NORTHERN TERRITORY OF AUSTRALIA
NHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998
As in force at 2 February 2023
Table of provisions
Part 1 Preliminary matters
Division 1 General matters
1 Citation ............................................................................................ 1
2 Application and purpose .................................................................. 1
3 Crown to be bound .......................................................................... 1
4 Interpretation ................................................................................... 2
4AA Meaning of owner ............................................................................ 5
4A Application of Criminal Code ........................................................... 6
5 Determinations, including determinations of charges ...................... 6
6 Registrar .......................................................................................... 7
7 Registers ......................................................................................... 7
8 Matters of evidence ......................................................................... 7
Division 2 Livestock
9 Livestock.......................................................................................... 8
10 Cancellation or variation of permit by request.................................. 9
11 Cancellation or variation of permit other than by request ................ 9
12 Offence related to livestock ........................................................... 10
Division 3 Regulatory matters
13 Compliance with notices ................................................................ 10
14 Obstruction of officers .................................................................... 10
15 Misleading information ................................................................... 11
Part 1A Infringement notice offences
16 Infringement notice offence and prescribed amount payable ........ 12
17 When infringement notice may be given ........................................ 12
17A Contents of infringement notice ..................................................... 12
17B Payment by cheque ....................................................................... 13
17C Withdrawal of infringement notice.................................................. 13
17D Application of Part ......................................................................... 13
Part 2 Animals generally
18 Diseased and injured animals and animals at large ...................... 14
19 Removal, destruction or disposal of animal ................................... 14
Nhulunbuy (Animal Control) By-laws 1998 ii
19A Animal causing nuisance ............................................................... 14
19B Seizure and impounding ................................................................ 15
19C Destruction of seized animal.......................................................... 15
19D Release of animals from pounds ................................................... 16
19E Notice of impounding registered dogs ........................................... 16
19F Diseased dogs that have been impounded ................................... 16
19G Destruction or disposal of unclaimed impounded animal ............... 18
19H Pounds .......................................................................................... 18
19J Humane destruction of animals ..................................................... 18
19K Emergency destruction of animal .................................................. 19
20 Occupier is taken to be owner ....................................................... 19
Part 3 Control of dogs
Division 1 Preliminary matters
22 Exemptions .................................................................................... 19
Division 2 Registration of dogs
22A Application for registration ............................................................. 19
22B Grant of registration ....................................................................... 20
23 Conditions of registration ............................................................... 21
23A Registration of certain dog breeds ................................................. 22
24 Identification device ....................................................................... 22
Division 4 Cancellation or variation of registration
26 Cancellation or variation of registration by request ........................ 22
27 Cancellation or variation of registration otherwise than by
request .......................................................................................... 23
Division 4A Dangerous dogs
28A Dangerous dog .............................................................................. 24
28B Revocation of declaration .............................................................. 24
28C Registration of dangerous dog....................................................... 24
Division 5 Dog exercise areas and dog restriction areas
29 Dog exercise areas and dog restriction areas ............................... 26
Division 6 Offences
30 Unregistered dogs ......................................................................... 27
30A Failure to comply with a condition of registration ........................... 27
32 Keeping dogs in dog restriction area ............................................. 28
33 Removal of identification device .................................................... 28
33A Dog at large without identification device ...................................... 29
Nhulunbuy (Animal Control) By-laws 1998 iii
33B Identification device fitted to incorrect dog ..................................... 29
34 Dogs at large ................................................................................. 29
35 Female dog in oestrus ................................................................... 30
36 Enticement..................................................................................... 30
37 Dogs attacking or menacing persons or animals ........................... 31
38 Dog chasing vehicle ...................................................................... 31
39 Dogs causing nuisance ................................................................. 32
40 Abandoning dog ............................................................................ 32
41 Removal of dog from custody ........................................................ 32
42 Sterilisation marks and certificates ................................................ 33
Division 9 Miscellaneous matters
49 Change of details........................................................................... 34
50 Exemptions .................................................................................... 34
Part 3A Review of decisions
50A Reviewable decisions .................................................................... 35
Part 4 Transitional matters for Nhulunbuy
(Animal Control) Amendment By-laws 2015
51 Definition........................................................................................ 35
52 CEO of Corporation ....................................................................... 35
Schedule 1
Schedule 2 Determinations
Schedule 3 Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 2 February 2023
NHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998
By-laws under the Local Government Act 2019
Part 1 Preliminary matters
Division 1 General matters
1 Citation
These By-laws may be cited as the Nhulunbuy (Animal Control)
By-laws 1998.
2 Application and purpose
(1) These By-laws apply to and are in force within the whole of the area
described in the Schedule to the instrument made under
section 128(1) of the Act (for the purpose of extending to the
Corporation the functions, by-law making powers and enforcement
powers of a municipal council in relation to Animal Control and
Animal Impounding) and published in Gazette No. G50 dated
17 December 1997, a copy of which is set out in Schedule 1.
Note for clause (1)
These By-laws were made under the Local Government Act 1993 (Act No. 83
of 1993) and continued in force by:
(a) section 270(1)(b) of the Local Government Act 2008 (Act No. 12 of 2008);
and
(b) section 355(1)(b) of the Local Government Act 2019.
