NORTHERN TERRITORY OF AUSTRALIA
MATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER)
BY-LAWS 1987
As in force at 7 October 1987
Table of provisions
1 Short title ......................................................................................... 1
2 Application ....................................................................................... 1
3 Definitions ........................................................................................ 1
4 Littering public place ........................................................................ 1
5 Fouling public place ......................................................................... 2
6 Leaving rubbish bin in public place .................................................. 2
7 Causing &c., spread of litter............................................................. 2
8 Littering from vehicles ...................................................................... 2
9 Land to be clean and free from litter ................................................ 2
10 Occupier to provide rubbish bin ....................................................... 3
11 Interference with rubbish bins .......................................................... 4
12 Rubbish bins to be returned............................................................. 4
13 Council dumps ................................................................................. 4
14 Offences at dumps .......................................................................... 5
15 Hindrance of authorized officer ........................................................ 5
16 Offences .......................................................................................... 5
17 Election to pay fixed penalty ............................................................ 5
18 Publication of By-laws ..................................................................... 6
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 7 October 1987
MATARANKA COMMUNITY GOVERNMENT COUNCIL (LITTER)
BY-LAWS 1987
By-laws under the Local Government Act 2008
1 Short title
These By-laws may be cited as the Mataranka Community
Government Council (Litter) By-laws 1987.
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 Mataranka Community Government Scheme.
council means the Mataranka 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.
public place means a place open to, or used by, the public.
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:
(a) a rubbish bin provided by the council for that purpose;
Mataranka Community Government Council (Litter) By-laws 1987 2
(b) a rubbish bin, box or other container for household litter; or
(c) a garbage dump owned, operated or controlled by the council.
5 Fouling public place
A person shall not foul a public place:
(a) by spitting, urinating or defecating in or onto it; or
(b) in any other manner.
6 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 other than
in accordance with by-law 10(1)(g).
7 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.
8 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.
9 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 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 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 him, within the
period specified in that notice, to cause the land to be clean and
free from litter.
(4) The person upon whom the notice referred to in clause (3) is served
shall comply with the notice within the period specified in the notice.
Mataranka Community Government Council (Litter) By-laws 1987 3
(5) Where the person on whom a notice under clause (3) has been
served has not complied with the notice within the period specified
in the notice, an authorized officer may, with such agents or
workmen as he 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.
10 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 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 the 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 the 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 the 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 the
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 day or days and at the time notified by the council
cause the rubbish bin to be placed on the footpath outside the
land in such a position as to enable the garbage collector
Mataranka Community Government Council (Litter) By-laws 1987 4
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 the 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.
11 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 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 duties; or
(d) a contractor or agent or servant of a contractor of the council
acting in the due performance of the contract.
12 Rubbish bins to be returned
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.
13 Council 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;
(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 as the council thinks fit.
Mataranka Community Government Council (Litter) By-laws 1987 5
14 Offences at dumps
A person shall not, in respect of a dump referred to in by-law 13:
(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 he is a servant or agent of the council acting
within the scope of his 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 he is to place litter on
the dump.
15 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.
16 Offences
A person who contravenes or fails to comply with these By-laws is
guilty of an offence.
Penalty: $200.
17 Election to pay fixed penalty
(1) Where it appears to an authorized officer that a person has
infringed these By-laws 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 a penalty of $20 in respect of the
infringement alleged.
Mataranka Community Government Council (Litter) By-laws 1987 6
(3) A prosecution shall not be brought against a person for an
infringement of these By-laws in respect of which he has paid a
penalty in accordance with clause (2).
18 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
Mataranka Community Government Council (Litter) By-laws 1987 7
Schedule
NORTHERN TERRITORY OF AUSTRALIA
Mataranka Community Government Council (Litter) By-laws 1987
By-law 17(1)
NOTICE OF INFRINGEMENT
To ...................................................……………………………………………….
(name)
of ...................................................………………………………………………...
(address, if known)
You are alleged to have committed an offence against the above By-law by –
[ ] littering a public place;
[ ] fouling a public place;
[ ] placing a rubbish bin in a public place or allowing it to be so
placed;
[ ] causing or allowing litter to spread from land;
[ ] littering from a vehicle;
[ ] failing to keep land free from litter;
[ ] failing to comply with paragraph .... of by-law 10(1);
[ ] interfering with a rubbish bin;
[ ] failing to return a rubbish bin in accordance with by-law 12;
[ ] contravening paragraph .... of by-law 14;
[ ] hindering an authorized officer.
(tick box as appropriate, and insert paragraph reference where
necessary)
The offence is alleged to have taken place at
.............................................................................................................................
(place)
on .........………………………………................ at .……………........................
(date) (time)
You may choose to have the alleged offence:
Schedule
Mataranka Community Government Council (Litter) By-laws 1987 8
(a) prosecuted in a court of competent jurisdiction; or
(b) disposed of without prosecution by paying a fixed penalty of
$20.
If you choose option (b), you must pay the $20 to the clerk of the Mataranka
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
Mataranka Community Government Council (Litter) By-laws 1987 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
Mataranka Community Government Council (Litter) By-laws
Notified 7 October 1987
Commenced 7 October 1987
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 18 and sch.