NORTHERN TERRITORY OF AUSTRALIA
ALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013
As in force at 28 May 2014
Table of provisions
1 Citation ............................................................................................ 1
2 Enactment and repeal ..................................................................... 1
3 Definitions ........................................................................................ 1
4 Application ....................................................................................... 2
5 Entry ................................................................................................ 2
6 Load inspections.............................................................................. 2
7 Proof of identity................................................................................ 2
8 Directions......................................................................................... 2
9 Signage ........................................................................................... 3
10 No scavenging ................................................................................. 3
11 No tampering ................................................................................... 3
12 No fire .............................................................................................. 4
13 No animals....................................................................................... 4
14 Abuse of employee .......................................................................... 4
15 Hindering or obstructing employee .................................................. 4
16 Regulatory offence .......................................................................... 4
17 Penalties .......................................................................................... 4
18 Infringement notices ........................................................................ 5
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 28 May 2014
ALICE SPRINGS (WASTE MANAGEMENT FACILITY) BY-LAWS 2013
By-laws under the Local Government Act 2019
1 Citation
These By-laws may be cited as the Alice Springs (Waste
Management Facility) By-laws 2013.
2 Enactment and repeal
(1) These by-laws were made by special resolution of the Alice Springs
Town Council on the 25th day of November 2013 pursuant to
Part 13.1 of the Local Government Act 2008.
(2) The Alice Springs (Garbage Dumps) By-laws 1984 (Subordinate
Legislation No. 31 of 1984) are repealed.
3 Definitions
In these By-laws:
Act means the Local Government Act 2008.
Council means the Alice Springs Town Council.
employee means a Facility employee irrespective of whether the
Facility is operated by Council or a contractor and includes the
manager.
Facility means the Alice Springs Waste Management Facility
situated within and upon Lot 7902 Commonage Road, Alice Springs
and such other public waste management facility landfill or garbage
dump however described which may be established by Council
from time to time.
manager means the manager of the Facility from time irrespective
of whether the manager is an employee of Council or of a
contractor engaged by Council to operate the Facility.
municipality means the municipality of Alice Springs; and
Alice Springs (Waste Management Facility) By-laws 2013 2
tip shop means the shop on or attached to the Facility where
goods are sold.
4 Application
These By-laws apply in and to the Facility.
5 Entry
(1) A person must not, without reasonable excuse, enter the Facility
other than:
(i) through the public entrance;
(ii) at the times that it is open to the public; and
(iii) on payment of any applicable fee.
(2) A person who contravenes clause (1) is guilty of an offence.
6 Load inspections
(1) A condition of entry into the Facility shall be that a person driving a
vehicle is deemed to have agreed to an employee inspecting any
load carried or towed by the vehicle on the Facility.
(2) A person must comply with a request from an employee to so
inspect a load.
(3) A person who does not comply with a request given under
clause (2) is guilty of an offence.
7 Proof of identity
(1) A further condition of entry into the Facility shall be that a person
when in the Facility is deemed to have agreed to state that person's
name, address and date of birth if requested to do so by an
employee.
(2) A person when in the Facility must state the information referred to
in clause (1) if requested to do so by an employee.
(3) A person who does not without reasonable excuse comply with a
request given under clause (2) is guilty of an offence.
8 Directions
(1) An employee may give to a person on the Facility a direction
necessary or convenient for the management of the Facility.
Alice Springs (Waste Management Facility) By-laws 2013 3
(2) The direction:
(a) must relate to the activity of the person when on the Facility
including, for example:
(i) the movement (including speed), parking or placing of a
vehicle or machinery on the Facility;
(ii) the location at which particular types of waste material
may be deposited on the Facility; or
(iii) the manner in which waste material may be deposited
on the Facility; or
(b) may require the person to leave the site.
(3) The person to whom the direction is given must not, without
reasonable excuse, fail to comply with the direction.
(4) A person who contravenes clause (3) is guilty of an offence.
9 Signage
(1) A person must comply will all signs, notices and printed directions
situated within and upon the Facility to the extent that that sign,
notice or printed direction requires the person to do, or refrain from
doing, any act or thing.
(2) A person who, without reasonable excuse, contravenes clause (1)
is guilty of an offence.
10 No scavenging
(1) A person must not, without a permit, remove waste material of any
kind from the Facility.
(2) Clause (1) does not apply to material acquired through the tip shop.
(3) A person who, without reasonable excuse, contravenes clause (1)
is guilty of an offence.
11 No tampering
(1) A person must not tamper with:
(a) a fence or gate to the Facility;
(b) plant, structure or a vehicle on the Facility; or
(c) waste material on the Facility;
Alice Springs (Waste Management Facility) By-laws 2013 4
without the permission of the manager.
(2) A person who, without reasonable excuse, contravenes clause (1)
is guilty of an offence.
12 No fire
(1) A person must not cause a fire on the Facility without the
permission of the manager.
(2) A person who contravenes clause (1) is guilty of an offence.
13 No animals
(1) A person must not bring any animal on to the Facility.
(2) Clause (1) applies irrespective of whether or not the animal is
contained in a vehicle.
