NORTHERN TERRITORY OF AUSTRALIA
COOMALIE (DOG MANAGEMENT) BY-LAWS 2002
As in force at 30 September 2020
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Application ....................................................................................... 1
3 Purpose ........................................................................................... 1
4 Crown to be bound .......................................................................... 1
5 Interpretation ................................................................................... 1
Part 2 Administration
6 Determinations of council ................................................................ 4
7 Registrar .......................................................................................... 5
8 Registers ......................................................................................... 5
9 Matters of evidence ......................................................................... 5
Part 3 Registration and licences
Division 1 Registration of dogs
10 Requirement for registration ............................................................ 6
11 Application for registration ............................................................... 6
12 Determination of application ............................................................ 7
13 Identification device ......................................................................... 9
14 Period of registration ....................................................................... 9
Division 2 Licensing of premises
15 Council may determine when licence is required............................. 9
16 Application for licence ...................................................................... 9
17 Determination of application .......................................................... 10
18 Period of licence ............................................................................ 11
Division 3 Cancellation, variation etc. of registration and
licences
19 Cancellation, variation etc. of registration or licence by request .... 11
20 Cancellation, variation etc. of registration or licence otherwise
than by request .............................................................................. 11
21 Operation of notice of cancellation etc. .......................................... 12
Coomalie (Dog Management) By-laws 2002 ii
Division 4 Regulatory
22 General penalty ............................................................................. 12
23 Fixed penalties .............................................................................. 13
Part 4 Dog management
Division 1 Offences
24 Exemptions .................................................................................... 13
25 Unregistered dogs ......................................................................... 13
26 Unlicensed premises ..................................................................... 14
27 Compliance with notice or conditions ............................................ 14
28 Offences in relation to identification device ................................... 15
29 Dogs at large ................................................................................. 15
30 Female dogs in oestrus ................................................................. 15
31 Enticement..................................................................................... 16
32 Dogs attacking or menacing persons or animals ........................... 16
33 Dogs chasing vehicles ................................................................... 16
34 Dogs causing nuisance ................................................................. 16
35 Abandoning dogs........................................................................... 17
36 Obstruction of pound supervisor etc. ............................................. 17
37 Obstruction of officers etc. ............................................................. 17
38 Making false statement .................................................................. 18
39 Offence in relation to sterilisation mark.......................................... 18
40 Selling or disposing of a dog to another person............................. 18
Division 2 Enforcement
41 Seizure etc. of dogs ....................................................................... 18
42 Dogs seized to be impounded ....................................................... 19
Division 3 Pounds and impounded dogs
43 Establishment etc. of pounds......................................................... 19
44 Notice of impounding ..................................................................... 19
45 Release of dogs from pounds ........................................................ 20
46 Diseased dogs ............................................................................... 20
47 Destruction or disposal of impounded dogs ................................... 21
48 Method of destruction of impounded dogs ..................................... 22
Part 5 Miscellaneous
49 Sterilisation .................................................................................... 22
50 Change of ownership of dog .......................................................... 22
51 Dog races etc. ............................................................................... 23
COOMALIE (DOG MANAGEMENT) BY-LAWS 2002
By-laws under the Local Government Act 2008
Part 1 Preliminary
1 Citation
These By-laws may be cited as the Coomalie (Dog Management)
By-laws 2002.
2 Application
Unless the contrary intention appears, these By-laws apply to all
areas within the council area.
3 Purpose
The purpose of these By-laws is to provide for the keeping of dogs
within the council area in a manner compatible with the enjoyment
by residents of a congenial living environment.
4 Crown to be bound
These By-laws bind the Crown in right of the Territory.
5 Interpretation
(1) In these By-laws, unless the contrary intention appears:
abandon includes deliberately leaving a dog at premises or failing
to obtain the release of the dog from a pound.
appropriate fee means the fee determined by the council to be the
fee for a licence, registration or other matter or for a class of
licence, registration or other matter.
approved means approved by the council by resolution.
Part 1 Preliminary
Coomalie (Dog Management) By-laws 2002 2
attack, in relation to the actions of a dog, means an action of a dog
that involves the dog rushing at, biting, chasing, menacing or
worrying a person or another animal and, in so doing, actually
touching the person or animal or the clothing or other property in
the immediate possession or under the immediate control of the
person, whether or not any injury or damage occurs to the person,
animal or property.
council means the Coomalie Community Government Council.
determined means determined by the council by resolution.
dog means an animal of the genus Canis.
dog-tag means a dog-tag issued under by-law 13.
guide dog means a dog trained by a guide dog training institution
approved by the council and used as a guide by a person who is
wholly or partially blind or deaf.
identification device means a device or mark used for identifying
a dog registered under these By-laws and includes a dog-tag, tattoo
or other approved device or mark.
licence means a licence granted or renewed under these By-laws.