(2) The purpose of these By-laws is to provide for the keeping of
animals within the corporation area in a manner compatible with the
enjoyment by residents of a congenial living environment.
3 Crown to be bound
These By-laws bind the Crown in right of the Territory.
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 2
4 Interpretation
(1) In these By-laws:
animal means an animal that is kept on private premises in the
corporation area, and includes dogs, cats, birds and reptiles.
appropriate fee means the fee determined by the Corporation to
be the fee for a registration or other matter or for a class of
registration or other matter.
approved means approved by the Corporation by resolution.
assistance dog means a dog:
(a) trained and assessed by a training institution recognised by
the Corporation; and
(b) used by a person to alleviate the effects of a diagnosed
disability, whether physical, sensory or psychological.
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, the dog
actually touches 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.
authorised person means an authorised person as defined in
section 7 of the Local Government Act 2019.
CEO means the person who is responsible for exercising the
powers and performing the functions under and in relation to these
By-laws that, if the Corporation was a shire council and the
corporation area was a local government area, the CEO of the shire
council would be exercising or performing.
Corporation means the Nhulunbuy Corporation Limited
ACN 009 596 598.
corporation area means the areas described in the Schedule to
the instrument referred to in by-law 2(1), a copy of which is set out
in Schedule 1.
dangerous dog means a dog declared to be dangerous under
by-law 28A.
determined means determined by the Corporation by resolution.
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 3
dog means an animal of the genus Canis.
dog exercise area means a dog exercise area declared under
by-law 29.
dog restriction area means a dog restriction area declared under
by-law 29.
dog-tag means a dog-tag issued under by-law 24.
identification device means a device or mark used for identifying
an animal registered under these By-laws and includes a dog-tag,
permanent electronic subcutaneous implant, tattoo or other
approved device or mark.
infringement notice, see by-law 16.
infringement notice offence, see by-law 16(1).
livestock includes crocodiles, cattle, buffalo, horses, camels,
sheep, goats, pigs (including wild pigs), deer, alpacas, poultry
llamas and honey bees.
menace, in relation to the actions of a dog, means an action that
creates a reasonable apprehension in a person that the dog is likely
to attack the person, another person or an animal owned or in the
control of the first-mentioned person, and includes a reasonable
apprehension that the dog may escape or be released from
restraint to attack a person or the animal.
nuisance, see by-law 19A(2).
officer means the following:
(a) an authorised person;
(b) an officer or employee of the Corporation.
owner, see by-law 4AA.
permanent electronic subcutaneous implant means an
electronic device that can be implanted into the tissue of a dog for
the purpose of identifying the dog.
pound means a pound established or maintained under
by-law 19H.
pound supervisor means a person appointed to be a supervisor of
a pound under by-law 19H(2).
premises includes a building and land (whether built on or not).
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 4
prescribed amount, see by-law 16(2).
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;
(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.
register means a register established in pursuance of by-law 7.
registered, in relation to a dog, means registered under these
By-laws.
registrar means the person appointed under by-law 6 to be the
registrar.
registered owner, in relation to a dog, means the person specified
in the appropriate register as the owner of the dog.
vehicle means a conveyance or other device designed to be
propelled or drawn by any means and includes a bicycle, tricycle,
motor vehicle, wheelchair and an animal being driven or ridden.
veterinarian means a registered veterinarian within the meaning of
the Veterinarians Act 1994.
(2) A reference in these By-laws to a dog at large is a reference to 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.
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 5
(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 that is not
longer than 3 metres and that is held by a person who has
attained the age of 12 years and is competent to restrain the
dog;
(b) enclosed in a vehicle (which includes being in or on 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;
or
(c) in a dog exercise area in accordance with the conditions, if
any, to which use of the area is subject and the dog is not a
female dog in oestrus.
4AA Meaning of owner
(1) In relation to a dog, owner means any of the following:
(a) the person who is registered as the owner of the dog;
(b) the person for the time being in control or possession of the
dog;
(c) the occupier of premises or a part of premises where the dog
is usually kept or kept for the time being.
(2) In relation to any other animal, owner means any of the following:
(a) the person for the time being in control or possession of the
animal;
(b) the occupier of premises or a part of premises where the
animal is usually kept or kept for the time being.
(3) If an owner under clause (1) or (2) is under the age of 18 years, any
parent or guardian of the owner is taken to be the owner of the dog
or other animal.
(4) Despite clause (1)(b) and (c), owner does not include a person
controlling or keeping a dog under by-law 19B, 19F, 19G or 19H.
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 6
4A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against these
By-laws.
Note for by-law 4A
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
5 Determinations, including determinations of charges
(1) Where the Corporation makes a determination under this By-law, it
is to publish a notice of its making in a newspaper circulating in the
corporation area as soon as reasonably possible after the
determination is made.
