NORTHERN TERRITORY OF AUSTRALIA
COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998
As in force at 30 September 2020
Table of provisions
Part 1 Preliminary
Division 1 General
1 Citation ............................................................................................ 1
2 Application of By-laws ..................................................................... 1
3 Crown to be bound .......................................................................... 1
4 Definitions ........................................................................................ 1
5 Requirement to carry out work......................................................... 2
6 Compliance with notice .................................................................... 3
7 Where notice not complied with ....................................................... 3
Division 2 Plan of numbering in council area
8 Plan of numbering ........................................................................... 3
Division 3 Regulatory
9 Obstruction of officers, &c................................................................ 4
10 General penalty ............................................................................... 4
11 Fixed penalties ................................................................................ 4
Part 2 Litter, &c.
Division 1 Litter, &c.
12 Deposit of litter on land .................................................................... 5
13 Land to be cleared ........................................................................... 5
14 Leaving glass, &c. ........................................................................... 5
Division 2 Offensive matter, &c.
15 Deposit of offensive matter, &c. ....................................................... 6
Division 3 Overhanging trees and shrubs
16 Overhanging trees and shrubs ........................................................ 6
Schedule
ENDNOTES
Coomalie Community Government By-laws 1998 ii
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 September 2020
COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998
By-laws under the Local Government Act 2008
Part 1 Preliminary
Division 1 General
1 Citation
These By-laws may be cited as the Coomalie Community
Government By-laws 1998.
2 Application of By-laws
These By-laws apply to and have effect within the whole of the
council area.
3 Crown to be bound
These By-laws bind the Crown in right of the Territory.
4 Definitions
In these By-laws, unless the contrary intention appears:
council means the Coomalie Community Government Council.
council area means the community government area constituted
by the Coomalie Community Government Scheme.
litter includes garbage, rubbish, refuse, waste matter and a dead
animal and vehicle bodies, machinery, implements and any other
things that have been discarded.
premises includes land (whether built on or not), a building and a
part of a building.
public place includes:
(a) every place to which free access is permitted to the public with
the express or tacit consent of the owner or occupier of the
place;
Section 1 - COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998 - COOMALIE COMMUNITY GOVERNMENT BY-LAWS 1998 | Zoe
Part 1 Preliminary
Division 1 General
Coomalie Community Government By-laws 1998 2
(b) every place to which the public are admitted on payment of
money, the test of the admittance being the payment of the
money only;
(c) every road, street, footway, court, alley, thoroughfare or
cul de-sac which the public are allowed to use,
notwithstanding that the road, street, footway, court, alley,
thoroughfare or cul-de-sac may be formed on private property;
and
(d) land reserved under a law of the Territory for the use of the
public or a member of the public.
5 Requirement to carry out work
(1) Where the council requires work to be carried out under these
By-laws by the owner or occupier of land, the council, whether by
an authorised person or an officer or employee of the council
authorised for that purpose, may, by written notice served on the
owner or occupier, require the owner or occupier at his or her own
expense to execute the work and to do anything incidental to the
work:
(a) in or of the materials;
(b) within the period;
(c) in the manner; or
(d) in the area,
specified in the notice.
(2) The council may require that work done in pursuance of a notice
served under clause (1) is executed by qualified or licensed
persons only.
(3) The council may, when serving a notice under clause (1), indicate
that the council will, if requested, carry out the work referred to in
the notice at the expense of the person on whom the notice is
served.
(4) Without limiting the powers conferred on the council or other person
under clause (1), the power to direct the manner of execution of
work includes the power to require the person carrying out the work
to pay to the council the amount the council thinks fit to provide
security against any costs it may incur as a result of the execution
of the work or to enter into a bond for payment to the council of that
amount.
Part 1 Preliminary
Division 2 Plan of numbering in council area
Coomalie Community Government By-laws 1998 3
6 Compliance with notice
A requirement of a notice served by the council under these
By-laws is to be complied with by the person on whom it is served.
7 Where notice not complied with
(1) The council may carry out work required by or under these By-laws
to be executed if the person required to execute the work fails to do
so.
(2) Where the council carries out work under clause (1), the cost to the
council of carrying out the work is a debt due and payable by the
person who was required to execute the work.