menace, in relation to the actions of a dog, means an action that
creates a reasonable apprehension in a person that:
(a) the dog is likely to attack the person or an animal owned by
the person or in his or her control; or
(b) the dog is likely to attack another person or an animal owned
by that person or in his or her control,
and includes a reasonable apprehension that the dog may escape,
or be released from restraint, to attack a person or animal.
owner, in relation to a dog, means:
(a) the registered owner of the dog or the person for the time
being in control of the dog;
(b) the occupier of premises or a part of premises where the dog
is usually kept; or
Part 1 Preliminary
Coomalie (Dog Management) By-laws 2002 3
(c) if the owner has not attained the age of 17 years – a parent or
guardian of the owner,
but does not include a person controlling or keeping a dog that is
seized or impounded under Part 4, Division 2.
pound means:
(a) a pound established; or
(b) premises used as a pound,
in accordance with by-law 43.
pound supervisor means a pound supervisor appointed under
by-law 43(2).
premises includes a building and land (whether built on or not).
public place includes:
(a) a place to which free access is permitted to the public, with the
express or tacit consent of the owner or occupier of the place;
(b) a place to which the public are admitted on payment of
money, the test of the admittance being the payment of the
money only;
(c) a road, street, footway, court, alley, thoroughfare or cul-de-sac
that the public are allowed to use, despite that the road, street,
footway, court, alley or thoroughfare 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.
register means a register kept in pursuance of by-law 8.
registered owner, in relation to a dog:
(a) means the person specified in the appropriate register as the
owner of the dog; and
(b) if the registration is not current-includes the person last
specified in the register as the owner of the dog.
registrar means the registrar appointed under by-law 7.
veterinarian means a registered veterinarian within the meaning of
the Veterinarians Act 1994.
Part 2 Administration
Coomalie (Dog Management) By-laws 2002 4
(2) A reference in these By-laws to a dog at large means a dog (other
than a dog in the custody of an authorised person or in a pound) in
a place other than premises owned or occupied by the owner of the
dog.
(3) For the purposes of these By-laws, a dog is under effective control
if the dog is:
(a) restrained by a leash, cord, chain or similar device not longer
than 2.5 m and held by a person who is over the age of
12 years and competent to restrain the dog; or
(b) enclosed in a vehicle (including being in the back of a flat
topped, tray backed or well bodied vehicle) in such a manner
that no part of the dog is projecting from the vehicle.
Part 2 Administration
6 Determinations of council
(1) The council may make determinations in relation to a matter or
thing set out in Column 1 of Schedule 1 and, for that purpose, may
take into account a matter specified in Column 2 of that Schedule.
(2) The council may determine the charges, dues and fees in relation
to a dog, undertaking, service, matter or thing referred to in these
By-laws.
(3) If the council, in exercise of a power or function under these
By-laws, whether within or outside the council area:
(a) supplies a service, product or commodity;
(b) grants a licence;
(c) makes a registration;
(d) furnishes information;
(e) receives an application;
(f) permits inspection of a register;
(g) allows the use of real or personal property of or under its care;
or
Part 2 Administration
Coomalie (Dog Management) By-laws 2002 5
(h) takes any other action in relation to which a determination is
made,
it may demand and recover the relevant amount determined under
clause (2).
(4) If the council makes a determination under this by-law, it is to
publish a notice of its making in a newspaper circulating in the
council area as soon as practicable after the determination is made.
7 Registrar
The council may appoint a person to be the registrar for the
purposes of these By-laws.
8 Registers
(1) The registrar must keep a register or registers in the form
determined by the council containing details of:
(a) all dogs registered by the council;
(b) all licences granted or renewed by the council; and
(c) all offences against these By-laws:
(i) for which an owner of a dog has been found guilty; or
(ii) in relation to which an infringement notice has been
issued under these By-laws to the registered owner of a
dog or other person.
(2) The registrar may keep the register in any medium or combination
of mediums that the registrar thinks fit including but not limited to a
computer, microfilm or paper.
9 Matters of evidence
(1) An extract from or copy of an entry in a register purported to be
signed by the registrar is to be received in a court, a tribunal or by a
person acting judicially as evidence of the signature of the registrar
and of the particulars contained in the entry without requiring the
production of the register.
(2) A statement signed by the registrar concerning particulars of entries
in a register, including:
(a) whether the name of a person was entered in a register in
relation to a dog, matter or thing; or
Part 3 Registration and licences
Division 1 Registration of dogs
Coomalie (Dog Management) By-laws 2002 6
(b) whether a licence has been granted or renewed or registration
has been made or renewed,
is to be received in a court, a tribunal or by a person acting judicially
as evidence of the signature of the registrar and of those particulars
without requiring the production of the register.
