animal as\ndefined in section 4A of the Anti-Discrimination Act 1992.\nattack, see by-law 56(2).\ncommercial waste means waste produced in the course of trade\nor commerce.\nCouncil means the West Arnhem Regional Council.\ndangerous dog means a dog declared to be dangerous under\nby-law 59.\ndog means an animal of the genus Canis.\nfee includes a charge, a due, a fare and rent payable to the\nCouncil.\ngoods includes food, beverages, wares, merchandise, raffle\ntickets, tokens, badges and vehicles.\nhandbill means a printed announcement or advertisement,\nincluding a poster, placard, notice, ticket, pamphlet and card.\ninfringement notice, see by-law 79.\ninfringement notice offence, see by-law 78(1).\nJabiru means the land specified as Jabiru town land under the\nAboriginal Land Rights (Northern Territory) Act 1976 (Cth).\nlitter, see section 3 of the Litter Act 1972.\nmarket means an area in which 2 or more stalls are located or\nintended to be located.\nmenace, see by-law 55(2).\nmotor vehicle, see section 5 of the Motor Vehicles Act 1949.\nnuisance, see by-law 65(2).\nowner, of a dog, means:\n(a) the person whose name is registered with the Council as the\nowner of the dog; or\n(b) if the dog is not registered – the person who has care or\ncontrol of the dog.\n\nPart 1 Preliminary matters\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 3\npermit means a permit issued under by-law 8.\npound means a place established by the Council as a pound.\npremises include the following:\n(a) a building or other structure;\n(b) a part of a building or other structure;\n(c) land where a building or other structure is situated.\nprescribed amount, see by-law 78(2).\npublic land means a road, a reserve or land within Jabiru that is\nowned, controlled or maintained by the Council.\nsell, in relation to goods, includes:\n(a) offering or exposing goods for sale or hire; and\n(b) displaying or publishing an advertisement describing or\npromoting the sale of goods.\nstall means an outdoor place or structure in or from which goods or\nservices are offered for sale, including a tent, a motor vehicle, a\ncaravan, a trailer and a table.\nExamples for definition stall\nA stall at an outdoor market selling beverages or food, offering massages or\nselling crafts.\nstallholder means a person who sells or offers for sale goods from\na stall.\nstallholder permit, see by-law 27.\nvehicle means any conveyance that runs on wheels.\nExamples for definition vehicle\nCars, trucks, trailers, golf carts, motorcycles, bicycles, scooters, skateboards and\ninline skates.\nwaste means garbage, litter, rubbish, refuse and other organic or\ninorganic waste matter.\nwaste management facility means a facility for waste\nmanagement operated or controlled by the Council.\nNote for by-law 5\nThe Act also defines terms that are used in these By-laws.\n\nPart 1 Preliminary matters\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 4\n6 Application of by-laws\nThese By laws apply to and have effect within Jabiru.\n7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 7\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.\n8 Permits\n(1) A person may apply to the CEO for a permit to carry out an activity\nmentioned in these By-laws.\n(2) An application for a permit must be:\n(a) in writing; and\n(b) accompanied by any fee determined by the Council for the\npermit.\n(3) The CEO may grant or refuse to grant a permit.\n(4) A permit granted by the CEO:\n(a) must be in writing; and\n(b) is valid for the period specified in the permit; and\n(c) is subject to the conditions specified in the permit (if any).\n(5) Without limiting clause (4)(c), it is a condition of a permit that\nauthorises work to be carried out that the person to whom it is\ngranted must reinstate, to the satisfaction of the CEO, a public road\nor crossing in respect of any damage caused in carrying out the\nwork.\n(6) A person to whom a permit is issued must comply with:\n(a) any conditions specified under clause (4)(c); and\n(b) if clause (5) applies to the permit – that clause.\n\nPart 1 Preliminary matters\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 5\n(7) A person commits an offence of strict liability if the person fails to\ncomply with clause (6).\nMaximum penalty: 50 penalty units.\n9 Variation, revocation or transfer of permits\n(1) The CEO may vary or revoke a permit on application of the person\nto whom it was granted.\n(2) The CEO may revoke a permit if the person who holds the permit\nfails to comply with these By-laws or a condition of the permit.\n(3) If the CEO varies or revokes a permit, it must give notice to the\nholder of the permit as soon as practicable.\n(4) A permit is not transferable.\n10 Powers of authorised persons and employees\n(1) Subject to clause (2), an authorised person may exercise any\nreasonable power necessary or required to give effect to these\nBy-laws.\n(2) An authorised person must act in accordance with any conditions\nimposed on the person by the Council, by resolution.\n(3) An authorised person or employee of the Council acting in\naccordance with their duties is exempt from the requirement of a\npermit for that activity.\nExample for clause (3)\nAn employee does not need a permit to set up structures on public land.\n(4) An authorised person may request the holder of a permit to produce\nthe permit for inspection by the authorised person.\n(5) A person commits an offence of strict liability if the person fails to\ncomply with a request under clause (4).\nMaximum penalty: 20 penalty units.\n11 Maintenance of objects\n(1) A person commits an offence if:\n(a) the person holds a permit in relation to an object, a structure,\na sign or a fence; and\n\nPart 2 Public facilities and places\nDivision 1 Liability of owner or occupier of land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 6\n(b) the person fails to maintain the object, structure, sign or fence\nto a sufficient standard to reasonably ensure public safety in\nrelation to, and in the vicinity of, the object, structure, sign or\nfence.\nMaximum penalty: 50 penalty units.\n(2) An authorised person may revoke a permit if satisfied that the\nholder of the permit is not adequately maintaining an object,\nstructure, sign or fence in respect of which the permit was granted.\nPart 2 Public facilities and places\nDivision 1 Liability of owner or occupier of land\n12 Non-compliance by owner or occupier\n(1) The CEO may, by written notice, require the owner or occupier of\nland to comply, within the period specified in the notice, with any of\nthe following:\n(a) these By-laws;\n(b) a condition of a permit granted to the owner or occupier under\nthese By-laws.\n(2) A person commits an offence of strict liability if:\n(a) the person is issued a notice under clause (1); and\n(b) the person does not comply with the notice.\nMaximum penalty: 50 penalty units.\n(3) If the owner or occupier fails to comply with a notice issued under\nclause (1), the CEO may arrange to carry out the work or take the\naction required by the notice.\n(4) Any costs properly and reasonably incurred by the Council under\nclause (3) are recoverable as unpaid rates or as a debt due and\npayable to the Council.\n(5) The CEO may apply the amount of a deposit made as a condition\nof the grant of a permit granted under these By-laws to cover any\ncosts properly and reasonably incurred by the Council under\nclause (3).\n\nPart 2 Public facilities and places\nDivision 2 Protecting public land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 7\nDivision 2 Protecting public land\n13 Constructing cross-overs\n(1) An owner or occupier of premises adjoining public land may\nconstruct the following with a permit:\n(a) a cross-over across the footpath and verge to connect a\ndriveway on the premises to a road or other public land;\n(b) a cross-over for pedestrians or vehicles to travel between the\npremises and the public land.\nNote for clause (1)\nThe requirements in this Division are in addition to any other legislative\nrequirements that apply to construction, such as development permits and\nplanning standards.\n(2) A person commits an offence of strict liability if the person\nconstructs a cross-over referred to in clause (1) without a permit.\nMaximum penalty: 50 penalty units.\n14 Road works\n(1) This by-law does not apply to a person performing work for or on\nbehalf of the Territory.\n(2) A person must not perform any of the following work without a\npermit:\n(a) do either of the following on a road:\n(i) deposit any material;\n(ii) erect any structure;\n(b) open or break up the surface of a road.\n(3) A person who performs work specified in clause (2) must prevent\nharm or inconvenience to the public from the work and materials\nused for the work by:\n(a) managing any affected traffic appropriately; and\n(b) operating safety lights around the work and materials between\nsunset and sunrise and when visibility is otherwise reduced;\nand\n\nPart 2 Public facilities and places\nDivision 2 Protecting public land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 8\n(c) installing appropriate fencing and enclosures around the work\nand materials.