(2) The Corporation may determine the charges, dues and fees in
relation to an animal, undertaking, service, matter or thing referred
to in these By-laws.
(3) Where the Corporation, in the exercise of a power or the
performance of a function under these By-laws:
(a) supplies a service, product or commodity;
(c) makes a registration;
(d) furnishes information;
(f) receives an application;
(g) permits inspection of a register;
(h) allows the use of real or personal property of or under its care;
or
(j) 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) The Corporation may make determinations in relation to a matter or
thing set out in Column 1 of Schedule 2 and, for that purpose, may
take into account a matter specified in Column 2 of that Schedule.
Part 1 Preliminary matters
Division 1 General matters
Nhulunbuy (Animal Control) By-laws 1998 7
6 Registrar
The Corporation may appoint a person to be the registrar for the
purposes of these By-laws.
7 Registers
(1) The registrar is to keep the number of registers as the Corporation
determines.
(2) The registrar may keep a register in the medium or combination of
media as the registrar thinks fit, including a computer, microfilm or
paper.
(3) The information recorded in the register or registers kept under
these By-laws is to include the particulars of:
(a) all dogs registered by the Corporation; and
(b) all licences granted by the Corporation under these By-laws
before the day the Nhulunbuy (Animal Control) Amendment
By-laws 2022 commenced; and
(c) all offences against these By-laws:
(i) for which a registered owner of a dog has been
convicted; or
(ii) in respect of which a registered owner of a dog has paid
a sum specified by these By-laws in pursuance of a
notice of infringement issued under these By-laws.
8 Matters of evidence
(1) An extract from or copy of an entry in a register purported to be
signed by the registrar is, in all courts and on all occasions,
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 an animal, matter or thing; or
(b) whether a registration had been issued,
Part 1 Preliminary matters
Division 2 Livestock
Nhulunbuy (Animal Control) By-laws 1998 8
is to be received in a court, the 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 Corporation for the
purposes of these By-laws, the minutes of a meeting of the
Corporation or a document purporting to be a true copy of, or an
extract from, the minutes of a meeting of the Corporation signed by
the CEO is to be received in a court, the Tribunal or by a person
acting judicially as evidence of the particulars contained in the
minutes, or that extract or copy, without further proof.
Division 2 Livestock
9 Livestock
(1) All livestock is prohibited from being kept in the Corporation area,
unless allowed under this by-law.
(2) Chickens (other than roosters) may be kept if:
(a) they are properly contained on premises; and
(b) no more than 5 chickens are kept on the same premises; and
(c) the owner holds a permit to keep chickens on the premises.
(3) A person may apply to the Corporation for a permit to keep
chickens on premises.
(4) An application under clause (3) must be:
(a) in the approved form; and
(b) accompanied by the appropriate fee; and
(c) accompanied by any other documents, specifications or
particulars that the Corporation may require.
(5) On application under clause (3), the Corporation may grant or
renew, or refuse to grant or renew, a permit to keep chickens on
premises.
(6) The permit remains in force for the period specified in the permit by
the Corporation.
(7) The permit may be subject to the conditions the Corporation thinks
fit and specifies in the permit including conditions that may lead to
immediate revocation of the permit if they are not complied with.
Part 1 Preliminary matters
Division 2 Livestock
Nhulunbuy (Animal Control) By-laws 1998 9
10 Cancellation or variation of permit by request
(1) The holder of a permit to keep chickens on premises may apply in
writing to the Corporation for:
(a) the cancellation of the permit; or
(b) a variation to the conditions the permit is subject to.
(2) On an application under clause (1), the Corporation may, by written
notice served on the applicant, cancel or vary the permit in the
manner requested in the application.
(3) A notice served by the Corporation under clause (2) takes effect on
the day 14 days after the service of the notice.
11 Cancellation or variation of permit other than by request
(1) The Corporation may, in accordance with this by-law, cancel a
permit to keep chickens on premises or vary the permit (including
any conditions of the permit) if the holder of the permit:
(a) obtained the permit improperly; or
(b) failed to comply with these By-laws or a condition of the
permit.
(2) Before making a decision to cancel or vary the permit, the
Corporation must give the holder a written notice:
(a) stating that the Corporation proposes to cancel or vary the
permit; and
(b) stating the grounds for the intended cancellation or
variation; and
(c) inviting the holder to show cause why the Corporation should
not cancel the permit or vary the permit.
(3) The Corporation may, not less than 14 days after the date of the
notice under clause (2), cancel the permit or vary the permit
(including any conditions of the permit).
(4) In making a decision to cancel or vary a permit under clause (3),
the Corporation must consider any response provided by the holder
within the period of 14 days after the date of the notice under
clause (2).
(5) The Corporation must give written notice to the holder of the permit
of the decision under clause (3).