(3) In relation to the making of a resolution by the council for the
purposes of these By-laws, the minutes of a meeting of the council
or a document purporting to be a true copy of, or an extract from,
the minutes of a meeting of the council signed by the clerk is to be
received in a court, a tribunal or by a person acting judicially as
evidence of the particulars contained in the minutes, or that extract
or copy, without further proof.
Part 3 Registration and licences
Division 1 Registration of dogs
10 Requirement for registration
(1) A dog that is usually kept within the council area must be registered
if the dog is over the age of 3 months.
(2) The burden of proof that a dog is below the age of 3 months lies on
the person charged with an offence under by-law 25.
(3) For the purposes of clause (1), a dog is taken to be usually kept
within the council area if it has been kept within the council area for
a period of 3 months or more, ignoring temporary absences.
11 Application for registration
(1) The owner of a dog may apply to the council for the registration or
renewal of registration of the dog.
(2) An application under clause (1) is to be in the approved form
accompanied by:
(a) the appropriate fee; and
(b) any other information, relevant to the determination of the
application, that the council requires the applicant to provide.
(3) A person who fails to renew the registration of a dog before the
registration expires may apply to register the dog under clause (1).
Part 3 Registration and licences
Division 1 Registration of dogs
Coomalie (Dog Management) By-laws 2002 7
12 Determination of application
(1) The council must, not later than 21 days after receiving an
application under by-law 11:
(a) register or renew the registration of the dog, either
conditionally or unconditionally; or
(b) refuse to register or renew the registration of the dog.
(2) If the council refuses to register or renew the registration of a dog,
the council must refund to the applicant the fee that accompanied
the application in relation to the dog.
(3) The council may refuse to register or renew the registration of a dog
if the owner of the dog commits more than 2 offences against these
By-laws during the period of 12 months before the date of the
application.
(4) For the purposes of subsection (3), the owner of a dog commits an
offence against these By-laws if:
(a) he or she has been found guilty by a court of an offence
against these By-laws;
(b) a penalty under an infringement notice has been paid in
expiation of an alleged offence against these By-laws by the
owner; or
(c) although the penalty under an infringement notice referred to
in paragraph (ii) has not been paid the due date for payment
has passed and the owner has not elected to have the matter
determined by a court.
(5) The council may refuse to register or renew the registration of a dog
if:
(a) within the period of 12 months before the date of the
application:
(i) the owner of the dog has been found guilty of an offence
against these By-laws;
(ii) a penalty under an infringement notice has been paid in
expiation of an alleged offence by the owner of the dog
against these By-laws; or
Part 3 Registration and licences
Division 1 Registration of dogs
Coomalie (Dog Management) By-laws 2002 8
(iii) although the penalty under an infringement notice
referred to in paragraph (ii) has not been paid, the due
date for payment has passed and the owner of the dog
has not elected to have the matter determined by a
court,
in relation to more than 2 offences or alleged offences in total;
(b) within the period of 12 months before the date of the
application, the dog has been impounded under these By-laws
on more than 2 occasions;
(c) the council is satisfied that the dog is destructive, dangerous,
vicious or consistently the cause of nuisance to members of
the public;
(d) the premises on which the dog is usually kept are not fenced
in accordance with a condition of registration of the dog
imposed by the council; or
(e) within the period of 12 months before the date of the
application, 2 or more complaints have been received relating
to:
(i) the state of (including odour emanating from) the
premises where the dog is usually kept, caused by or as
a result of, keeping the dog; or
(ii) the unauthorised presence of the dog on premises other
than the premises where the dog is usually kept.
(6) The council must refuse to register the dog or renew the registration
of a dog if, in keeping the dog on premises on which the dog is
usually kept, the applicant would be in breach of by-law 26.
(7) If the council refuses to register or renew the registration of a dog,
or imposes conditions on the registration or renewal of the
registration of a dog, the council must serve on the applicant a
statement in writing of the reasons for its decision.
(8) The registered owner of a dog must comply with any conditions
imposed on the registration or renewal of registration.
(9) Registration of a dog is not transferable to another dog.
Part 3 Registration and licences
Division 2 Licensing of premises
Coomalie (Dog Management) By-laws 2002 9
13 Identification device
If the council registers or renews the registration of a dog under
by-law 12, the council must issue to the registered owner a dog tag
that can be fitted to a collar and worn by the dog (unless the
registered owner is exempted by the registrar from the requirement
that the dog-tag be worn by the dog).
14 Period of registration
(1) Subject to clause (2), the registration of a dog expires on 30 June
each year.
(2) Despite clause (1), the council may determine that in all cases the
registration of a dog expires on the anniversary of the initial
registration or renewal of registration.
Division 2 Licensing of premises
15 Council may determine when licence is required
(1) The council may determine:
(a) the number of dogs; or
(b) the number of dogs of a class or classes of dogs,
that may be kept on premises without a licence.
(2) If the number of dogs, or dogs of a class or classes of dogs, that
are kept on premises exceeds the number determined under
clause (1), the premises are required to be licensed.