\nNote for clause (3)\nThe safety measures required by this by-law must be taken whether or not the\nwork is authorised by the Council.\n(4) The CEO may give the person performing the work directions\nregarding compliance with the safety measures required by this\nby-law.\n(5) The cost of the safety measures must be paid by the person who\nperforms the work.\n(6) A person commits an offence of strict liability if the person fails to\ncomply with clause (2).\nMaximum penalty: 100 penalty units.\n15 Prohibited excavation on adjoining land\n(1) A person must not, without a permit, excavate any part of land\nabutting public land.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with clause (1).\nMaximum penalty: 50 penalty units.\n16 Enclosing land to prevent risk of escaping soil\n(1) The CEO may, by written notice, require the owner or occupier of\nland to cause the land to be enclosed if:\n(a) the land adjoins a road, footpath or other public land; and\n(b) the land is not enclosed in a manner that prevents soil, sand\nor other material from being carried on to the road, footpath or\nother public land.\n(2) An owner or occupier of land who receives a notice under\nclause (1) must cause the land to be enclosed in accordance with\nthe notice at the owner or occupier's own cost.\n(3) A person commits an offence of strict liability if the person fails to\ncomply with clause (2).\nMaximum penalty: 50 penalty units.\n\nPart 2 Public facilities and places\nDivision 2 Protecting public land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 9\n17 Damage to public land\n(1) A person must not, without a permit, cause damage to a footpath,\nroad or other public land.\nExamples for clause (1)\n1 Removing a road kerb.\n2 Digging up a road.\n3 Spilling wet concrete, motor oil or hydraulic fluid on a road.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with clause (1).\nMaximum penalty: 50 penalty units.\n18 Structures on public land\n(1) A person must not, without a permit, erect or install on public land a\npost, rail, fence, pole, tent, booth, furniture, stand, display,\nexhibition, decoration or structure, whether permanent or\ntemporary.\n(2) A person must not, without a permit, remove or displace a barrier,\nrailing, post, seat or other structure on public land.\n(3) A person commits an offence of strict liability if the person fails to\ncomply with clause (1) or (2).\nMaximum penalty: 50 penalty units.\n19 Obstruction of public facilities\n(1) A person must not obstruct or hinder another person from using\npublic land or a facility located on public land.\nExamples for clause (1)\nA footpath, walkway, public shelter, play or exercise structure, public toilet,\ndrinking fountain, water supply, barbecue or fireplace on public land.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with clause (1).\nMaximum penalty: 50 penalty units.\n\nPart 2 Public facilities and places\nDivision 3 Control of vegetation\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 10\nDivision 3 Control of vegetation\n20 Damage to public vegetation\n(1) A person must not, without a permit, remove or damage vegetation\non Council property or public land.\nExamples for clause (1)\n1 Driving a vehicle on public land.\n2 Cutting a tree.\n3 Digging up a flowerbed on Council property.\n4 Plucking, cutting or taking from a public flowerbed.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with clause (1).\nMaximum penalty: 50 penalty units.\n21 Trimming vegetation\n(1) The owner or occupier of land adjoining a footpath, verge or road\nmust trim or otherwise maintain vegetation on the land to prevent\nthe vegetation:\n(a) obstructing or damaging the footpath, verge or road; or\n(b) becoming a hazard to persons or property.\nExamples for clause (1)\n1 Trimming a tree or shrub that blocks a footpath.\n2 Mowing grass to prevent infestation by snakes or vermin.\n(2) The CEO may, by written notice, require an owner or occupier of\nland to trim or otherwise maintain vegetation on the land if the CEO\nconsiders that it is:\n(a) obstructing or damaging the footpath, verge or road; or\n(b) becoming a hazard to persons or property.\n(3) The owner or occupier of land who receives a notice under\nclause (2) must trim or otherwise maintain the vegetation in\naccordance with the notice.\n(4) A person commits an offence of strict liability if the person fails to\ncomply with clause (1) or (3).\nMaximum penalty: 50 penalty units.\n\nPart 2 Public facilities and places\nDivision 4 Activities on public land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 11\nDivision 4 Activities on public land\n22 Busking and other activities\n(1) A person must not engage in any of the following activities on public\nland without a permit:\n(a) busking, performing or offering entertainment to the public;\n(b) painting or drawing portraits for a fee or donation;\n(c) taking photographs, making a film or recording audio or video\nfor commercial or corporate purposes;\n(d) fundraising;\n(e) preaching or proselytising for religious, political or ideological\npurposes;\n(f) activities related to community or pastoral care.\nExamples for clause (1)\n1 Singing or playing guitar for donations.\n2 Setting up an easel to paint or draw the faces of tourists.\n3 Filming a movie or video on location in Jabiru.\n4 Street fundraising.\n5 Soup kitchens or portable laundry services.\n(2) A person commits an offence of strict liability if the person engages\nin an activity specified in clause (1) without a permit.\nMaximum penalty: 20 penalty units.\n23 Goods on public land\n(1) A person must not, without a permit, place goods in, on or over\npublic land, or outside premises adjoining public land.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with clause (1).\nMaximum penalty: 20 penalty units.\n(3) The following circumstances are not relevant to an offence against\nclause (2):\n(a) whether the goods cause an obstruction;\n(b) whether the goods are for sale.\n\nPart 2 Public facilities and places\nDivision 5 Camping on public land\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 12\n24 On-street parking\nFor the purpose of regulating on-street parking, the Council must\ndetermine the conditions for parking on any street.\nDivision 5 Camping on public land\n25 Permit required to camp on public land\n(1) A person must not camp or set up camp on public land without a\npermit.\n(2) For this by-law, the following activities are taken to be camping or\nsetting up camp:\n(a) occupying, between sunset and sunrise, a vehicle used for\nsleeping;\n(b) erecting a tent or other shelter used for camping;\n(c) setting up bedding, camping gear or other equipment used for\ncamping.\n(3) A person commits an offence of strict liability if:\n(a) the person camps or sets up camp on public land; and\n(b) the person does not have a permit to do so.\nMaximum penalty: 20 penalty units.\n26 Direction to vacate public land\n(1) An authorised person may direct a person who fails to comply with\nby-law 25 to do any of the following:\n(a) leave the public land;\n(b) remove any vehicle, tent, shelter, gear or equipment to a place\nspecified by the authorised person.\n(2) A person commits an offence of strict liability if the person fails to\ncomply with a direction given under clause (1).\nMaximum penalty: 20 penalty units.\n\nPart 3 Waste and recycling\nDivision 1 Waste management\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 13\nDivision 6 Selling goods and services\n27 Stallholder permit\nA person must not sell goods from a stall on public land except in\naccordance with a stallholder permit.\nNote for by-law 27\nA stallholder permit may be subject to conditions under by-law 8(4)(c). Examples\nof conditions that may be applied to a stallholder permit are the following:\n(a) the types of goods that may be sold from the stall;\n(b) days and hours of operation;\n(c) location of the stall and distance from other businesses;\n(d) standards in relation to the order and condition of the stall health or hygiene\nprocedures to be observed by the stallholder;\n(e) a requirement to conduct the stall in a non-obstructive manner.\n28 Offence to conduct stall without stallholder permit\nA person commits an offence of strict liability if the person sells\ngoods from a stall without a stallholder permit.\nMaximum penalty: 20 penalty units.\nPart 3 Waste and recycling\nDivision 1 Waste management\n29 Collection of household waste and recyclables\n(1) Subject to this by-law, the Council must regularly carry out the\ncollection of household waste and recycling from domestic\npremises in the town area of Jabiru.