BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989
1BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989
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NORTHERN TERRITORY OF AUSTRALIA
BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND
REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989
As in force at 30 June 1989
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Application ....................................................................................... 1
3 Definitions ........................................................................................ 1
Part II Garbage
4 Provision of garbage service ........................................................... 2
5 Basic charge for garbage service .................................................... 2
6 Removal of garbage in bulk ............................................................. 2
7 Occupier to provide rubbish bins ..................................................... 2
8 Interference with rubbish bins .......................................................... 4
9 Rubbish bins to be returned............................................................. 4
Part III Removal and destruction of animals
10 Diseased and injured animals and animals at large ........................ 4
11 Dead animals in public places ......................................................... 4
12 Dead animals on private land .......................................................... 4
13 Council may remove or destroy animals without notice ................... 5
14 Council may dispose of an animal or carcass.................................. 5
15 Council may recover expense from owner....................................... 5
16 Occupier is deemed owner .............................................................. 5
Part IV Miscellaneous
17 Hindrance of authorized officer ........................................................ 5
18 Offences .......................................................................................... 5
19 Publication of By-laws ..................................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 June 1989
BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND
REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989
By-laws under the Local Government Act 2008
Part I Preliminary
1 Short title
These By-laws may be cited as the Borroloola Community
Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989.
2 Application
These By-laws apply within the Borroloola community government
area.
3 Definitions
In these By-laws, unless the contrary intention appears:
animal includes every species of quadruped and bird.
authorized officer means a person authorized by the council for
the purposes of these By-laws.
community government area means the area described in
clause 3 of the Borroloola Community Government Scheme.
council means the Borroloola Community Government Council.
garbage includes all kinds of litter, rubbish, refuse and discarded or
waste material or matter.
land includes premises.
public place means any place to which the public or a section of
the public have, or are permitted to have, access, whether on
payment or otherwise.
Part II Garbage
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 2
Part II Garbage
4 Provision of garbage service
The council shall provide a service for the collection and removal of
garbage (other than garbage in bulk) from land in the community
government area, and shall publish details of the service:
(a) on the council's notice board and such other notice boards in
the area as the council thinks fit; and
(b) from time to time, in a newspaper circulating generally in the
area.
5 Basic charge for garbage service
The council may determine by resolution a basic charge to be paid
by the occupier of land for the garbage service provided under
by-law 4, and that charge shall cover the collection and removal
from the land in respect of which it is payable of the contents of
2 receptacles twice in each week.
6 Removal of garbage in bulk
(1) The council may provide a service for the removal from land in the
community government area of garbage in bulk.
(2) An owner or occupier of land may apply to the clerk of the council
for the service provided under clause (1), and shall pay therefor
such charge as the council by resolution determines.
7 Occupier to provide rubbish bins
(1) An occupier of land shall:
(a) provide on the land one or more removable rubbish bins for
the purpose of holding all garbage produced on the land, each
of which shall:
(i) have a capacity of not more than 85 litres;
(ii) be moisture proof and vermin proof;
(iii) have a close fitting lid; and
(iv) be fitted with handles for convenience in moving and
emptying it;
(b) maintain each rubbish bin in good order and condition and not
cause or permit it to attract or harbour flying insects or vermin,
Part II Garbage
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 3
to become unsightly or cause an offensive odour, or other-
wise to become or cause a danger to public health or to
interfere with or affect the comfort of persons occupying, using
or passing through or along neighbouring land;
(c) ensure that the lid of each rubbish bin is at all times kept
closely fitted to the bin except where the lid is removed for the
purpose of placing garbage in the bin or removing garbage
from it;
(d) subject to clause (2), ensure that garbage produced on the
land is placed in a rubbish bin;
(e) cause all wet garbage to be effectively wrapped before it is
placed in a rubbish bin;
(f) where required by an authorized officer or an order of the
council, indelibly mark or paint on the lid and body of each
rubbish bin the number of the lot of land occupied by him, his
name and such other information as is required by the officer
or order;
(g) on the days and at the times notified by the council in
accordance with by-law 4:
(i) cause each rubbish bin to be placed (subject to
clause (3)) on the footpath outside the land in such a
position as to enable the garbage collector access to the
contents of it; and
(ii) replace each bin, or cause it to be replaced, on the land
after the contents have been removed; and
(h) cause each rubbish bin to be thoroughly cleansed with
antiseptic not less than once in each 4 week period.