16 Application for licence
(1) The occupier of premises may apply to the council for the grant or
renewal of a licence to keep on the premises more than the number
of dogs determined by the council in accordance with by-law 15.
(2) An application under clause (1) is to be in the approved form
accompanied by:
(a) the appropriate fee; and
(b) any other information, relevant to the determination of the
application, that the council requires the applicant to provide.
(3) A person who fails to renew a licence in respect of premises before
the licence expires may apply under clause (1) for a licence in
respect of the premises.
Part 3 Registration and licences
Division 2 Licensing of premises
Coomalie (Dog Management) By-laws 2002 10
17 Determination of application
(1) The council must, not later than 21 days after receiving an
application under by-law 16:
(a) grant a licence or renew the licence in respect of the
premises, either conditionally or unconditionally; or
(b) refuse to grant a licence or renew the licence in respect of the
premises.
(2) If the council refuses to grant or renew a licence in respect of
premises, the council must refund to the applicant the fee that
accompanied the application in relation to the premises.
(3) In considering an application under by-law 16, the council may take
into account any matter that is in its opinion relevant, including:
(a) the facilities for controlling dogs at the premises specified in
the application;
(b) the number of dogs kept or to be kept at the premises; and
(c) the likely impact on residents in the locality where the
premises are situated if the licence is granted or renewed.
(4) If the council has determined the manner in which premises are to
be fenced, the council must not grant or renew a licence in respect
of premises that are not fenced in accordance with the
determination.
(5) If an application is for the renewal of a licence and to the council's
knowledge:
(a) no matters have arisen that, if taken into account at the time
the licence was granted, would have caused the council to
refuse to grant the licence or to grant the licence subject to
conditions other than those specified in the licence; or
(b) the council has not, since the grant of the licence, made a
determination under by-law 15 that affects the premises,
the council may renew the licence without considering the
application in the manner specified in clauses (3) and (4).
(6) If the council refuses to grant or renew a licence or grants a licence
subject to conditions or renews a licence subject to conditions not
imposed on the original licence, the council must serve on the
applicant a statement in writing of the reasons for its decision.
Part 3 Registration and licences
Division 3 Cancellation, variation etc. of registration and licences
Coomalie (Dog Management) By-laws 2002 11
(7) A licence in respect of premises is not transferable to other
premises.
18 Period of licence
Subject to these By-laws, a licence remains in force for the period,
not exceeding 12 months, specified in the licence.
Division 3 Cancellation, variation etc. of registration and
licences
19 Cancellation, variation etc. of registration or licence by request
(1) The council may, on the written application of the registered owner
of a dog, by notice in writing served on the registered owner:
(a) cancel the registration of the dog; or
(b) vary the conditions to which the registration of the dog is
subject,
as requested in the application.
(2) The council may, on the written application of the holder of a
licence, by notice in writing served on the holder:
(a) cancel the licence;
(b) vary the conditions to which the licence is subject; or
(c) suspend the licence for the period,
as requested in the application.
20 Cancellation, variation etc. of registration or licence otherwise
than by request
(1) The council may, by notice served on the registered owner of a
dog, require the registered owner to show cause why the council
should not:
(a) cancel the registration of the dog; or
(b) vary, in the manner specified in the notice, the conditions to
which the registration of the dog is subject.
Part 3 Registration and licences
Division 4 Regulatory
Coomalie (Dog Management) By-laws 2002 12
(2) The council may, not less than 7 days after serving a notice under
clause (1), by another notice in writing served on the registered
owner on whom the notice was served under clause (1):
(a) cancel the registration of the dog; or
(b) vary, in the manner specified in the notice, the conditions to
which the registration of the dog is subject.
(3) The council may, by notice served on the holder of a licence,
require the holder to show cause why the council should not:
(a) cancel the licence;
(b) vary, in the manner specified in the notice, the conditions to
which the licence is subject; or
(c) suspend the licence for the period specified in the notice.
(4) The council may, not less than 7 days after serving a notice under
clause (1), by another notice in writing served on the holder of the
licence on whom the notice was served under clause (1):
(a) cancel the licence;
(b) vary, in the manner specified in the notice, the conditions to
which the licence is subject; or
(c) suspend the licence for the period specified in the notice,
being a period not longer than the period specified in the
notice served under clause (3).
21 Operation of notice of cancellation etc.
A notice served by the council under by-law 19 or 20(2) or (4) takes
effect at the expiration of 7 days after the service of the notice.
Division 4 Regulatory
22 General penalty
A person who contravenes or fails to comply with these By-laws is
liable on a finding of guilt 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 first day on which the offence was
committed.
Part 4 Dog management
Division 1 Offences
Coomalie (Dog Management) By-laws 2002 13
23 Fixed penalties
(1) Despite by-law 22, a person who is alleged to have contravened or
failed to comply with 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 these By-laws.