\n(2) The Council may refuse to collect any of the following:\n(a) more than one bin at a time from a domestic premises;\n(b) waste or recycling that is not contained in the correct bin as\napproved by the Council for that purpose;\n(c) waste or recycling that is contained in a bin with a capacity of\nmore than 240 litres;\n(d) waste containing oil, paint, biological waste, batteries,\nchemicals or toxic substances.\n\nPart 3 Waste and recycling\nDivision 1 Waste management\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 14\n30 Notice to remove waste or other discarded material\n(1) The Council may serve on the occupier of land or premises a\nwritten notice to remove from the land or premises any waste or\ndiscarded material (including material prohibited by by-law 31) that\nis likely to adversely affect:\n(a) the health, convenience or comfort of the occupiers of\nadjoining or neighbouring land or premises; or\n(b) the value of adjoining land or premises.\n(2) On receiving a notice under clause (1), the person must remove\nfrom the land or premises the waste or discarded material specified\nin the notice.\n(3) A person commits an offence of strict liability if the person fails to\ncomply with a notice given under clause (1).\nMaximum penalty: 50 penalty units.\n(4) If the Council cannot ascertain the identity of an occupier of land,\nthe Council may serve a notice under clause (1) on the owner of the\nland or premises.\n31 Machines not to be stored or broken up\n(1) A person must not on land or premises:\n(a) store a machine, disused motor vehicle or the body or chassis\nof a motor vehicle, which is not in working order; or\n(b) dismantle or break up a machine, disused motor vehicle or the\nbody or chassis of a motor vehicle, which is not in working\norder.\n(2) Despite clause (1), a person may keep a machine or motor vehicle\nwhich is stored, dismantled or broken up if the machine or motor\nvehicle is:\n(a) inside a building; or\n(b) within an area enclosed by a fence or wall that is:\n(i) not less than 2 metres in height; or\n(ii) of such a nature as to screen the machine or disused\nmotor vehicle and its parts from the adjoining street and\nproperties.\n\nPart 3 Waste and recycling\nDivision 1 Waste management\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 15\n(3) A person commits an offence of strict liability if the person fails to\ncomply with clause (1), except in circumstances permitted by\nclause (2).\nMaximum penalty: 50 penalty units.\n32 Commercial waste and toxic materials\n(1) A person commits an offence of strict liability if the person leaves,\nthrows, deposits or abandons commercial waste other than at a\nwaste management facility, unless the person has a permit to do\nso.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence of strict liability if the person disposes\nof oil or toxic materials other than at a waste management facility.\nMaximum penalty: 50 penalty units.\n33 Disposal of waste at waste management facility\n(1) A person commits an offence of strict liability if the person leaves,\nthrows, deposits or abandons waste at a waste management\nfacility, other than on the days and during the hours specified by the\nCouncil.\nMaximum penalty: 15 penalty units.\n(2) A person commits an offence of strict liability if the person deposits\ncommercial waste at a waste management facility other than on the\ndays and during the hours specified by the Council.\nMaximum penalty: 50 penalty units.\n(3) A person commits an offence of strict liability if the person enters a\nwaste management facility other than in accordance with the\napproved facility rules.\nMaximum penalty: 15 penalty units.\n(4) A person commits an offence of strict liability if the person fails to\ncomply with any direction given by an authorised person or clearly\ndisplayed on signage at a waste management facility relating to the\nplace at which or manner in which either of the following are to be\ndeposited at the facility:\n(a) commercial waste;\n\nPart 3 Waste and recycling\nDivision 2 Offences related to waste\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 16\n(b) oil or toxic materials.\nMaximum penalty: 50 penalty units.\n(5) A person commits an offence of strict liability if the person does not\nallow an authorised person at a waste management facility to\ninspect waste that the person is proposing to deposit at the facility.\nMaximum penalty: 25 penalty units.\nDivision 2 Offences related to waste\n34 Offence to deposit waste\n(1) A person must not deposit waste or recyclable materials in a place\nunless:\n(a) the person is acting under the authority of the Council; or\n(b) the place is an approved bin provided by the Council; or\n(c) the place is a waste management facility.\n(2) A person must not deposit, in an approved bin provided by the\nCouncil, any substance or thing prohibited under the conditions and\nother particulars of the service determined by the Council by\nresolution.\n(3) A person must not deposit or allow to remain on land a substance\nor thing that is likely to attract vermin, unless it is enclosed in a bin\nor container that is vermin-proof.\n(4) A person who conducts a business must not dispose of waste from\nthe business in a residential bin provided by the Council.\n(5) A person commits an offence of strict liability if the person fails to\ncomply with clause (1), (2), (3) or (4).\nMaximum penalty: 50 penalty units.\n35 Offence to discharge liquid waste\n(1) A person commits an offence of strict liability if:\n(a) the person deposits or causes waste water, liquid waste or\nhazardous liquid to be deposited onto public land or into a\ndrain on public land; and\n\nPart 3 Waste and recycling\nDivision 3 Removal of waste deposits\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 17\n(b) the person has no permit for that conduct.\nMaximum penalty: 100 penalty units.\n(2) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant took all reasonable steps and exercised due\ndiligence to avoid committing the offence.\nExamples for by-law 35\nWater leaking from a faulty air conditioner or used cooking oil dumped in a drain.\n36 Offence to interfere with approved bins\n(1) A person who damages an approved bin provided by the Council is\nliable to the Council for the costs of replacing the bin.\n(2) A person commits an offence of strict liability if the person:\n(a) removes anything from an approved bin provided by the\nCouncil; or\n(b) takes or interferes with an approved bin provided by the\nCouncil; or\n(c) causes an approved bin provided by the Council to become a\ndanger to public health or to affect the comfort of persons\noccupying or passing through or along neighbouring premises.\nMaximum penalty: 50 penalty units.\n(3) An employee or contractor engaged by the Council to collect waste\nand recycling is exempt from clause (2)(a) and (b).\nDivision 3 Removal of waste deposits\n37 Removal of waste\n(1) An authorised person may, by written notice, direct a person\nresponsible for waste in a public place or on vacant land to remove\nthe waste within a stated period.\n(2) The authorised person must determine the period under clause (1)\nby taking into account the nature, quantity and location of the\nwaste.\n(3) If the waste to be removed under clause (1) constitutes a threat or\nrisk to public safety, the authorised person may specify in the notice\nthat the waste must be removed immediately.\n\nPart 4 Safety\nDivision 1 Fires\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 18\n(4) If a person does not comply with a notice under clause (1), an\nauthorised person may carry out the work required to remove the\nwaste.\n(5) Any costs properly and reasonably incurred by the Council under\nclause (4) are recoverable as unpaid rates or as a debt due and\npayable to the Council.\n38 Offence not to comply with direction\nA person commits an offence of strict liability if the person:\n(a) receives a direction under by-law 37; and\n(b) fails to comply with the direction.\nMaximum penalty: 50 penalty units.\nPart 4 Safety\nDivision 1 Fires\n39 Lighting fires\n(1) A person must not light a fire or keep a fire burning unless:\n(a) the person has permission to light or keep the fire under a law\nof the Territory or law of the Commonwealth; or\n(b) a person is operating a crematorium or incinerator licensed\nunder a law of the Territory or otherwise approved by the\nCouncil; or\n(c) the fire is:\n(i) for meal preparation or personal comfort; and\n(ii) safely contained and supervised in a barbecue, fireplace\nor fire pit constructed of fireproof materials; and\n(iii) not larger than 1 m 2; and\n(iv) at least 4 m away from any flammable vegetation or\nother material.\n\nPart 4 Safety\nDivision 2 Unsafe and unsanitary behaviour\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 19\n(2) A person commits an offence of strict liability if the person lights a\nfire or keeps a fire burning contrary to clause (1).\nMaximum penalty: 50 penalty units.