(3) A person who, without reasonable excuse, contravenes clause (1)
is guilty of an offence.
14 Abuse of employee
(1) A person must not threaten, intimidate or use abusive language
against an employee carrying out duties in the course of
employment.
(2) A person who contravenes clause (1) is guilty of an offence.
15 Hindering or obstructing employee
(1) A person must not hinder or obstruct an employee carrying out
duties in the course of employment.
(2) A person who contravenes clause (1) is guilty of an offence.
16 Regulatory offence
Any offence against these By-laws is a regulatory offence.
17 Penalties
A person who is guilty of an offence against these By-laws is liable
to a penalty not exceeding 100 penalty units for an individual or
500 penalty units for a body corporate and, in addition, to a penalty
not exceeding 5 penalty units for an individual or 25 penalty units
for a body corporate for each day during which the offence
continues.
Alice Springs (Waste Management Facility) By-laws 2013 5
18 Infringement notices
(1) Despite by-law 17, as an alternative to prosecution, a person who is
alleged to have contravened or failed to comply with a by-law
specified in column 1 of the Schedule may be served with an
infringement notice under which the person may pay to the Council
a sum (in this By-law 18, a fixed penalty) in lieu of the penalty by
which the infringement of that By-law is otherwise punishable.
(2) For the purposes of this By-law 18:
(a) the sum specified in column 3 of the Schedule is the fixed
penalty payable under an infringement notice for an
infringement of the By-law specified opposite in column 1, and
generally described opposite in column 2, of the Schedule;
(b) an infringement notice is to be in a determined form and
include:
(i) the name of the alleged offender;
(ii) in general terms, the nature of the offence alleged to
have been committed;
(iii) the date, time and place of the alleged offence;
(iv) the amount of the fixed penalty; and
(c) the period within which, and the place where, the fixed penalty
may be paid.
(d) an infringement notice may be issued and served by an
authorised person; and
(e) the fixed penalty specified in an infringement notice is to be
paid to Council within 14 days of the date on which the
infringement notice is served on the alleged offender.
(3) An infringement notice is to also contain the statements to the
effect:
(a) that the alleged offender may expiate the offence and avoid
enforcement action under the Fines and Penalties (Recovery)
Act 2001) (in this By-law 18, the Act) if that person pays the
fixed penalty to Council within 14 days of service of the
infringement notice;
(b) that if the alleged offender pays the fixed penalty within the
period specified in the infringement notice, Council will take no
further action in relation to the offence;
Alice Springs (Waste Management Facility) By-laws 2013 6
(c) that the alleged offender may, if he or she so wishes, be dealt
with a court of competent jurisdiction by electing under
section 21 of the Act to have the matter dealt with by a court
instead of under that Act by completing a statement of election
and serving it on Council:
(i) at any time before a courtesy letter under the Act is
served on the alleged offender; or
(ii) if a courtesy letter is served on the alleged offender,
before the due date specified in that letter;
(d) that if the alleged offender does not pay the fixed penalty
within the period specified in the infringement notice and does
not within that period serve on Council a statement of election
under the Act:
(i) the Act will apply and the alleged offender may be
served with a courtesy letter in accordance with that Act
requiring payment of the fixed penalty together with the
costs in respect of the issue of that letter; and
(ii) if the alleged offender does not make the payment as
required by a courtesy letter, enforcement action may be
taken against him or her under the Act which, after due
process, may result in the suspension of the alleged
offender's licence to drive, the seizure of property, the
deduction of wages or salary, the registration of a
statutory charge on land, a community work order or
imprisonment if a community work order is breached;
(4) An infringement notice is to also contain a statement of election
under the Act that includes the information required by
regulation 7(1) of the Fines and Penalties (Recovery)
Regulations 2001.
(5) A fixed penalty may be expressed by way of penalty units including
fractions of a penalty unit.
Schedule
Alice Springs (Waste Management Facility) By-laws 2013 7
Schedule
By-law 18
FIXED PENALTIES
Column 1
By-law
Column 2
General Description of Offence
Column 3
Penalty
units
5(2) Entering Facility other than through public
entrance at times when open to public on payment
of applicable fee
10
6(3) Failing to comply with request to inspect load 3
7(3) Failing with request to state name, address and
date of birth
3
8(4) Failing to comply with direction 3
9(2) Failing to comply with sign 3
10(3) Removing waste material without permit 1
11(2) Tampering with equipment or waste material 10
12(2) Causing a fire 100
13(3) Bringing animal 1
14(2) Abusing employee 3
15(2) Hindering or obstructing staff 3
Schedule
Alice Springs (Waste Management Facility) By-laws 2013 8
These by-laws were made by special resolution of the Alice Springs
Town Council at its Ordinary meeting on the 25th day of
November 2013.
Rex Roger Mooney
CHIEF EXECUTIVE OFFICER
ENDNOTES
Alice Springs (Waste Management Facility) By-laws 2013 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Alice Springs (Waste Management Facility) By-laws 2013 (SL No. 49, 2013)
Notified 28 May 2014
Commenced 28 May 2014
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 3, 18, 59 and 82.
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