Section 1 - BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993 - BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993 | Zoe
BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993
1BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993
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NORTHERN TERRITORY OF AUSTRALIA
BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND
FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993
As in force at 13 January 1993
Table of provisions
1 Citation ............................................................................................ 1
2 Application ....................................................................................... 1
3 Definitions ........................................................................................ 1
4 Littering public place ........................................................................ 2
5 Leaving rubbish bin in public place .................................................. 2
6 Causing &c, spread of litter.............................................................. 2
7 Littering from vehicles ...................................................................... 2
8 Land to be clean and free from litter ................................................ 2
9 Occupier to provide rubbish bin ....................................................... 3
10 Interference with rubbish bins .......................................................... 4
11 Rubbish bins to be returned after collection of litter ......................... 4
12 Council garbage dumps ................................................................... 4
13 Offences at dumps .......................................................................... 5
14 Material likely to attract or harbour vermin ....................................... 5
15 Flammable and noxious weeds, &c ................................................. 6
16 Hindrance of authorized officer ........................................................ 7
17 Offences .......................................................................................... 7
18 Election to pay fixed penalty ............................................................ 7
19 Publication of By-laws ..................................................................... 8
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 13 January 1993
BORROLOOLA COMMUNITY GOVERNMENT COUNCIL (LITTER AND
FLAMMABLE AND NOXIOUS WEEDS &C) BY-LAWS 1993
By-laws under the Local Government Act 2008
1 Citation
These By-laws may be cited as the Borroloola Community
Government Council (Litter and Flammable and Noxious Weeds
&c) By-laws 1993.
2 Application
These By-laws apply within the community government area.
3 Definitions
In these By-laws, unless the contrary intention appears:
authorized officer means an officer 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.
land includes buildings or temporary structures other than a
building or structure used exclusively as a private dwelling.
litter means litter, garbage, rubbish, drink cans, refuse or waste
matter, and includes a dead animal and, in by-laws 4 and 8,
discarded vehicle bodies, machinery, implements and the like.
owner, in relation to unoccupied land, means the person
immediately entitled to possession of the land.
public place means a place open to, or used by, the public.
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
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4 Littering public place
(1) Subject to clause (2), a person shall not sweep, throw, spill, drop or
otherwise place litter in or on a public place.
(2) Clause (1) does not prevent the lawful placing of litter in or on:
(a) a rubbish bin provided by the council for that purpose;
(b) a rubbish bin, box or other container for household litter; or
(c) a garbage dump owned, operated or controlled by the council.
5 Leaving rubbish bin in public place
A person shall not place or allow to be placed a rubbish bin, box or
other container for household litter in or on a public place otherwise
than in accordance with by-law 9(1)(g).
6 Causing &c, spread of litter
An occupier or, where there is no occupier, the owner of land shall
not cause or allow litter to spread from the land onto a public place
or adjoining land.
7 Littering from vehicles
A person driving a vehicle on a road shall not permit or allow litter to
fall or otherwise be dropped from the vehicle onto the road or land
adjoining the road.
8 Land to be clean and free from litter
(1) The occupier or, where there is no occupier, the owner of land shall
keep that land clean and free from litter.
(2) An authorized officer, who believes on reasonable grounds that
land is not clean and free from litter, may, at all reasonable hours
between sunrise and sunset, enter the land for the purpose of
making an inspection to decide whether the land is clean and free
from litter.
(3) Where an authorized officer has made an inspection referred to in
clause (2) of the land and is, after the inspection, of the opinion that
the land is not clean and free from litter, he or she may serve on the
occupier or, where there is no occupier, the owner of the land, a
notice in a form approved by the council directing the person on
whom the notice is served, within the period specified in that notice,
to cause the land to be clean and free from litter.
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By-laws 1993 3
(4) Where the person on whom a notice has been served under
clause (3) has not complied with the notice within the period
specified in the notice, an authorized officer may, with such agents
or workmen as he or she thinks fit for the purpose, enter the land to
which that notice relates, and carry out, or cause to be carried out,
the work necessary to render the land clean and free from litter.
(5) The costs and expenses reasonably incurred by the council in
carrying out, or causing to be carried out, any work under clause (4)
shall be a debt due and payable to the council by the occupier or
the owner, as the case may be, of the land.