Part 1 Preliminary matters
Division 3 Regulatory matters
Nhulunbuy (Animal Control) By-laws 1998 10
12 Offence related to livestock
(1) A person commits an offence if the person keeps livestock contrary
to by-law 9.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
Note for clause (3)
The defendant has an evidential burden in relation to the matters in clause (3)
(see section 43BU of the Criminal Code).
Division 3 Regulatory matters
13 Compliance with notices
A requirement of a notice served by the Corporation under these
By-laws is to be complied with by the person on whom it is served.
14 Obstruction of officers
(1) A person commits an offence if:
(a) the person obstructs another person; and
(b) the other person is one of the following:
(i) an officer;
(ii) an employee of a contractor or subcontractor of the
Corporation; and
(c) the other person is acting in an official capacity.
Maximum penalty: 20 penalty units
(2) An offence against clause (1) is an offence of strict liability.
(3) In this by-law:
acting in an official capacity, in relation to a person mentioned in
clause (1)(b), means the person is exercising powers or performing
functions under, or otherwise related to the administration of, these
By-laws.
obstruct includes hinder and resist.
Part 1 Preliminary matters
Division 3 Regulatory matters
Nhulunbuy (Animal Control) By-laws 1998 11
15 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is an officer; and
(c) the person knows the information is misleading; and
(d) the person knows the officer is acting in an official capacity.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is an officer; and
(c) the person knows the document contains misleading
information; and
(d) the person knows the officer is acting in an official capacity.
Maximum penalty: 20 penalty units.
(3) Strict liability applies to clauses (1)(b) and (2)(b).
(4) Clause (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the officer's
attention; and
(b) to the extent to which the person can reasonably do so – gives
the officer the information necessary to remedy the misleading
aspect of the document.
(5) In this by-law:
acting in an official capacity, in relation to an officer, means the
officer is exercising powers or performing functions under, or
otherwise related to the administration of, these By-laws.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
Part 1A Infringement notice offences
Nhulunbuy (Animal Control) By-laws 1998 12
Part 1A Infringement notice offences
16 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 3.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in Schedule 3.
17 When infringement notice may be given
If an authorised person reasonably believes a person has
committed an infringement notice offence, the person may give a
notice (an infringement notice) to the person.
17A Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to which the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
Part 1A Infringement notice offences
Nhulunbuy (Animal Control) By-laws 1998 13
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in clause (2)(b).
17B Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
17C Withdrawal of infringement notice
(1) The Corporation may withdraw the infringement notice by written
notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
17D Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
Part 2 Animals generally
Nhulunbuy (Animal Control) By-laws 1998 14
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 2 Animals generally
18 Diseased and injured animals and animals at large
The Corporation may, by notice in writing, require the owner of:
(a) a diseased, injured, savage or destructive animal (whether it is
on private premises or in a public place); or
(b) an animal at large in a public place that, if left at large, is likely
to be a danger to the safety of the public,
to immediately remove or otherwise dispose of the animal and may,
if it is reasonable to do so, require the destruction of the animal.
19 Removal, destruction or disposal of animal
(1) The Corporation may cause the carcass of a dead animal that is
found in a public place to be removed or disposed of.
(2) The Corporation may, without notice to the owner of a dead,
diseased or injured animal that is likely to be a danger to the safety
of the public, cause the carcass or the animal to be removed or
destroyed and disposed of.
(3) Where the Corporation incurs expense in removing, destroying or
disposing of an animal or a dead animal, the Corporation may
recover the expense from the owner of the animal as a debt due
and payable to the Corporation.
19A Animal causing nuisance
(1) The owner of an animal must ensure that the animal is not a
nuisance to people or other animals.
Part 2 Animals generally
Nhulunbuy (Animal Control) By-laws 1998 15
(2) An animal is a nuisance if the animal:
(a) is injurious or dangerous to the health of the community or
another person; or
(b) behaves repeatedly in a manner contrary to the general
interest of the community or specific interests of another
person; or
(c) creates a noise of a degree or extent that disturbs the
reasonable mental, physical or social well-being of a person
other than its owner; or
(d) defecates to a degree or extent that causes annoyance to a
person other than its owner.
19B Seizure and impounding
(1) An authorised person may seize:
(a) an animal that appears to be diseased, injured, savage,
destructive, stray or not permitted to be in the corporation area
under these By-laws; or
(b) an animal that is at large; or
(c) an animal that is abandoned; or
(d) an animal that is a nuisance to people or other animals on
more than one occasion; or
(e) a dangerous dog the owner of which has not complied with the
conditions of the dog's registration.
(2) As soon as practicable after seizing an animal, the authorised
person must:
(a) impound the animal in a pound; or
(b) return the animal to its owner; or
(c) destroy the animal in accordance with by-law 19C.
19C Destruction of seized animal
An authorised person may, without prior notice to the owner of an
animal, destroy the animal seized under by-law 19B if:
(a) the animal is diseased, injured, savage or destructive; and
Part 2 Animals generally
Nhulunbuy (Animal Control) By-laws 1998 16
(b) the authorised person believes on reasonable grounds that it
is necessary to destroy the animal.