(2) For the purposes of this by-law:
(a) a notice of infringement is to be in the form set out in
Schedule 2;
(b) a notice of infringement may be issued by an authorised
person;
(c) the sum specified by this by-law is $50 or, for a by-law
specified in Column 1 of Schedule 3, the sum specified
opposite in Column 2 of that Schedule;
(d) the sum specified by this by-law may be paid to the clerk or to
the person from time to time 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 service of
the notice of infringement on the person.
Part 4 Dog management
Division 1 Offences
24 Exemptions
By-laws 25, 26 and 27 do not apply to or in relation to:
(a) a guide dog; or
(b) any other dog determined by the council to be exempt from
those by-laws.
25 Unregistered dogs
(1) A person commits an offence if:
(a) the person keeps within the council area a dog that is required
under by-law 10 to be registered; and
(b) the dog is not registered.
Part 4 Dog management
Division 1 Offences
Coomalie (Dog Management) By-laws 2002 14
(2) The occupier of premises within the council area commits an
offence if:
(a) a dog that is required under by-law 10 to be registered is kept
on the premises; and
(b) the dog is not registered.
(3) An offence under clause (1) or (2) is a regulatory offence.
(4) Clause (1) or (2) does not apply to:
(a) a pound supervisor keeping a dog in a pound;
(b) an approved incorporated body, formed and carried on for
purposes that include the provision of services relating to
animal welfare, keeping a dog in a refuge maintained by it; or
(c) a veterinarian keeping a dog for the purposes of treatment.
26 Unlicensed premises
(1) The occupier of premises commits an offence if:
(a) the number of dogs (or dogs of a class or classes of dogs)
kept on the premises exceeds the number of dogs determined
by the council under by-law 15(1); and
(b) the premises are not licensed.
(2) Despite subsection (1), the occupier of the premises does not
commit an offence if the number of dogs kept on the premises
exceeds the permitted number of dogs only because of the
presence of dogs that:
(a) are under the age of 3 months; or
(b) are not usually kept on the premises.
27 Compliance with notice or conditions
(1) A person on whom a notice is served under these By-laws must
comply with a requirement of the notice.
(2) The holder of a licence granted or renewed under these By-laws
must comply with a condition of the licence.
(3) A registered owner of a dog must comply with a condition of
registration of the dog.
Part 4 Dog management
Division 1 Offences
Coomalie (Dog Management) By-laws 2002 15
28 Offences in relation to identification device
(1) If a person (who is not the owner of the dog) without reasonable
cause removes an identification device from a registered dog, he or
she commits an offence.
(2) If a registered dog is at large without an identification device, the
owner of the dog commits an offence.
(3) It is a defence to a prosecution for an offence against clause (2) if
the owner of the dog proves that the identification device was
removed:
(a) without the owner's permission and the owner had not had
sufficient opportunity to replace the identification device; or
(b) for a reasonable cause and the cause was still existent at the
date of the alleged offence.
(4) If a person fits an identification device to a dog that is not the dog
for which the identification device was issued, he or she commits an
offence.
29 Dogs at large
(1) If a dog is at large and not under effective control, the owner of the
dog commits an offence.
(2) An offence under clause (1) is a regulatory offence.
30 Female dogs in oestrus
(1) Subject to clause (2), the owner of a dog commits an offence if the
dog is a female in oestrus and is in a public place.
(2) This by-law does not apply in relation to a female dog that is under
effective control and is being taken to:
(a) a veterinarian for treatment;
(b) a kennel for boarding;
(c) a stud dog for breeding purposes;
(d) a conformation show; or
(e) another event or place approved by the registrar.
Part 4 Dog management
Division 1 Offences
Coomalie (Dog Management) By-laws 2002 16
31 Enticement
If a person entices or induces a dog to act in a manner that would
render the owner of the dog liable to prosecution for an offence
under or against these By-laws, the person commits an offence.
32 Dogs attacking or menacing persons or animals
(1) If, within the council area, a dog:
(a) menaces a person or an animal; or
(b) attacks a person or an animal,
the owner of the dog commits an offence.
(2) It is a defence to a prosecution for an offence under clause (1) if the
owner of the dog proves that:
(a) a person had, without the owner's permission, enticed the dog
to menace or attack the person or animal;
(b) the animal menaced or attacked was menaced or attacked on
premises owned or occupied by the owner; or
(c) the person menaced or attacked was menaced or attacked on
premises owned or occupied by the owner and the person:
(i) was on the premises for an illegal purpose; or
(ii) was menaced or attacked other than when proceeding
by the shortest practical route from a normal access
point on a boundary of the premises to the door of the
premises closest to that access point or from the door to
the access point.
33 Dogs chasing vehicles
(1) If, within the council area, a dog chases a vehicle (including a
bicycle), the owner of the dog commits an offence.