9 Occupier to provide rubbish bin
(1) An occupier of land shall:
(a) provide on the land one or more removable rubbish bins for
the purpose of holding all household litter produced on the
land, each of which shall:
(i) have a capacity of not more than .05 m³;
(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,
to become unsightly or cause an offensive odour or otherwise
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 litter in it or removing litter from it;
(d) subject to clause (2), ensure that litter produced on the land is
placed in a rubbish bin;
(e) cause all wet litter 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 the
occupier, his or her name and such other information as is
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 4
required by the officer or order;
(g) on the day or days and at the time notified by the council
cause each rubbish bin to be placed on the footpath outside
the land in such a position as to enable the garbage collector
access to the contents of it, and replace, 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.
10 Interference with rubbish bins
A person shall not touch, use, remove, mark, damage or otherwise
interfere with a rubbish bin provided for land or in a public place
unless he or she is:
(a) the occupier of the land or, as the case may be, the person or
body by whom the bin was provided;
(b) a person acting with the express or implied consent of the
occupier, person or body referred to in paragraph (a);
(c) an agent or servant of the council acting within the scope of
his or her duties; or
(d) a contractor or agent or servant of a contractor of the council
acting in the due performance of the contract.
11 Rubbish bins to be returned after collection of litter
A person engaged in the removal or collection of litter 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.
12 Council garbage dumps
Where the council establishes a garbage dump, it shall cause a
notice to be circulated in the community government area, which
shall specify:
(a) that the dump has been established;
(b) the location of the dump;
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
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(c) the hours during which and the days on which the dump shall
be open for the dumping of litter;
(d) the class or classes of litter which may be placed on the
dump; and
(e) such further or other conditions with respect to the dumping of
litter as the council thinks fit.
13 Offences at dumps
A person shall not, in respect of a dump referred to in by-law 12:
(a) place litter on the dump except during the hours and on the
days specified in the notice under that by-law relating to that
dump;
(b) place litter on the dump unless the litter is of the class or
classes specified in that notice;
(c) enter or remain on the dump except for the purpose of placing
litter on it, unless the person is a servant or agent of the
council acting within the scope of his or her duties, or a
contractor or servant or agent of a contractor of the council
acting in the due performance of a contract;
(d) remove litter from the dump without the approval of the council
in writing; or
(e) fail to comply with a direction of an authorized officer with
respect to the place or manner in which the person is to place
litter on the dump.
14 Material likely to attract or harbour vermin
(1) An owner or occupier of land or premises of any description shall
not keep or allow to remain on the land or premises, otherwise than
in a vermin-proof receptacle, any material which is likely to attract
vermin or to form a harbourage for vermin.
(2) Subject to clause (4), an authorized officer may at all reasonable
hours between sunrise and sunset enter and inspect any land or
premises in respect of which he or she has reasonable grounds for
believing that clause (1) is being contravened.
(3) Where after an inspection under clause (2) an authorized officer is
of the opinion that clause (1) is being contravened in respect of the
land or premises in question, he or she may serve on the owner of
the land or premises or their occupier as appropriate a notice in a
form approved by the council:
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 6
(a) specifying the material in question; and
(b) requiring the person on whom the notice is served, within a
period specified in the notice:
(i) to place the material in a vermin-proof receptacle or
receptacles of a kind described in the notice; or
(ii) to remove the material from the land or premises, or
destroy it, or deal with it in such other manner as is
specified in the notice.
(4) In the case of premises which are occupied as a dwelling, the
power of entry conferred on an authorized officer by clause (2) is
not, without the consent of the occupier, exercisable unless the
officer has given the occupier at least 24 hours notice in writing.
15 Flammable and noxious weeds, &c
(1) An authorized officer who has reasonable grounds for believing with
respect to any land that plants, weeds, grass or other forms of
vegetation on the land:
(a) are flammable, or may become flammable in normal seasonal
conditions; or
(b) are or may become offensive, or a nuisance, by reason of
their injurious, harmful or unwholesome nature,
may enter on and inspect the land at all reasonable hours between
sunrise and sunset.