19D Release of animals from pounds
(1) An animal impounded under by-law 19B(2)(a) must not be released
from the pound unless:
(a) it is to the owner of the animal or to a person authorised to act
on behalf of the owner; and
(b) the Corporation is paid any maintenance and release fees that
the Corporation requires to be paid; and
(c) in the case of a dog – the dog is registered.
(2) A person collecting an animal from a pound must provide evidence
that the person is the owner of the animal or is authorised to act on
behalf of the owner.
19E Notice of impounding registered dogs
(1) A pound supervisor must notify the registrar if:
(a) a registered dog with an identification device is seized or
delivered to a pound; or
(b) a dog with a collar on which the address of its owner is
displayed is seized or delivered to a pound.
(2) On being notified under clause (1), the registrar must serve on the
registered owner of the dog a notice, in the approved form, of the
impounding of the dog.
(3) Except as required by clause (2), the registrar is not obliged to
notify the owner of a dog of the impounding of the dog.
19F Diseased dogs that have been impounded
(1) This clause applies to a dog if:
(a) a pound supervisor takes custody of the dog after it is seized
under these By-laws; and
(b) the pound supervisor:
(i) receives advice from a veterinarian that the dog is, or is
suspected of being, diseased; or
(ii) notices or suspects that the dog is diseased.
Part 2 Animals generally
Nhulunbuy (Animal Control) By-laws 1998 17
(2) The pound supervisor must:
(a) isolate the dog from other dogs in the pound; and
(b) notify the Corporation of the dog's condition.
(3) The Corporation must serve on the owner, if known, of a dog
isolated under clause (2) written notice that the dog is, or is
suspected of being, diseased and that the Corporation:
(a) requires the dog to be destroyed; or
(b) requires the dog to undergo a course of treatment specified in
the notice.
(4) In a notice served under clause (3), the Corporation may require
the owner of the dog to produce to the Corporation, within the time
specified in the notice, a report prepared by a veterinarian or other
person specified in the notice relating to:
(a) if the dog is not required to be destroyed – the disease of the
dog; and
(b) in any other case – all other dogs usually kept at the premises
where the dog was kept.
(5) A dog the subject of a notice under this by-law may be released
from the pound in accordance with by-law 19D, subject to any
conditions the Corporation thinks fit to impose.
(6) A pound supervisor may, without prior notice to the owner of a dog
in a pound, destroy the dog if the dog is so diseased or injured that
it is humane to destroy it.
(7) 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 supervisor could reasonably isolate it, is a debt due and
payable by the owner of the diseased dog to the Corporation.
(8) An owner of a dog commits an offence if the owner:
(a) fails to comply with a requirement of a notice imposed under
clause (4); or
(b) fails to comply with a condition imposed under clause (5).
Maximum penalty: 20 penalty units.
(9) An offence against clause (8) is an offence of strict liability.
Part 2 Animals generally
Nhulunbuy (Animal Control) By-laws 1998 18
(10) It is a defence to a prosecution for an offence against clause (8) if
the defendant has a reasonable excuse.
Note for clause (10)
The defendant has an evidential burden in relation to the matters in clause (10)
(see section 43BU of the Criminal Code).
19G Destruction or disposal of unclaimed impounded animal
(1) Despite by-law 19D and subject to clause (2), if an animal
impounded under by-law 19B is not claimed by the owner of the
animal or a person authorised to act on behalf of the owner within a
period of time determined by the Corporation, the Corporation may:
(a) destroy the animal; or
(b) transfer the animal to an approved incorporated body that
provides animal welfare services.
(2) If the animal impounded under by-law 19B is a dog the pound
supervisor may:
(a) arrange for the destruction of the dog delivered to a pound on
the expiry of the number of days or hours determined by the
Corporation; or
(b) instead of destroying the dog under paragraph (a), transfer the
dog to an approved incorporated body that provides animal
welfare services.
19H Pounds
(1) The Corporation may:
(a) establish a pound; or
(b) make any arrangements the Corporation thinks fit for use of
premises for impounding animals under these By-laws.
(2) The Corporation may appoint a person to be the supervisor of a
pound.
19J Humane destruction of animals
(1) An animal in a pound must not be destroyed other than:
(a) by a veterinarian or another person who is, in the opinion of a
pound supervisor, qualified to destroy the animal; and
(b) in a manner that is approved by the Australian Veterinary
Association.
Part 3 Control of dogs
Division 2 Registration of dogs
Nhulunbuy (Animal Control) By-laws 1998 19
(2) An animal that is not in a pound and is destroyed under these
By-laws must be destroyed in a manner that is approved by the
Australian Veterinary Association.
19K Emergency destruction of animal
The Corporation may, without prior notice to the owner of an
animal, destroy the animal if:
(a) the animal is:
(i) diseased, injured, savage or destructive; or
(ii) surrendered by the owner to the Corporation for
destruction; and
(b) the Corporation believes on reasonable grounds that it is
necessary to immediately destroy the animal.