Division 2 Plan of numbering in council area
8 Plan of numbering
(1) The council may adopt a plan or system of numbering areas of land
adjacent to a road and may, in accordance with the plan or system:
(a) affix a number on a building or a front gate, post or fence on a
part of the land adjoining the road or mark the number on the
curb of the road bordering the land; or
(b) by notice in writing, require the owner or occupier of a part of
the land adjoining the road to affix, in accordance with the
notice, a number on a building or a front gate, post or fence on
the land.
(2) The council may, from time to time, alter the plan or system of
numbering referred to in clause (1) and may:
(a) replace the number affixed or marked under that clause with a
new number; or
(b) by notice in writing, require the owner or occupier of a part of
the land adjoining the road included in the plan or system as
amended to affix, in accordance with the notice, a new
number on a building or a front gate, post or fence on the land.
(3) A person who is required to affix or replace a number on a building,
front gate, post or fence on land under clause (1) or (2) may obtain
the number free of charge from the council.
(4) A number specified in a notice referred to in clause (1)(b) or (2)(b)
is to be affixed on a building, gate, post or fence in accordance with
the notice not later than 7 days after the date of the notice.
Part 1 Preliminary
Division 3 Regulatory
Coomalie Community Government By-laws 1998 4
(5) Where an owner or occupier of land does not affix a number as
required under clause (1)(b) or (2)(b), the council may enter the
land referred to in the notice and affix the number.
Division 3 Regulatory
9 Obstruction of officers, &c.
A person who obstructs or hinders an authorised person or officer
or employee of the council or a contractor or sub-contractor to the
council or an employee of the contractor or sub-contractor in the
proper execution of his or her work or duty under these By-laws
commits an offence.
10 General penalty
A person who commits an offence against these By-laws is, on
being found guilty, liable to a penalty not exceeding $3,000 and, in
addition, to a penalty not exceeding $100 for each day during which
the offence continues after the day on which the offence was first
committed.
11 Fixed penalties
(1) Notwithstanding by-law 10, a person who is alleged to have
committed an offence against these By-laws and on whom a notice
of infringement is served may pay to the council, as an alternative
to prosecution, the sum specified by this by-law instead of the
penalty that may otherwise be imposed under by-law 10.
(2) For the purposes of this by-law:
(a) a notice of infringement is to be in the form set out in the
Schedule;
(b) a notice of infringement may be issued by an authorised
person;
(c) the sum specified by this by-law is $50;
(d) the sum specified by this by-law may be paid to the clerk or to
the person performing or carrying out the duties of the cashier
of the council; and
(e) in order to avoid prosecution, the sum specified by this by-law
is to be paid not later than 14 days after the date of the service
of the notice of infringement on the person.
Part 2 Litter, &c.
Division 1 Litter, &c.
Coomalie Community Government By-laws 1998 5
Part 2 Litter, &c.
Division 1 Litter, &c.
12 Deposit of litter on land
(1) A person must not deposit litter on land or allow litter to remain on
land.
(2) The owner or occupier of land must not deposit, or keep or allow to
remain on the land, litter that is likely to attract vermin to the land or
to form a harbourage for vermin unless the material is kept in a
receptacle that is vermin proof.
(3) A person who contravenes or fails to comply with clause (1) or (2)
commits an offence.
13 Land to be cleared
Where, in the opinion of the council, there is on land:
(a) plants, grass or weeds:
(i) that are or are likely to become injurious, flammable or
noxious; or
(ii) that have become unkempt; or
(b) litter (including unsightly car bodies, machinery or other
chattels),
the council may serve a notice under by-law 5 on:
(d) the occupier of the land; or
(e) if the council is unable to ascertain the identity of the
occupier – the owner of the land,
requiring the land to be cleared or tidied, litter to be placed in a
vermin-proof receptacle of a specified kind or the taking of any
other action in relation to the clearance of the land.
14 Leaving glass, &c.
(1) A person who leaves or deposits any glass or other material likely
to cause injury on a public place used for recreational purposes
commits an offence.
(2) Clause (1) does not apply in relation to material left or deposited in
a litter bin on the public place.
Part 2 Litter, &c.