(2) An offence under clause (1) is a regulatory offence.
34 Dogs causing nuisance
(1) If, within the council area, a dog (by itself or together with other
dogs) is a nuisance, the owner of the dog commits an offence.
Part 4 Dog management
Division 1 Offences
Coomalie (Dog Management) By-laws 2002 17
(2) For the purposes of this by-law, a dog is a nuisance if it is injurious
or dangerous to the health of the community or an individual, or
behaves repeatedly in a manner contrary to the general interest of
the community or an individual.
(3) Without limiting clause (2), a dog is a nuisance if it:
(a) creates a noise, by barking or otherwise, which persistently
occurs or continues to a degree or extent that has a disturbing
effect on the state of reasonable mental, physical or social
well-being of a person;
(b) repeatedly barks or otherwise repeatedly creates a noise
when people or vehicles use a public place in the vicinity of
the premises where the dog is kept; or
(c) repeatedly defecates in a place or places causing annoyance
to a particular person.
(4) For the purposes of clause (3)(c), the dog is taken not to be a
nuisance if the owner of the dog promptly removes the faeces and
disposes of them in a public garbage receptacle or on his or her
own property.
35 Abandoning dogs
A person who abandons a dog in the council area commits an
offence.
36 Obstruction of pound supervisor etc.
(1) A person who obstructs or hinders a pound supervisor in the
execution of his or her duties commits an offence.
(2) A person commits an offence if he or she:
(a) removes or attempts to remove a dog from the custody of an
authorised person; or
(b) except as provided for in these By-laws – removes or attempts
to remove a dog from a pound.
37 Obstruction of officers etc.
A person who obstructs or hinders an authorised person or officer
or employee of the council, a contractor or sub-contractor to the
council or 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.
Part 4 Dog management
Division 2 Enforcement
Coomalie (Dog Management) By-laws 2002 18
38 Making false statement
A person who, in making a statement required or permitted to be
made in a document under these By-laws, knowingly makes a false
statement commits an offence.
39 Offence in relation to sterilisation mark
If the council has approved a mark under by-law 49, a person who
marks, with the approved mark, a dog that has not been sterilised
commits an offence.
40 Selling or disposing of a dog to another person
(1) If a person is selling or disposing of a dog to another person, the
person selling or disposing of the dog:
(a) must not falsely hold out the dog to be sterilised; and
(b) if the dog is held out to be sterilised-must provide proof of the
sterilisation if requested.
(2) A person who contravenes or fails to comply with clause (1)
commits an offence.
Division 2 Enforcement
41 Seizure etc. of dogs
(1) An authorised person may seize:
(a) an apparently dangerous, diseased, injured, savage,
destructive, stray or unregistered dog; or
(b) a dog that is at large and not under effective control.
(2) If in the opinion of an authorised person it is necessary to do so, he
or she may:
(a) destroy a dangerous, diseased, injured, savage, destructive,
unclaimed, unregistered or unwanted dog; or
(b) apply to the Local Court for an order relating to the destruction
of the dog.
(3) For the purposes of this by-law, an authorised person may set cage
traps to trap a dog.
Part 4 Dog management
Division 3 Pounds and impounded dogs
Coomalie (Dog Management) By-laws 2002 19
(4) An authorised person must ensure that any animal trapped in a
cage trap referred to in clause (3) is removed from the trap as soon
as practicable in order to minimise distress to the animal.
42 Dogs seized to be impounded
(1) An authorised person who seizes a dog under these By-laws must,
as soon as practicable:
(a) deliver the dog to a pound; or
(b) return the dog to its owner.
(2) If a dog is returned to its owner in accordance with clause (1)(b),
the authorised person must issue a notice of infringement to the
owner, unless by-law 31 applies in the circumstances.
Division 3 Pounds and impounded dogs
43 Establishment etc. of pounds
(1) The council may:
(a) establish a pound; or
(b) make any arrangements that it thinks fit for the use of
premises for impounding dogs under these By-laws.
(2) The council may appoint persons that it thinks fit to be pound
supervisors of a pound.
44 Notice of impounding
(1) If a registered dog with an identification device is delivered to a
pound, a pound supervisor must notify the registrar who must serve
on the registered owner a notice, in the approved form, of the
impounding of the dog.
(2) If a dog with a collar on which the address of its owner is displayed
is delivered to a pound, a pound supervisor must notify the registrar
who may serve at that address a notice, in the approved form, of
the impounding of the dog.
(3) Except in accordance with clause (1) or (2), the registrar is not
obliged to notify the owner of a dog of the impounding of the dog.
Part 4 Dog management
Division 3 Pounds and impounded dogs
Coomalie (Dog Management) By-laws 2002 20
45 Release of dogs from pounds
(1) Subject to by-law 47, an impounded dog must not be released from
the pound:
(a) unless it is registered;
(b) other than to the owner of the dog or to a person authorised to
act as the owner's agent; and
(c) unless the appropriate maintenance and release fees are paid
to the council.