20 Occupier is taken to be owner
For this Part, in the absence of evidence to the contrary the
occupier of land where an animal or a dead animal is found is to be
taken to be the owner of the animal.
Part 3 Control of dogs
Division 1 Preliminary matters
22 Exemptions
By-laws 30 and 32 do not apply to or in relation to:
(a) a assistance dog; or
(b) any other dog that the Corporation determines is exempt from
those By-laws.
Division 2 Registration of dogs
22A Application for registration
(1) A person may apply to the Corporation for the registration of a dog
under these By-laws.
(2) An application must be:
(a) in the approved form; and
Part 3 Control of dogs
Division 2 Registration of dogs
Nhulunbuy (Animal Control) By-laws 1998 20
(b) accompanied by the appropriate fee; and
(c) accompanied by any other documents, specifications or
particulars that the Corporation may require.
(3) An application for the renewal of a registration must be made to the
Corporation not less than 14 days before the expiry of the
registration.
(4) A person must not apply for registration for more than 2 dogs.
(5) The Corporation may waive the requirement in clause (4) if the
Corporation thinks it reasonable in the circumstances.
22B Grant of registration
(1) The Corporation must, not later than 14 days after receiving an
application for the registration of a dog:
(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 and
refund to the applicant the fee accompanying the application.
(2) The Corporation 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 the owner of the dog:
(i) was convicted of an offence against these By-laws; or
(ii) made a payment of a sum specified in by-law 16(2) in
accordance with a notice of infringement issued under
these By-laws; or
(b) the dog is a dangerous dog and within the period of 12 months
before the date of the application the owner of the dog
contravened by-law 28C(1) more than once; or
(c) within the period of 12 months before the date of the
application the dog was impounded under these By-laws; or
(d) the Corporation is satisfied that the dog is destructive,
dangerous, savage or consistently the cause of nuisance to
members of the public; or
(e) the premises on which the dog is usually kept are not fenced
in the manner determined by the Corporation; or
Part 3 Control of dogs
Division 2 Registration of dogs
Nhulunbuy (Animal Control) By-laws 1998 21
(f) within the period of 12 months before the date of the
application the Corporation received a complaint 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 land or
premises other than the land or premises where the dog
is usually kept.
(3) The Corporation must refuse to register or renew the registration of
a dog if the dog is usually kept on premises within a dog restriction
area.
(4) Despite clause (3) the Corporation may renew the registration of a
dog usually kept on premises within a dog restriction area if:
(a) the dog was owned by the applicant immediately before the
area became a dog restriction area; and
(b) the dog is usually kept at premises in the dog restriction
area; and
(c) the dog is registered.
(5) If the Corporation 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 Corporation must serve on the applicant a
written statement of the reasons for its decision.
23 Conditions of registration
(1) A registration remains in force for the period of time specified in the
registration.
(2) The Corporation may register or renew the registration of a dog for
one of the following periods:
(a) the period of 12 months commencing on the date of the grant
or renewal of the registration;
(b) a period of less than 12 months;
(c) if the dog is sterilised and fitted with an identification device –
the remainder of the lifetime of the dog.
Part 3 Control of dogs
Division 4 Cancellation or variation of registration
Nhulunbuy (Animal Control) By-laws 1998 22
(3) A registration may be subject to the conditions the Corporation
thinks fit and specifies in the registration including conditions that
may lead to immediate revocation of the registration if they are
breached or not complied with.
(4) A registration is not transferable.
(5) A person must comply with the registration.
23A Registration of certain dog breeds
(1) It is a condition of registration of a dog of a breed specified by the
Corporation that the owner of the dog must, at all times when the
dog is outside premises where it is usually kept:
(a) ensure the dog is controlled by a suitable leash; and
(b) keep the dog muzzled.
(2) For clause (1), the Corporation may specify any breed of dog.
24 Identification device
(1) Where the Corporation registers or renews the registration of a dog
under by-law 23, it must, unless the dog is fitted with a permanent
electronic subcutaneous implant issued by the Corporation, issue to
the person who made the application a dog-tag for fitting to the dog.
(2) Where the Corporation issues a dog-tag to the owner of a dog, the
owner, unless exempted by the Registrar, must ensure that:
(a) the tag is fixed to a collar on the dog; and
(b) the tag remains displayed on a collar on the dog,
while the registration of the dog remains in force.
(3) Where the Corporation issues to the owner of a dog a permanent
electronic subcutaneous implant, the owner must cause the dog to
be implanted with the device by a veterinarian not later than
14 days after the date of registration of the animal.
Division 4 Cancellation or variation of registration
26 Cancellation or variation of registration by request
(1) The registered owner of a dog may apply, in writing, to the
Corporation for:
(a) the cancellation of registration of the dog; or
Part 3 Control of dogs
Division 4 Cancellation or variation of registration
Nhulunbuy (Animal Control) By-laws 1998 23
(b) a variation to the conditions to which the registration of the
dog is subject.
(2) On an application under clause (1), the Corporation may, by written
notice served on the applicant, cancel or vary the registration in the
manner requested in the application.