\nNote for by-law 39\nThe Bushfires Management Act 2016 also provides for the control of fires.\n40 Burning offensive substance or thing\nA person commits an offence if:\n(a) the person intentionally burns or heats any substance or\nthing; and\n(b) that conduct results in an odour that is offensive to another\nperson on adjacent land or public land and the person is\nreckless in relation to that result.\nMaximum penalty: 50 penalty units.\nDivision 2 Unsafe and unsanitary behaviour\n41 Breaking glass or other material\n(1) A person commits an offence of strict liability if:\n(a) the person intentionally breaks glass or other material; and\n(b) the pieces of the glass or other material are on public land;\nand\n(c) the pieces of the glass or other material are likely to cause\ninjury to a person or animal.\nMaximum penalty: 50 penalty units.\n(2) A person does not commit an offence against clause (1) if the\nbroken pieces were collected and disposed of safely and without\ndelay.\n42 Throwing object causing damage\nA person commits an offence if:\n(a) the person intentionally throws, or uses a device to throw, a\nstone or other object onto, into or from public land; and\n\nPart 5 Animal management\nDivision 1 General keeping of animals\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 20\n(b) the conduct results in:\n(i) damage to property; or\n(ii) hitting or frightening a person or animal; and\n(c) the person is reckless in relation to that result.\nMaximum penalty: 20 penalty units.\n43 Unsanitary behaviour\nA person commits an offence of strict liability if the person urinates\nor defecates on public land, other than in a toilet.\nMaximum penalty: 20 penalty units.\nPart 5 Animal management\nDivision 1 General keeping of animals\n44 Prohibition on keeping animals\n(1) For this Part, a person keeps an animal if:\n(a) the person has custody or possession of the animal; or\n(b) the animal, as a result of action taken by the person, is\nordinarily kept on the person's land.\n(2) A person must not keep an animal other than:\n(a) a fish indigenous to the Magela Creek system; or\n(b) a dog that is kept in accordance with this Part.\n(3) A person commits an offence of strict liability if the person keeps an\nanimal other than as permitted under clause (2).\nMaximum penalty: 50 penalty units.\nNote for by-law 44\nSee also regulation 12.19 of the Environment Protection and Biodiversity\nConservation Regulations 2000 (Cth).\n45 Entry and removal\n(1) An authorised person may enter land on which it has reason to\nbelieve there is or may be an animal prohibited under by-law 44\nand take all necessary steps to remove the animal from the land.\n\nPart 5 Animal management\nDivision 2 Responsible ownership of dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 21\n(2) The authorised person must give at least 24 hours notice to the\nowner or occupier of the land before entering land under clause (1).\n46 Destruction of animals\nAn animal that is removed from land under by-law 45 may be:\n(a) removed from Jabiru in accordance with the directions of the\nCouncil; or\n(b) destroyed:\n(i) by a veterinarian or an officer of the Council authorised\nin writing by the Council; and\n(ii) in a manner approved by the Australian Veterinary\nAssociation.\n47 Abandonment of animals\nA person commits an offence of strict liability if the person\nabandons or sets at large an animal.\nMaximum penalty: 50 penalty units.\n48 Removal or disposal of animal remains\n(1) The Council may arrange for the removal and disposal of the\nremains of a dead animal found in a public place.\n(2) The Council may recover expenses incurred in removing and\ndisposing of a dead animal from the owner of the animal as a debt\ndue and payable to the Council.\nDivision 2 Responsible ownership of dogs\n49 Registration required\n(1) A person who keeps a dog in Jabiru for more than 3 months must\napply to the Council to register the dog to an address at which the\ndog is usually kept.\n(2) The Council must, by resolution, determine the following:\n(a) the process for registering dogs;\n(b) any grounds for refusing to register a dog;\n(c) any conditions of registration;\n\nPart 5 Animal management\nDivision 2 Responsible ownership of dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 22\n(d) date of expiry of a registration.\nExamples for clause (2)(b)\nUnsuitable premises or excessive number of dogs.\n50 Offence of unregistered dog\n(1) A person commits an offence of strict liability if the person keeps an\nunregistered dog in Jabiru for a period of 3 months or longer.\nMaximum penalty: 50 penalty units.\n(2) The following persons are exempt from clause (1):\n(a) a Council employee or contractor who keeps a dog in a\npound;\n(b) a person who or entity that provides animal welfare services;\n(c) a veterinarian who keeps a dog for treatment.\n51 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(2) A person commits an offence of strict liability if:\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.\nMaximum penalty: 50 penalty units.\n52 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 event.\n(3) A person commits an offence of strict liability if the person:\n(a) is the owner of a registered dog; and\n\nPart 5 Animal management\nDivision 2 Responsible ownership of dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 23\n(b) fails to comply with clause (1) or (2).\nMaximum penalty: 10 penalty units.\n53 Maximum number of dogs\n(1) Subject to clause (2), a person commits an offence of strict liability\nif the person keeps a dog on premises where there are already\n2 dogs.\nMaximum penalty: 20 penalty units.\n(2) The Council may, on application, grant a permit to a person to keep\nmore than 2 dogs on a premises.\n54 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\nadvance; and\n(b) consider any responses to the notice from residents of Jabiru.\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) A person commits an offence of strict liability if the person:\n(a) owns a dog; and\n(b) subject to clause (5), fails to comply with the conditions of a\ndog restricted area.\nMaximum penalty: 50 penalty units.\n(5) The owner of a dog may not comply with the conditions for the dog\nrestricted area if any of the following apply:\n(a) the dog is an assistance dog;\n(b) the person is authorised not to comply with one or more\nspecified conditions by an authorised person;\n\nPart 5 Animal management\nDivision 3 Dangerous dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 24\n(c) the Council has granted an exemption by resolution.\nDivision 3 Dangerous dogs\n55 Dog menaces\n(1) The owner of a dog must ensure it does not menace a person or\nanother animal.\n(2) For this Division, 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 the owner of the animal.\n(3) The owner of a dog commits an offence of strict liability if the owner\nfails to comply with clause (1).\nMaximum penalty: 50 penalty units.\n56 Dog attacks\n(1) The owner of a dog must ensure it does not attack a person or\nanother animal.\n(2) For this Division, a dog is taken to attack a person or another\nanimal if it:\n(a) bites the person or animal causing a puncture or break to the\nskin; or\n(b) assaults the person or animal resulting in bleeding, bone\nbreakage, sprains, scratches or bruising; or\n(c) behaves aggressively resulting in physical contact with the\nperson or animal and damage to anything worn by the person\nor animal.\n(3) The owner of a dog commits an offence of strict liability if the owner\nfails to comply with clause (1).\nMaximum penalty: 100 penalty units.\n57 Defences\nIt is a defence to a prosecution for an offence against by-law 55 or\n56 if:\n(a) another person had, without the defendant's permission,\ncaused the dog to menace or attack the person or animal; or\n\nPart 5 Animal management\nDivision 3 Dangerous dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 25\n(b) in the case of a person being menaced or attacked – the\nperson was on premises owned or occupied by the defendant\nwithout consent (whether express or implied); or\n(c) in the case of another animal being menaced or attacked – the\nother animal was on premises owned or occupied by the\ndefendant without consent (whether express or implied).\n58 Orders to impound or destroy\nIf a court finds a person guilty of an offence against by-law 55 or 56,\nthe court may order either or both of the following in addition to, or\ninstead of, the penalty for the offence:\n(a) if the dog is impounded as a result of the offence – that the\nperson pay the costs and expenses of, and incidental to, the\nimpounding;\n(b) that the dog be destroyed.\n59 Declaration of 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 another 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).\n60 Duties of owner of dangerous dog\n(1) This by-law applies to the owner of a dangerous dog.