(2) Clause (1)(a) does not apply to a dog that is not required under
by-law 10 to be registered.
(3) For the purposes of this by-law:
(a) the burden of satisfying a pound supervisor that a person is
the owner of the dog (or is authorised to act as the owner's
agent) lies on the person; and
(b) the burden of proof as to whether a dog is under the age of
3 months lies on the person averring the age of the dog.
46 Diseased dogs
(1) If a pound supervisor who takes custody of a dog that has been
seized under these By-laws:
(a) notices or suspects that the dog is diseased; or
(b) receives advice from a veterinarian that the dog is, or is
suspected of being, diseased,
the pound supervisor must:
(c) isolate the dog from other dogs in the pound; and
(d) notify the council of the dog's condition.
(2) The council must serve on the owner, if known, of a dog isolated
under clause (1) written notice that the dog is or is suspected of
being diseased and that the council:
(a) requires the dog to be destroyed; or
(b) requires the dog to undergo a course of treatment specified in
the notice.
Part 4 Dog management
Division 3 Pounds and impounded dogs
Coomalie (Dog Management) By-laws 2002 21
(3) In a notice served under clause (2), the council may require the
owner of the dog to produce to the council (within the time specified
in the notice) a report prepared by a veterinarian or a person
specified in the notice relating to:
(a) if the dog is not required to be destroyed-the diseased dog; or
(b) all other dogs usually kept at the premises at which the
diseased dog is or was kept.
(4) A dog the subject of a notice under this by-law may be released
from the pound in accordance with by-law 45 subject to any
conditions that the council thinks fit.
(5) The cost of treatment reasonably provided by a pound supervisor to
a diseased dog, and to any other dog in the pound that was
infected or was at risk of being infected by the diseased dog before
the pound supervisor could reasonably isolate it, is a debt due and
payable by the owner of the diseased dog to the council.
(6) The owner of a dog who contravenes or fails to comply with a
requirement of a notice served on him or her under clause (2), or a
condition imposed in accordance with clause (4), commits an
offence.
47 Destruction or disposal of impounded dogs
(1) A pound supervisor may arrange for the destruction of an
impounded dog if the dog is so diseased or injured that it is humane
to destroy it.
(2) A pound supervisor may arrange for the destruction of an
impounded dog at the expiration of the number of days or hours
determined by the council.
(3) A pound supervisor may, instead of causing a dog to be destroyed
under clause (2):
(a) sell the dog-providing all appropriate maintenance costs
incurred for the keeping of that dog are recovered in the sale;
or
(b) pass the property in the dog to an approved incorporated body
that is formed and carried on for purposes that include the
provision of services relating to animal welfare and sell or
dispose of the dog as agent for that body.
Part 5 Miscellaneous
Coomalie (Dog Management) By-laws 2002 22
48 Method of destruction of impounded dogs
A dog in a pound must not be destroyed other than:
(a) by a veterinarian or a person who is, in the opinion of a pound
supervisor, qualified to destroy the dog; and
(b) in a humane manner that causes the dog to die quickly and
without unnecessary suffering.
Part 5 Miscellaneous
49 Sterilisation
(1) The council may approve a mark to be used to identify a dog that
has been sterilised.
(2) The council may approve a certificate of sterilisation to be issued to
the owner of a dog that has been sterilised.
(3) If the council has approved a form of certificate of sterilisation under
clause (2), a veterinarian who sterilises a dog must give a certificate
in the approved form to the owner of the dog.
50 Change of ownership of dog
(1) A person who acquires ownership of a registered dog must, not
later than 14 days after acquiring ownership, notify the registrar of:
(a) the person's name and address;
(b) the name of the person who was registered as the owner of
the dog; and
(c) the registration number of the dog.
(2) The registered owner of a dog who changes his or her address
must, not later than 14 days after the change, notify the registrar of
the new address.
(3) The registrar, on being notified of a change of ownership under
clause (1) or of an address under clause (2), must amend the
register accordingly.
(4) A person who fails to comply with clause (1) or (2) commits an
offence.
Part 5 Miscellaneous
Coomalie (Dog Management) By-laws 2002 23
51 Dog races etc.
(1) The council may, by notice in writing, exempt a person or body from
the operations of by-law 28 or 29 (or both) for the purposes of a dog
race, dog trial, dog show or while taking part in the activities of a
dog obedience club or while using a dog to drive cattle or stock on
a road or for any other purpose or event that the council
determines.
(2) An exemption under clause (1) may relate to a particular event or to
a class of events and is subject to the conditions, if any, that the
council thinks fit.