(2) Clause (1)(d) does not prevent the lawful destruction by fire of litter
capable of being so destroyed.
(3) Clause (1)(g)(i) does not require the placing of a rubbish bin on the
footpath outside the land if it can instead be so placed immediately
inside the boundaries of the land as to be clearly visible and
conveniently reached from the road, and the clerk of the council
may, in the special circumstances of a particular case, approve the
placing of a bin in any other position.
Part III Removal and destruction of animals
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 4
8 Interference with rubbish bins
A person shall not touch, use, remove, mark, damage or otherwise
interfere with a rubbish bin provided pursuant to by-law 7 unless he
is:
(a) the occupier of the land for which the receptacle is provided or
his servant or agent;
(b) a servant or agent of the council acting within the scope of his
duties as such; or
(c) a contractor with the council, or his servant or agent, acting in
due performance of the contract.
9 Rubbish bins to be returned
A person engaged in the removal or collection of garbage on behalf
of the council shall, after emptying the contents of a rubbish bin,
replace the lid tightly on it and return it to its former location.
Part III Removal and destruction of animals
10 Diseased and injured animals and animals at large
(1) The council may by notice in writing require the owner of:
(a) a diseased or injured animal, whether it is upon private land or
in a public place; or
(b) an animal which is at large in a public place so that, if left at
large, it is likely to be a danger to the safety of members of the
public,
immediately to destroy, remove or otherwise dispose of the animal.
(2) A notice under this by-law shall not require unreasonably the
destruction of an animal.
11 Dead animals in public places
If an animal dies or is found dead in a public place, the council may
cause it to be removed or destroyed.
12 Dead animals on private land
(1) If an animal dies or is found dead on private land, the occupier of
the land shall, unless he himself disposes of the carcass, notify the
clerk of the council as soon as is practicable.
Part IV Miscellaneous
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 5
(2) Upon receipt of a notice under clause (1), the council may cause
the carcass of the animal to be removed or destroyed, and for this
purpose an authorized officer may enter on private land.
13 Council may remove or destroy animals without notice
Notwithstanding anything contained in this Part, the council may,
without notice to the owner of a dead, diseased or injured animal, or
of an animal which is at large in a public place so that it is likely to
be a danger to the safety of members of the public, cause the
carcass or animal to be removed or destroyed, and for this purpose
an authorized officer may enter on private land.
14 Council may dispose of an animal or carcass
Where, in pursuance of this Part, the council causes the removal or
destruction of an animal or a dead animal, it may dispose of the
animal or its carcass.
15 Council may recover expense from owner
Where, in pursuance of any of this Part, the council incurs any
expense in removing, destroying or disposing of an animal or its
carcass, the council may recover the expense from the owner of the
animal.
16 Occupier is deemed owner
For the purposes of this Part, and in the absence of any denial, the
occupier of land on which an animal or a dead animal is found shall
be deemed to be the owner thereof.
Part IV Miscellaneous
17 Hindrance of authorized officer
A person shall not obstruct, hinder or impede an authorized officer,
or a person acting in good faith assisting an authorized officer, in
the exercise of the powers or the performance of the functions
conferred or imposed under these By-laws on that authorized
officer.
18 Offences
A person who contravenes or fails to comply with these By-laws is
guilty of an offence.
Penalty: $200.
Part IV Miscellaneous
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 6
19 Publication of By-laws
(1) Section 57 of the Interpretation Act 1978 does not apply to these
By-laws.
(2) Copies of these By-laws shall be available for inspection by
members of the public during office hours at the office of the
council.
ENDNOTES
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws 1989 7
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
Borroloola Community Government Council (Garbage and Removal and Destruction of
Animals) By-laws
Notified 30 June 1989
Commenced 30 June 1989
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 and 19.
Section 1 - BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989 - BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (GARBAGE AND REMOVAL AND DESTRUCTION OF ANIMALS) BY-LAWS 1989 | Zoe