\n\nPart 5 Animal management\nDivision 3 Dangerous dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 26\n(2) The owner must, within 14 days after the day the declaration takes\neffect:\n(a) provide to an authorised person evidence from a veterinarian\nthat the dog is desexed; and\n(b) if the dangerous dog is not desexed, arrange for it to be\ndesexed at the owner's expense; and\n(c) undergo behavioural or other training with the dog, as\nspecified by the CEO, at the owner's expense.\n(3) The owner must ensure the dangerous dog is kept contained in a\nsecure enclosure that is appropriate to contain the dangerous dog.\nExample for clause (3)\nHigh and strong fencing would be required for a large dangerous dog.\n(4) The owner must post signage on the premises where the\ndangerous dog is usually kept with the words \"Warning Dangerous\nDog\" clearly visible and legible from the front boundary of the\npremises.\n(5) When the dangerous dog is outside the premises where it is usually\nkept, the owner must ensure that:\n(a) the dog is under the control of a person who is at least\n18 years of age and competent to restrain the dog; and\n(b) the dog is muzzled and controlled by a suitable leash.\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 another animal within 24 hours\nof the earlier 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.\n61 Notice to Council\n(1) The owner of a dangerous dog must notify the Council if the dog is\nmissing within 24 hours after the owner becomes aware the dog is\nmissing.\n\nPart 5 Animal management\nDivision 3 Dangerous dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 27\n(2) The owner of a dangerous dog must notify the Council if the dog\ndies within 14 days after its death.\n(3) If the owner of a dangerous dog intends to transfer ownership of the\ndangerous dog, the owner must:\n(a) inform the prospective owner that the dog is dangerous; and\n(b) notify the Council of the name and address of the new owner\nat least 72 hours before the transfer.\n62 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 60 more than once in a 12-month period, an\nauthorised person may require the owner to take either or both of\nthe following actions:\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 an authorised person intends to take action under clause (1), the\nauthorised person must give the owner of the dangerous dog a\nnotice that:\n(a) states what action the authorised person is proposing under\nthat clause; and\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 of the day\nof the notice, an authorised person must decide whether to take\naction under clause (1).\n(4) As soon as practicable after making a decision under clause (3), an\nauthorised person must give a notice of the decision to the owner of\nthe dangerous dog.\n63 Offence in relation to dangerous dogs\nA person commits an offence of strict liability if the person:\n(a) is the owner of a dangerous dog; and\n\nPart 5 Animal management\nDivision 3 Dangerous dogs\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 28\n(b) fails to comply with by-law 60 or 61.\nMaximum penalty: 100 penalty units.\n64 Enticement or incitement\n(1) A person must not entice or incite a dog to:\n(a) menace a person or another animal; or\n(b) engage in behaviour that is prohibited by by-law 65; or\n(c) attack a person or another 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(2) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct causes a dog to:\n(i) menace a person or another animal; or\n(ii) attack a person or another animal; or\n(iii) engage in behaviour that is prohibited by by-law 65; and\n(c) the person is reckless in relation to that result.\nMaximum penalty: 50 penalty units.\n65 Dog causing nuisance\n(1) The owner of a dog must ensure the dog is not a nuisance to\npeople or animals.\n(2) For this by-law, a dog is taken to be a nuisance if it:\n(a) causes, or is likely to cause, injury or is dangerous to the\nhealth of the community or a person other than its owner; or\n(b) behaves repeatedly in a manner contrary to:\n(i) the general interests of the community; or\n(ii) the specific and reasonable interests of a person other\nthan its owner; or\n\nPart 5 Animal management\nDivision 4 Seizure, impounding and destruction of dogs and other animals\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 29\n(c) creates a noise or an odour of a degree or to an extent that\ndisturbs the reasonable mental, physical or social wellbeing of\na person 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)\nConstant or loud barking, especially when pedestrians walk past the premises.\n(3) The owner of a dog that defecates in public must immediately\nremove the faeces and dispose of them in a sanitary manner.\n(4) The owner of a dog must ensure it does not aggressively chase a\nperson or vehicle or another animal.\n(5) The owner of a dog must not allow the animal to come within 10 m\nof a public play structure or public exercise structure, unless the\ndog is under direct control of its owner.\n(6) A person must not bring a dog into the town centre unless:\n(a) the dog is an assistance dog; or\n(b) the person holds a permit to do so; or\n(c) the dog is allowed under an exemption determined by the\nCouncil, by resolution.\n(7) A person must not feed a wild or feral dog.\n(8) A person commits an offence of strict liability if the person fails to\ncomply with clause (1), (3), (4), (5), (6) or (7).\nMaximum penalty: 50 penalty units.\nDivision 4 Seizure, impounding and destruction of dogs and\nother animals\n66 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 or any other animal that an authorised person believes\non reasonable grounds has attacked a person; or\n(c) a dog or any other animal that is at large; or\n\nPart 5 Animal management\nDivision 4 Seizure, impounding and destruction of dogs and other animals\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 30\n(d) a dangerous dog whose owner is not complying with\nDivision 3.\n(2) As soon as practicable after seizing an animal, the authorised\nperson must:\n(a) impound the animal in a pound; or\n(b) in the case of a dog – return the dog to its owner.\n67 Notice of impounding\n(1) The CEO must ensure that reasonable steps are taken to notify the\nowner of an impounded dog that:\n(a) the dog is impounded; and\n(b) subject to by-laws 69 and 71, the owner must collect it.\n(2) The owner of an impounded dog who receives a notice under\nclause (1) must collect the dog within the time specified in the\nnotice.\n(3) A person commits an offence of strict liability if the person:\n(a) owns a dog; and\n(b) receives a notice under clause (1) that the owner must collect\nthe dog; and\n(c) fails to collect the dog within the time specified in the notice.\nMaximum penalty: 50 penalty units.\n68 Release 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) Subject to by-law 69, an impounded dog must not be released from\na pound unless:\n(a) it is registered (either with the Council or another council); and\n(b) it is released to its owner or to a person authorised to act on\nbehalf of the owner; and\n\nPart 5 Animal management\nDivision 4 Seizure, impounding and destruction of dogs and other animals\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 31\n(c) the Council receives any fees payable in relation to it.\nNote for by-law 68\nSection 289 of the Act allows the Council to charge fees for services, including\ncharging the owner of a dog for:\n(a) the costs incurred by the Council in relation to an impounded dog; and\n(b) delivering the dog from the pound.\n69 Diseased dog\n(1) An authorised person must make arrangements for any impounded\ndog that is suspected of being infected with a contagious disease to\nbe isolated from other animals in the pound.\n(2) An authorised person must take reasonable steps to give the owner\nof a dog isolated 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 authorised person may, in the notice given under clause (2),\nrequire the owner of the dog to give the Council a report on its\ncondition and the condition of any other dogs usually kept at the\nsame premises at which the diseased dog is usually kept.\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 Council within the time specified in the\nnotice.\n(5) A dog that is isolated under this by-law may be released from the\npound in accordance with by-law 68, subject to any conditions an\nauthorised person 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 of strict liability if the owner:\n(a) fails to comply with clause (4); or\n\nPart 5 Animal management\nDivision 4 Seizure, impounding and destruction of dogs and other animals\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 32\n(b) fails to comply with a condition imposed under clause (5).\nMaximum penalty: 50 penalty units.\n70 Transfer of dog\nThe CEO may make arrangements for the transfer of dogs from a\npound to a person or entity that provides animal welfare services.