Schedule 1
Coomalie (Dog Management) By-laws 2002 24
Schedule 1
by-law 6
DETERMINATIONS
Column 1 Column 2
Determinations Matters to be taken into account
Registration
(1) By-law 11(2)
Application fee for registration or
renewal of registration
Fee may vary in respect of matters
including the following:
(a) the date of the application;
(b) whether the owner presents (or
presented at the time of initial
registration or a subsequent
renewal) a certificate of
sterilisation in relation to the
dog;
(c) whether or not the applicant is
a pensioner.
(2) By-law 12(3)(d)
Manner in which premises on which
the dog is usually kept are to be
fenced
Manner may vary by reference to the
size or breed or both the size and
breed of the dog to be registered.
Licences
(1) By-law 16
Application fee for a licence or a
renewal of a licence
Fee may vary in respect of matters
including the following:
(a) the date of the application; or
(b) whether or not the applicant is
a pensioner.
Schedule 1
Coomalie (Dog Management) By-laws 2002 25
(2) By-law 17(4)
Manner in which premises are to
fenced
Manner may vary by reference to the
size or breed or both the size and
breed of the dogs to be kept on the
premises.
(3) By-law 15
Number of:
(a) dogs; or
(b) dogs of a class of dogs
that may be kept on premises without
the licensing of the premises
Determinations may be made under
both paragraphs (a) and (b) and
different determinations may be made
in respect of different areas within the
council area
Maintenance and Release Fees
By-law 45(1)(c)
Daily fee to be paid in relation to the
maintenance of a dog in a pound
Fee to be paid on the release of a
dog from a pound
Destruction of Impounded Dogs
By-law 47(2)
Number of days or hours on the
expiry of which the pound supervisor
may arrange for the destruction of a
dog
Other Determinations
The conditions not otherwise
specifically dealt with in these
By-laws on which the council will
grant licences or registrations.
Schedule 2
Coomalie (Dog Management) By-laws 2002 26
Schedule 2
by-law 23
Local Government Act 2008
Coomalie (Dog Management) By-laws 2002
NOTICE OF INFRINGEMENT
COOMALIE COMMUNITY GOVERNMENT COUNCIL
To: D.O.B.:
(name of alleged offender)
of:
(address of alleged offender)
It is alleged that at at am/pm on 20
(place) (time) (date)
you committed an offence as indicated below against the Coomalie (Dog
Management) By-laws 2002:
By-law:
Offence:
(nature of offence)
Amount: $
In pursuance of by-law 23 of the Coomalie (Dog Management) By-laws 2002
you may pay to the 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, in order to avoid prosecution.
Dated 20 .
Authorised person
THIS NOTICE MUST ACCOMPANY PAYMENT
PLEASE SEE REVERSE FOR IMPORTANT INFORMATION ABOUT THIS
NOTICE
Schedule 2
Coomalie (Dog Management) By-laws 2002 27
(Reverse side of form)
If you wish to pay the amount shown on the front of this notice,
complete the following and return it and the amount in person or by post
to the clerk or cashier (see addresses and payment options below). On
payment, you will not be liable for a penalty or costs for this offence.
Payment in full must be made within 14 days after this notice is served
on you and must be accompanied by this notice.
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 Coomalie
Community Government Council for this offence.
Signed: Date: 20 .
If you wish to be dealt with by a court in relation to this offence, do not
pay the amount shown on the front of this notice but complete the
following and return it in person to the Clerk or by post to the Clerk (see
addresses below). A summons may then be issued requiring you to
appear before the Local Court to be dealt with in relation to this offence.
I, of
wish to be dealt with by a court in relation to this offence and, for that reason,
have not paid the amount shown on the front of this notice.
Signed: Date: 20 .
Addresses:
in person – To the Cashier
Coomalie Community Government Council
141 Cameron Road
BATCHELOR NT 0845
by post – To the Clerk
Coomalie Community Government Council
PO Box 20
BATCHELOR NT 0845
If you do nothing in response to this notice, one of the following may
happen.
Schedule 2
Coomalie (Dog Management) By-laws 2002 28
EITHER
A courtesy letter may be sent to you giving you a further 28 days from
the date of the letter in which to pay the amount shown on the front of
this notice. If you do not respond to the courtesy letter, a summons may
be issued requiring you to appear before the Local Court to be dealt with
in relation to this offence.
OR
You may not be given further time for payment. Instead, a summons may
be issued requiring you to appear before the Local Court to be dealt with
in relation to this offence.
ENDNOTES
Coomalie (Dog Management) By-laws 2002 30
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 (Dog Management) By-laws 2002 (SL No. 66, 2002)
Notified 11 September 2002
Commenced 11 September 2002
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,
29 April 2016)
Coomalie Amendment 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, 5 and 52 and sch 2.
4 LIST OF AMENDMENTS
bl 52 rep No. 30, 2020, bl 6
sch 2 amd Act No. 8, 2016, s 45