Division 3 Overhanging trees and shrubs
Coomalie Community Government By-laws 1998 6
(3) An offence against clause (1) is a regulatory offence.
Division 2 Offensive matter, &c.
15 Deposit of offensive matter, &c.
(1) A person must not place or caused to be placed household,
commercial or industrial waste, refuse or garbage in a litter bin
provided by the council on a public place.
(2) A person must not:
(a) deposit or permit the deposit of waste food, peelings, fruit or
other vegetable matter;
(b) throw, deposit or discharge an offensive or unwholesome
matter or fluid; or
(c) deposit or permit the deposit of garbage or other litter,
on a public place or other land under the control of the council
unless it is placed in a container provided for the deposit of the
waste matter or other litter.
(3) A person must not use, deposit or discharge or cause to be used,
deposited or discharged water or other matter, whether liquid or
solid, in a place where it is likely to flow or discharge or encroach
on or into a public place or other land controlled by the council.
(4) A person who contravenes or fails to comply with clause (1), (2)
or (3) commits an offence.
(5) An offence against clause (1), (2) or (3) is a regulatory offence.
Division 3 Overhanging trees and shrubs
16 Overhanging trees and shrubs
If the council considers that a tree, shrub or plant growing on land
is:
(a) causing inconvenience;
(b) an obstruction to persons using a public street or footpath; or
(c) causing or likely to cause damage to an adjacent public place,
the council may serve a notice under by-law 5 on the owner or
occupier of the land to trim or remove the tree, shrub or plant.
Schedule
Coomalie Community Government By-laws 1998 7
Schedule
by-law 11(2)(a)
Local Government Act 2008
Coomalie Community Government By-laws 1998
NOTICE OF INFRINGEMENT
COOMALIE COMMUNITY GOVERNMENT COUNCIL
To:
(name of alleged offender)
of:
(address of alleged offender)
It is alleged that at at am/pm on 19 ,
(place) (time) (date)
you committed an offence as indicated hereunder against the Coomalie
Community Government By-laws 1998:
By-law:
Offence:
Amount of penalty: $50
In pursuance of by-law 11 of the Coomalie Community Government
By-laws 1998 in order to avoid prosecution you may pay to the Coomalie
Community Government Council, instead of the penalty by which the offence
is otherwise punishable, the amount shown above to the person at the
address shown on the reverse of this notice not later than 14 days after the
date of service of this notice of infringement.
Dated 19 .
Authorised person
If you do not wish the offence alleged on the front of this notice of infringement
to be dealt with by the Local Court you should read and complete the
following:
I, of,
tender the amount shown on the front of this notice, being assured that on
payment of that amount no further action will be taken by the council for this
offence.
Signed: Date: 19 .
Schedule
Coomalie Community Government By-laws 1998 8
THIS NOTICE MUST ACCOMPANY PAYMENT
(Back of form)
Payment of the amount in full must be made not later than 14 days after the
date of service of this notice of infringement and must be accompanied by this
notice. Payment may be made between 8.00 am and 4.15 pm Monday to
Friday (except public holidays):
in person – To the Cashier
Coomalie Community Government Council
141 Cameron Road
BATCHELOR
by post – To the Clerk
Coomalie Community Government Council
PO Box 20
BATCHELOR NT 0845
On payment of the penalty you will not be liable for a further penalty or costs
in this matter.
If you do wish the offence alleged on the front of this notice of infringement to
be dealt with by the Local Court you need not take any further action in
respect of this notice and proceedings will issue against you in due course.
The common seal of the Coomalie Community Government Council was
affixed hereto pursuant to a resolution of the council passed on
1998 authorising the seal to be affixed.
President
Clerk
ENDNOTES
Coomalie Community Government By-laws 1998 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
Coomalie Community Government By-laws 1998 (SL No. 67, 1998)
Notified 16 December 1998
Commenced 16 December 1998
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
26 April 2016)
Coomalie Amenment By-laws 2020 (SL No. 30, 2020)
Notified 30 September 2020
Commenced 30 September 2020
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 17 and sch 1.
4 LIST OF AMENDMENTS
pt 3 hdg rep No. 30, 2020, bl 4
bl 17 rep No. 30, 2020, bl 4
sch amd Act No. 8, 2016, s 45