\nExample for by-law 70\nArrangements could be made with the RSPCA or other organisations that provide\ncare for unwanted and stray animals.\n71 Destruction of dog\n(1) The CEO may arrange for a dog to be destroyed if:\n(a) the dog is diseased, savage or destructive and in the opinion\nof the CEO is an immediate and actual threat to public safety;\nor\n(b) the dog is diseased or injured and in the opinion of the CEO it\nwould be cruel to keep it alive.\n(2) As soon as practical after arranging the destruction of a dog under\nthis by-law the CEO must make a reasonable attempt to find the\ndog's owner and inform, in writing, the dog's owner of the\ndestruction.\n72 Destruction of other animal\nThe CEO may arrange for an animal other than a dog to be\ndestroyed if:\n(a) the animal is in the pound, is seized or abandoned or is found\non public land; and\n(b) the animal is diseased, injured, savage, destructive,\nunclaimed or unwanted; and\n(c) it is humane to destroy the animal in the circumstances.\n73 Manner of destroying animal\nAny destruction of an animal under these By-laws 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\nPart 6 Advertising and handbills\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 33\nPart 6 Advertising and handbills\n74 Permit for handbills\n(1) A person must not, without a permit, affix a handbill:\n(a) to a power pole, signpost or fixture in a street; or\n(b) to or against a structure adjoining public land; or\n(c) to a vehicle on public land.\n(2) A person who affixes a handbill under a permit must:\n(a) ensure the handbill is preserved in a clean and tidy condition;\nand\n(b) remove the handbill after the information it contains expires or\nis no longer relevant; and\n(c) properly dispose of any waste arising from the handbill.\nExample for clause (2)(b)\nTake down a concert handbill after the concert is over.\n(3) An authorised person may, by written notice, require the following\npersons to remove or remediate any handbill that is dirty, untidy,\nworn, torn or detached:\n(a) any person who was issued the permit to post the handbill;\n(b) the owner or occupier of the land where the handbill is posted;\n(c) the person who sponsored or is responsible for the handbill.\n(4) A person who receives a notice under clause (3) must comply with\nthe notice.\n(5) A person commits an offence of strict liability if the person fails to\ncomply with clause (1), (2) or (4).\nMaximum penalty: 20 penalty units.\n75 Establishing advertising code\n(1) The Council must establish an outdoor advertising code to prohibit\nand regulate outdoor advertising on:\n(a) land owned, occupied or under the control of the Council; or\n\nPart 6 Advertising and handbills\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 34\n(b) premises adjoining, or visible from, land owned, occupied or\nunder the control of the Council.\n(2) The outdoor advertising code may:\n(a) define expressions used in this Part and not defined in these\nBy-laws; and\n(b) classify advertising and the criteria or conditions applicable to\neach class; and\n(c) create exemptions from the requirement for an outdoor\nadvertising permit; and\n(d) provide for matters necessary or convenient for this Part.\n(3) An outdoor advertising code must be published.\n76 General standards for advertising signs\nA person installing or exhibiting outdoor advertising must ensure\nthe advertising:\n(a) complies with the outdoor advertising code; and\n(b) does not detract from the quality and architectural character of\nthe premises on which the advertising is installed or exhibited;\nand\n(c) has no negative effect on the environmental character and\namenity of the surrounding area; and\n(d) is in good repair and poses no risk to the health and safety of\nthe public.\nExamples for by-law 76\n1 Advertising must not obstruct, or cause distraction to, vehicular and\npedestrian traffic.\n2 A sign must be built to withstand high winds.\n77 Interference with Council advertising\nA person commits an offence of strict liability if the person removes,\nchanges, defaces or otherwise interferes with any outdoor\nadvertising installed or exhibited by the Council.\nMaximum penalty: 50 penalty units.\n\nPart 7 Infringement notice offences\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 35\nPart 7 Infringement notice offences\n78 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.\n79 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 issue a notice (an infringement notice) to\nthe person.\n80 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 is issued, if\nknown;\n(b) the date the infringement notice is issued 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 Council within 28 days after the\nnotice is issued;\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\nCouncil; and\n\nPart 7 Infringement notice offences\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 36\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).\n81 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.\n82 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.\n83 Withdrawal of infringement notice\n(1) An authorised person may withdraw the infringement notice by\nwritten notice issued to the person.\n(2) The notice must be issued:\n(a) within 28 days after the infringement notice is issued to the\nperson; and\n(b) before payment of the prescribed amount.\n84 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 issued unless the offence is expiated.\n(2) This Part does not:\n(a) require an infringement notice to be issued; or\n\nPart 8 Repeals and transitional matters\nDivision 2 Transitional matters for West Arnhem Regional Council (Jabiru Town) By-\nlaws 2024\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 37\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 issued;\nor\n(c) prevent more than one infringement notice for the same\noffence being issued to a person.\n(3) If more than one infringement notice for the same offence has been\nissued to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n85 By-laws repealed\nThe By-laws specified in Schedule 2 are repealed.\nDivision 2 Transitional matters for West Arnhem Regional\nCouncil (Jabiru Town) By-laws 2024\n86 Definitions\nIn this Division:\ncommencement means the commencement of these By-laws.\nformer By-laws means the By-laws repealed by by-law 85.\n87 Former determinations\nA charge, due, fare, fee or rent determined by the Council under the\nformer By-laws and in force immediately before the commencement\ncontinues in effect as if it were determined by the Council under the\nAct until amended or revoked by the Council.\n88 Former authorisations, permits and registrations\n(1) A licence, permit or other authorisation issued, granted or renewed\nunder the former By-laws that is in effect immediately before the\ncommencement continues in effect as if it were a permit granted\nunder these By-laws or by the Council until revoked or expired.\n(2) A registration issued, granted or renewed under the former By-laws\nthat is in effect immediately before the commencement continues in\neffect as if it were a registration granted under these By-laws or by\nthe Council until revoked or expired.\n\nSchedule 1 Infringement notice offences\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 38\nSchedule 1 Infringement notice offences\nby-law 78\nItem Provision Prescribed amount in penalty units\nfor individual for body corporate\n1 by-laws 10(5), 22(2), 23(2),\n25(3), 26(2), 28, 33(1), (3)\nand (5), 34(5), 36(2), 42,\n43, 52(3), 53(1) and 74(5)\n1 5\n2 by-laws 8(7), 12(2), 13(2),\n15(2), 16(3), 17(2), 18(3),\n19(2), 20(2), 21(4), 30(3),\n31(3), 32(1) and (2), 38,\n39(2), 41(1), 47, 50(1),\n54(4), 64(2) and 67(3)\n2 10\n3 by-law 69(7) 3 15\n4 by-laws 33(2) and (4)\nand 40\n4 20\n5 by-laws 14(6) and 63 9 45\n6 by-laws 44(3), 51(2) and\n65(8)\n10 50\n7 by-law 56(3) 20 100\n\nSchedule 2 Repealed By-laws\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 39\nSchedule 2 Repealed By-laws\nby-law 85\nWest Arnhem Regional Council (Jabiru\nTown) (Control of Animals)\nBy-laws 1984\nSubordinate Legislation\nNo. 40 of 1984\nWest Arnhem Regional Council (Jabiru\nTown) (Control of Dogs) By-laws 1992\nSubordinate Legislation\nNo. 27 of 1992\nWest Arnhem Regional Council (Jabiru\nTown) (Refuse) By-laws 1983\nSubordinate Legislation\nNo. 7 of 1983\nWest Arnhem Regional Council (Jabiru\nTown) (Roads and Public Places)\nBy-laws 1983\nSubordinate Legislation\nNo. 42 of 1983\nWest Arnhem Regional Council (Jabiru\nTown) (Stallholders) By-laws 1983\nSubordinate Legislation\nNo. 8 of 1983\nWest Arnhem Regional Council (Jabiru\nTown) (Swimming Pool Complex)\nBy-laws 1982\nSubordinate Legislation\nNo. 82 of 1982\n\nENDNOTES\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 40\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\nWest Arnhem Regional Council (Jabiru Town) By-laws 2024 (SL No. 28, 2024)\nNotified 17 December 2024\nCommenced 1 January 2025 (bl 2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument consolidates and replaces several discrete historical by-laws (listed in Schedule 2) into a single, town-wide regulatory code (by-law 85). Mechanically this broadens scope from separate topic-specific instruments to an integrated scheme that adds modern regulatory categories (for example commercial filming, an outdoor advertising code, a formal infringement notice regime) and expands administrative powers for the CEO and authorised officers (permit control, remediation, cost recovery, dangerous-dog declarations). It therefore grows beyond the older, narrower by-laws by centralising decision-making, standardising permit-based controls across many activities, and formalising enforcement and penalty structures (see by-laws 8–11, 59, Part 7 and Schedule 1)."