(3) A notice served by the Corporation under clause (2) takes effect on
the day 14 days after the service of the notice.
27 Cancellation or variation of registration otherwise than by
request
(1) The Corporation may, in accordance with this by-law, cancel the
registration of a dog or vary the registration (including any
conditions of the registration) if the holder of the registration:
(a) obtained the registration improperly; or
(b) failed to comply with these By-laws or a condition of the
registration.
(2) Before making a decision to cancel or vary the registration, the
Corporation must give the holder of the registration a written notice:
(a) stating that the Corporation proposes to cancel or vary the
registration; and
(b) stating the grounds for the intended cancellation or
variation; and
(c) inviting the holder to show cause why the Corporation should
not cancel or vary the registration.
(3) The Corporation may, not less than 14 days after the date of the
notice under clause (2), cancel or vary the registration (including
any conditions of the registration).
(4) In making a decision to cancel or vary a registration under
clause (3), the Corporation must consider any response provided
by the registered owner within the period of 14 days after the date
of the notice under clause (2).
(5) The Corporation must give written notice to the registered owner of
the decision under clause (3).
Part 3 Control of dogs
Division 4A Dangerous dogs
Nhulunbuy (Animal Control) By-laws 1998 24
Division 4A Dangerous dogs
28A Dangerous dog
(1) An authorised person may declare a dog to be a dangerous dog if
any of the following occur:
(a) the dog attacks a person or animal;
(b) the dog menaces a person or animal;
(c) the authorised person believes on reasonable grounds that
the dog is destructive, dangerous, savage or a threat to the
safety of the community.
(2) If an authorised person declares a dog to be a dangerous dog, the
authorised person must serve a notice of the declaration on the
owner of the dog.
28B Revocation of declaration
(1) The owner of a dangerous dog may apply to the Corporation for the
revocation of the declaration of a dangerous dog.
(2) The Corporation may:
(a) revoke the declaration; or
(b) refuse the application to revoke the declaration.
(3) The Corporation must give written notice of a decision under
clause (2) to the owner of the dog.
(4) A revocation under clause (2)(a) takes effect from the date the
Corporation notifies the owner of the revocation.
(5) If the Corporation refuses an application made under clause (1), the
registrar is not required to consider an application made under
clause (1) in relation to the same dog within six months of the
refusal.
28C Registration of dangerous dog
(1) As a condition of registration of a dangerous dog, the registered
owner of the dog must:
(a) ensure the dog is under the effective control of a person who
is at least 18 years of age at all times when the dog is outside
the premises where the dog is usually kept; and
Part 3 Control of dogs
Division 4A Dangerous dogs
Nhulunbuy (Animal Control) By-laws 1998 25
(b) ensure the dog is controlled by a suitable leash at all times
when:
(i) the dog is outside the premises where the dog is usually
kept; or
(ii) the dog is kept on premises that are not fenced in a
manner determined by the Corporation; and
(c) keep the dog muzzled at all times when the dog is outside the
premises where it is usually kept; and
(d) ensure the dog is sterilised; and
(e) inform any prospective purchaser or owner of the dog that it is
a dangerous dog; and
(f) if ownership of the dog is transferred – notify the Corporation
of the name and address of the new owner within 24 hours
after the transfer; and
(g) if the registered owner intends to keep the dog at a location
different to the premises where the dog is usually kept for a
period exceeding 14 days – notify the Corporation of the new
address within 24 hours after the dog is relocated; and
(h) if the dog attacks, or is alleged to have attacked, a person or
animal – notify the Corporation of the attack, or alleged attack,
within 24 hours after the earlier of:
(i) the attack, or alleged attack; or
(ii) the time the registered owner is made aware of the
attack, or alleged attack; and
(i) if the dog is missing – notify the Corporation within 24 hours
after the registered owner becomes aware the dog is
missing; and
(j) if the dog dies – notify the Corporation within 14 days after its
death.
(2) If the registered owner of a dangerous dog contravenes clause (1)
more than once in a 12 month period, the Corporation may, by
written notice served on the registered owner of the dog, require the
registered owner to show cause why the Corporation should not
cancel the registration of the dog.
Part 3 Control of dogs
Division 5 Dog exercise areas and dog restriction areas
Nhulunbuy (Animal Control) By-laws 1998 26
(3) The Corporation may, not less than 14 days after the day a notice
under clause (2) is served, by written notice served on the
registered owner:
(a) cancel the registration of the dog; or
(b) impose additional conditions on the registration of the dog.
(4) In making a decision to cancel the registration of a dog or impose
additional conditions on the registration of a dog under clause (3),
the Corporation must consider any response provided by the
registered owner of the dog within the period of 14 days after the
date of service of the notice under clause (2).
Division 5 Dog exercise areas and dog restriction areas
29 Dog exercise areas and dog restriction areas
(1) The Corporation may, by resolution, declare an area within the
corporation area to be a dog exercise area and, in doing so, must
specify the times when a dog may be exercised in the area and the
other conditions, if any, to apply to the exercising of a dog in the
area.