(2) Where after an inspection under clause (1) an authorized officer is
of the opinion that there are on the land in question plants, weeds,
grass or other forms of vegetation of a nature described in
paragraph (a) or (b) of that clause, the officer may serve on the
occupier of the land (or, if there is no occupier, on its owner) a
notice in a form approved by the council requiring the person on
whom the notice is served to carry out, within a period specified in
the notice, such work so specified as the officer considers
appropriate in the circumstances of the case.
(3) Where the person on whom a notice has been served under
clause (2) has not complied with the notice within the period
specified in the notice, an authorized officer may, with such agents
or workmen as the officer thinks fit, enter the land to which the
notice relates and carry out, or cause to be carried out, the work
required to be done.
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
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(4) The costs and expenses reasonably incurred by the council in
carrying out, or causing to be carried out, any work under clause (3)
shall be a debt due and payable to the council by the occupier or
the owner, as the case may be, of the land.
16 Hindrance of authorized officer
A person shall not obstruct, hinder or impede an authorized officer,
or a person acting in good faith assisting the 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.
17 Offences
A person who contravenes or fails to comply with any of these
By-laws or any notice duly given under them is guilty of an offence.
Penalty: $2,000.
18 Election to pay fixed penalty
(1) Where it appears to an authorized officer that a person has
contravened or failed to comply with any of these By-laws, or any
notice duly given under them, the officer may serve on that person
a notice of infringement in accordance with the form in the
Schedule.
(2) A person on whom a notice of infringement is served may, within a
period of 14 days beginning with the date on which it is served, pay
to the clerk of the council in respect of the offence alleged in the
notice the penalty specified in the notice in accordance with
clause (3).
(3) The penalty to be specified in a notice of infringement pursuant to
clause (2) is:
(a) for contravening by-law 16 – $100;
(b) for contravening or failing to comply with by-law 6, 7, 8, 13 or
14, or a notice under by-law 8, 14 or 15 – $50; and
(c) for contravening or failing to comply with by-law 4, 5, 9, 10
or 11 – $20.
(4) A prosecution shall not be brought against a person for an offence
against these By-laws in respect of which the person has paid a
penalty in accordance with clause (2).
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 8
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.
Schedule
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 9
Schedule
NORTHERN TERRITORY OF AUSTRALIA
Borroloola Community Government Council (Litter and Flammable and Noxious
Weeds &c) By-laws 1993
by-law 18(1)
NOTICE OF INFRINGEMENT
To .....................................................………………………………………………
(name)
of .....................................................………………………………………………..
(address, if known)
You are alleged to have committed an offence against the above By-laws by
contravening or failing to comply with:
[ ] by-law 4 (littering a public place);
[ ] by-law 5 (placing a rubbish bin in a public place or allowing it to be
so placed);
[ ] by-law 6 (causing or allowing litter to spread from land);
[ ] by-law 7 (littering from a vehicle);
[ ] by-law 8 (failing to keep land free from litter);
[ ] paragraph .... of by-law 9(1) (provision of rubbish bins);
[ ] by-law 10 (interfering with a rubbish bin);
[ ] by-law 11 (failing to return a rubbish bin);
[ ] paragraph .... of by-law 13 (offences at dumps);
[ ] by-law 14(1) (material likely to attract or harbour vermin);
[ ] by-law 16 (hindering an authorized officer);
[ ] a notice under by-law ...., a copy of which is attached to this
notice.
(tick box as appropriate, and insert paragraph or by-law reference where
necessary)
Schedule
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 10
(The following details of offence to be completed except where the offence is of
failing to comply with a notice)
The offence is alleged to have taken place at .......................................................
(place)
on .....…………………………………………................... at .....……...................
(date) (time)
(Insert in paragraph (b) below the fixed penalty payable under by-law 18(3))
You may choose to have the alleged offence:
(a) prosecuted in a court of competent jurisdiction; or
(b) disposed of without prosecution by paying $....., being the fixed
penalty prescribed for this offence by by-law 18(3).
If you choose option (b), you must pay the penalty there specified to the clerk of
the Borroloola Community Government Council, at the council office and within
14 days beginning with the date of service of this notice.
Dated ...../...../19....
Council Officer
ENDNOTES
Borroloola Community Government Council (Litter and Flammable and Noxious Weeds &c)
By-laws 1993 11
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 (Litter and Flammable and Noxious Weeds
&c) By-laws
Notified 13 January 1993
Commenced 13 January 1993
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 and sch.