},"complexity_factors":["Comprehensive consolidation of multiple topics into one instrument (8 Parts and multiple Divisions).","Extensive defined terms in by-law 5 (dozens of operational definitions used across the instrument).","Frequent use of strict liability across many clauses (multiple offences with different penalty units).","Infringement notice framework with Schedule 1 mapping offences to penalty units (cross-references between Parts 7 and Schedules).","Significant administrative discretion vested in CEO and authorised officers (permit decisions, revocations, declarations, remedial action).","Numerous procedural steps and nested processes (permit application, notice-and-remedy, recovery of costs, impounding and destruction of animals).","Cross-references to Territory and Commonwealth laws (Local Government Act, Criminal Code Part IIAA, Anti-Discrimination Act, Motor Vehicles Act, Litter Act, EPBC Regulations).","Transitional provisions and repeal of many prior by-laws (Part 8, Schedule 2) which require continuity of prior authorisations and fees."],"plain_english_summary":"**What these by-laws do (mechanics first)**\n\n- Create a single, town-wide rulebook for what people may do on public land in Jabiru and how the Council enforces those rules. The Council uses permits, notices and penalties to regulate activities such as building cross-overs, erecting structures, busking and commercial filming, selling goods from stalls, camping, managing waste, lighting fires, advertising, and keeping animals (see by-laws 3, 6–8, Parts 2–6).  \n\n- Give the Chief Executive Officer (CEO) and authorised Council officers broad powers to grant, refuse, vary or revoke permits, to inspect and issue directions, to seize and impound animals, and to carry out work and recover costs where owners do not comply (by-laws 8–11, 37, 66–71).  \n\n- Make many contraventions offences of strict liability (no need for the prosecutor to prove fault), with specified maximum penalties and an infringement notice (on-the-spot fine) system for certain breaches (see by-law 8(7) and Schedule 1; Parts 7 and Schedule 1).  \n\n- Replace a set of older local by-laws by repealing them and continuing existing permits/fees temporarily while the Council updates them (by-law 85 and Division 2, Part 8).\n\n**Who is affected**\n\n- Residents and property owners: obligations to maintain fences/structures, trim vegetation, remove waste when served notices, and to comply with permits and requirements for works adjoining public land (by-laws 11, 12, 16, 21, 29–31). The Council can carry out work and recover costs if owners do not comply (by-law 12(3)–(4), 37(4)–(5)).\n\n- Businesses, stallholders and commercial operators: stallholder permits and conditions affect where and how goods may be sold; commercial filming, busking and fundraising require permits; disposal of commercial waste is limited to approved facilities and times (by-laws 22–28, 29–33).\n\n- Dog owners and those keeping animals: registration requirements, limits on numbers, rules on nuisance, menacing or attacking behaviour, a dangerous-dog declaration process, obligations to desex, muzzle, confine and train dangerous dogs, and powers to seize/impound or destroy animals in specified circumstances (by-laws 44–73).\n\n- Visitors and people using public land: restrictions on camping, fires, obstructing facilities, placing goods on public land, and advertising; potential expiation (payment) for some breaches via infringement notices (by-laws 22–26, 39, 23, 74, Parts 7 and Schedule 1).\n\n- The Council and authorised officers: responsibility to administer permits, maintain records (for example dangerous dog declarations), publish some decisions (dog-restricted areas, advertising code) and to enforce compliance (by-laws 8–11, 59, 75).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The by-laws are framed to promote public health, safety, amenity and orderly use of public land in Jabiru (by-law 3). Practically, they centralise regulatory control in the Council and its CEO/authorised officers (by-laws 8–11). That means many day-to-day activities that previously required little or no local permission now sit subject to a permit, condition or prohibition (examples: busking, filming, stall sales, camping, some roadworks and advertising).\n\n- Financial and administrative consequences flow to private parties who do not comply: fines (penalty units set out in Schedule 1), costs recoverable by the Council if it must fix a problem (by-laws 12(3)–(4), 37(4)–(5)), and permit fees determined by Council resolution (by-law 8(2)).\n\n**Key legal design features and their concrete implications**\n\n- Permits are the default control mechanism. Applicants must apply in writing and pay any Council-determined fee; permits are non-transferable and may be made conditional (by-law 8). The CEO has discretion to grant, vary or revoke (by-law 9).\n\n- Extensive use of strict liability. Numerous offences are strict liability (for example by-laws 8(7), 12(2), 14(6), 17(2), 20(2), 34(5), 56(3)), meaning a person can be punished without proof of intention or negligence. This reduces Council's burden in prosecution but increases risk that innocuous or accidental conduct will attract penalties.\n\n- Enforcement and cost recovery powers. The Council can serve compliance notices, carry out required work if owners do not comply, and recover costs as unpaid rates or a debt (by-law 12(3)–(4)). Authorised officers can seize animals, issue infringement notices and require remedial action (by-laws 37, 66, Part 7).\n\n- Infringement notice regime for many day-to-day breaches. Schedule 1 maps by-law breaches to penalty units and permits on-the-spot expiation (Part 7). If paid, the offence is expiated (no further court action) (by-law 82).\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Who pays: private individuals and businesses bear most direct costs (permit fees, reinstatement of roads or crossings under a permit, costs of complying with notices, fines and debts recovered as rates) (by-laws 8(5), 12(4), 37(4)–(5), Schedule 1).\n\n- Who decides: the Council and its CEO/authorised officers exercise broad administrative discretion over permits, declarations (e.g. dangerous dogs), enforcement actions and fees (by-laws 8–11, 59–63, 29(2)). This centralises decision-making within the local authority.\n\n- Behavioural changes expected: fewer ad-hoc commercial activities on public land (stallholder and advertising permits required); tighter control over animals (registration, limits, dangerous-dog regimes); increased care by property owners to avoid costs and notices (vegetation, waste, excavation and road works rules).\n\n- Compliance burden: registration paperwork, permit applications and possible conditions (e.g. reinstatement obligations for works, health/hygiene requirements for stallholders) create time and cost burdens for residents and businesses (by-laws 8–9, 27 note).\n\n- Trade-offs: stricter, predictable local regulation and clearer enforcement powers may improve public safety and amenity, but they also reduce informal flexibility and impose transaction costs on small traders, visitors and households (see by-laws 22–28 and Part 3 on waste).\n\n- Implementation risks: effective application depends on the Council’s administrative capacity to process permits, publish required notices (for example dog-restricted areas and the advertising code), keep accurate records (dangerous dogs) and apply recoveries; inconsistent exercise of discretion or poor notice procedures could produce disputes (by-laws 54(2)–(3), 59(2)–(4), 75(3)).\n\n**Specific sections worth noting**\n\n- Permit framework and penalties: by-laws 8–9 and Schedule 1.  \n- Enforcement and recovery: by-law 12(3)–(4) (Council carrying out work and recovering costs).  \n- Strict liability offences common across parts (examples: by-laws 8(7), 12(2), 14(6), 20(2), 34(5), 56(3)).  \n- Dog management and dangerous-dog process: by-laws 49–63.  \n- Infringement notice process: Parts 7 and Schedule 1 (issues, content, expiation) (by-laws 78–84 and Schedule 1).  \n\n**Bottom line**\n\nThese by-laws consolidate and modernise local regulation for Jabiru into a single instrument. They shift many routine public-space activities onto a permit-and-notice footing, vest broad administrative discretion in the Council and its CEO/authorised officers, and rely heavily on strict‑liability offences and an infringement notice system to secure compliance. That structure lowers prosecutorial burden for the Council but raises compliance costs and legal risk for individuals and small operators who use public land."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, these by-laws appear to fulfil their stated purpose of providing local governance rules for Jabiru Town under the West Arnhem Regional Council. The split administrative responsibility between the Department and the Electoral Commission for Chapter 8 is standard practice for local government by-laws that include electoral provisions. There is no indication of scope creep beyond the original intent of establishing local council governance rules for the Jabiru town area."},"complexity_factors":["Split administrative responsibility between two government agencies (Department of Housing, Local Government and Community Development and the NT Electoral Commission) adds a layer of structural complexity","The document provided contains minimal substantive content — the actual by-law provisions are not included, making full assessment impossible","By-laws of this type typically cover multiple subject areas (conduct, elections, facilities, animals, etc.) which can interact in complex ways","The Northern Territory local government framework, particularly for remote and regional councils, involves additional layers of federal and territory law that residents may need to navigate","The unique context of Jabiru — located within Kakadu National Park with overlapping Commonwealth, Territory and traditional land rights considerations — may add interpretive complexity"],"plain_english_summary":"The West Arnhem Regional Council (Jabiru Town) By-laws 2024 set local rules for managing Jabiru — covering town administration, community standards and local elections — and apply to residents, visitors, businesses and the council. Most provisions are administered by the NT Department of Housing, Local Government and Community Development, with elections handled by the Northern Territory Electoral Commission. Made 6 Dec 2024, in force 1 Jan 2025, tabled 20 Mar 2025; important given Jabiru’s Kakadu location and strong Aboriginal community."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"by-law 60(7)","severity":"high","reasoning":"By-law 60(7) requires notification within 24 hours of the earlier of the attack and the owner's awareness. If awareness occurs more than 24 hours after the attack, the deadline has already expired. Failure is an offence under by-law 63.","confidence":0.99,"description":"The notification deadline can expire before the owner becomes aware of an attack or alleged attack.","source_quotes":["The owner must notify the Council of any attack, or alleged attack, by the dangerous dog of a person or another animal within 24 hours of the earlier of the following:","the time of the attack or alleged attack;","the time the owner becomes aware of the attack or alleged attack."]},{"type":"retroactive_impossibility","section":"by-laws 61(2) and 63","severity":"high","reasoning":"By-law 61(2) requires notification within 14 days after death, without an awareness-based alternative. If the owner learns of the death after 14 days, timely notification is impossible. Failure is an offence under by-law 63.","confidence":0.98,"description":"The deadline for notifying the dog's death can expire before the owner becomes aware of the death.","source_quotes":["The owner of a dangerous dog must notify the Council if the dog dies within 14 days after its death.","A person commits an offence of strict liability if the person:","fails to comply with by-law 60 or 61."]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation consolidates and significantly expands upon the original scope. It repeals six separate by-laws from the 1980s-1990s that covered discrete topics (animals, refuse, roads, stallholders, swimming pools) and merges them into a comprehensive code. The scope has grown to include modern concerns not present in the original by-laws: commercial filming permits, specific dangerous dog management protocols, detailed waste management facility rules, and formal recognition of Traditional Owners. The animal management provisions have expanded from basic 'control of dogs' to include complex dangerous dog declarations, behavioural training requirements, and specific destruction protocols."},"complexity_factors":["Moderate length (84 by-laws plus schedules) but highly structured with 8 Parts and multiple Divisions","27 defined terms in section 5, including cross-references to external legislation (Criminal Code, Local Government Act, etc.)","Extensive permit system requiring cross-referencing between general permit rules (by-law 8) and specific activity rules (e.g., camping, busking, cross-overs)","Nested conditional logic in dog management provisions (e.g., dangerous dog declarations trigger cascading duties in by-laws 60-63 with specific timeframes: 14 days, 24 hours, 72 hours)","Multiple exceptions and exemptions scattered throughout (e.g., assistance dogs exempt from restrictions, Council employees exempt from permit requirements, specific defences to offences)","Strict liability offences (no need to prove intent) mixed with fault-based offences (requiring intent/recklessness), requiring careful parsing of each provision","Transitional provisions preserving old permits and determinations under new regime"],"plain_english_summary":"**What this is:** These are local council rules (called \"by-laws\") for Jabiru, a town in the Northern Territory. They replace six older sets of rules from the 1980s and 1990s with one updated, consolidated law.\n\n**Who it affects:** Everyone in Jabiru—residents, businesses, visitors, and particularly dog owners, stallholders, and anyone using public land.\n\n**What it does:**\n\n*   **Public spaces:** Controls what you can build or dig on public land (roads, footpaths, parks). You generally need a **permit** (official permission) to do things like construct driveway crossings, dig near public land, put up structures, or trim vegetation that overhangs public areas.\n*   **Activities on public land:** Requires permits for busking, filming for commercial purposes, fundraising, preaching, camping, and selling goods from stalls. It also bans placing goods on public land without permission.\n*   **Waste and recycling:** Sets rules for rubbish collection, bans dumping commercial waste or toxic materials except at designated facilities, and prohibits storing broken-down vehicles or machinery unless hidden from view.\n*   **Safety:** Restricts lighting fires (only small, contained fires for cooking/comfort allowed), bans burning offensive-smelling substances, and prohibits breaking glass in public or throwing objects that could damage property or injure people.\n*   **Animals:**\n    *   **General:** You can only keep dogs (registered) or native fish from the local creek system. Other animals are banned.\n    *   **Dogs:** Must be registered after 3 months. Maximum of 2 dogs per property unless you get a permit. Owners must pick up after their dogs.\n    *   **Dangerous dogs:** Special rules apply if a dog is declared dangerous (desexing, secure enclosures, muzzling in public, warning signs). Owners face heavy penalties if their dog attacks someone (up to 100 penalty units).\n    *   **Seizure:** Council officers can seize stray, unregistered, or dangerous dogs. Dogs may be impounded (held in a pound) or destroyed in certain circumstances.\n*   **Advertising:** Requires permits for posting handbills (flyers/posters) and establishes rules for outdoor advertising signs to keep the town tidy.\n*   **Enforcement:** Council officers can issue **infringement notices** (on-the-spot fines) for many offences. Serious matters go to court.\n\n**Why it matters:** These rules keep Jabiru safe, clean, and orderly. They balance community needs (like public safety and environmental protection) with individual activities (like running a market stall or owning a pet). The by-laws also formally acknowledge the Mirarr Traditional Owners, reflecting the town's location on Aboriginal land."}},"importantCases":[],"_links":{"self":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024","history":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024/history","analysis":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024/analysis","conflicts":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024/conflicts","importantCases":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024/important-cases","documents":"/api/acts/west-arnhem-regional-council-jabiru-town-by-laws-2024/documents"}}