(2) The Corporation may, by resolution, declare an area within the
corporation area to be a dog restriction area and may prohibit the
keeping in the area of:
(a) all dogs; or
(b) more than a specified number of dogs; or
(c) all or more than a specified number of dogs of a specified
breed.
(3) If the Corporation intends to declare a dog exercise area or dog
restriction area, the Corporation must:
(a) publish a notice in a newspaper circulating in the corporation
area not less that 28 days before making the declaration stating
it intends to declare a dog exercise area or dog restriction
area (as the case requires); and
(b) include in the notice a description of the intended location of
the dog exercise area or dog restriction area; and
(c) in the notice, invite comment from the public.
(4) In making a resolution to declare an area within the corporation
area to be a dog exercise area under clause (1) or a dog restriction
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 27
area under clause (2), the Corporation must consider any response
provided within the period of 28 days after the date of the
publication of the notice in a newspaper under clause (3).
Division 6 Offences
30 Unregistered dogs
(1) A person commits an offence if:
(a) the person keeps a dog within the corporation area; and
(b) the dog is not registered.
Maximum penalty: 20 penalty units
(2) An offence against clause (1) is an offence of strict liability.
(2A) The court may, in addition to any penalty imposed for the offence,
impose a penalty not exceeding 1 penalty unit for each day during
which the offence continues after the day the offence is committed.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant proves that the dog had not been usually kept in the
corporation area for a period of 3 months or more immediately
before the date of the alleged offence or for periods totalling
3 months during the 6 month period immediately before that date.
(4) Clause (1) does not apply to:
(a) a pound supervisor keeping a dog in a pound; or
(b) an approved incorporated body that provides animal welfare
services; or
(c) a veterinarian keeping a dog for the purposes of treatment; or
(d) a dog under the age of 3 months.
(5) 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.
30A Failure to comply with a condition of registration
(1) A registered owner of a dog commits an offence if:
(a) the dog has been registered subject to conditions; and
(b) a condition of the registration is contravened.
Maximum penalty: 20 penalty units.
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 28
(2) An offence against clause (1) is an offence of strict liability.
(3) The court may, in addition to any penalty imposed for the offence,
impose a penalty not exceeding 1 penalty unit for each day during
which the offence continues after the day the offence is committed.
(4) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
32 Keeping dogs in dog restriction area
(1) A person who keeps a dog in a dog restriction area where keeping
the dog is prohibited commits an offence.
Maximum penalty: 20 penalty units.
(2) If a dog is present in a dog restriction area and the presence of the
dog is prohibited, the owner of the dog commits an offence.
Maximum penalty: 20 penalty units.
(3) An offence against clause (1) or (2) is an offence of strict liability.
(3A) The court may, in addition to any penalty imposed for the offence,
impose a penalty not exceeding 1 penalty unit for each day during
which the offence continues after the day the offence is committed.
(4) It is a defence to a prosecution for an offence against clause (1)
or (2) if the defendant proves that, at the date of the making of the
resolution declaring the dog restriction area, the dog:
(a) was owned by the person; and
(b) was usually kept at premises in the dog restriction area; and
(c) if required by these By-laws to be registered, was registered.
33 Removal of identification device
(1) A person, other than the owner of a dog, who without reasonable
cause removes an identification device from a registered dog
commits an offence.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 29
33A Dog at large without identification device
(1) The owner of a registered dog who permits the dog to be at large
without an identification device commits an offence.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant 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.
33B Identification device fitted to incorrect dog
(1) A person must not fit an identification device on a dog that is not the
dog for which the device was issued.
(2) A person commits an offence if the person contravenes clause (1).
Maximum penalty: 20 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against clause (2) if
the defendant has a reasonable excuse.
34 Dogs at large
(1) An owner of a dog commits an offence if the dog, when at large, is
not under effective control.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if:
(a) the dog, when at large, was in a dog exercise area in
compliance with the conditions of exercising a dog in the dog
exercise area; or
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 30
(b) another person had, without the defendant's permission,
caused the dog to be at large.
Note for clause (3)
The defendant has an evidential burden in relation to the matters in clause (3)
(see section 43BU of the Criminal Code).
35 Female dog in oestrus
(1) The owner of a female dog must ensure the dog is not in a public
place if the dog is in oestrus.
(2) A person commits an offence if the person fails to comply with
clause (1).
Maximum penalty: 20 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against clause (2) if
the defendant has a reasonable excuse.
(5) Without limiting clause (4), it is a reasonable excuse if the female
dog is:
(a) under effective control; and
(b) being taken to one of the following:
(i) a veterinarian for treatment;
(ii) a kennel for boarding;
(iii) a stud dog for breeding purposes;
(iv) a conformation show;
(v) any other event or place approved by the registrar.
36 Enticement
A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the person is reckless as to whether the conduct results in the
owner of a dog being liable to prosecution for an offence
against these By-laws.
Maximum penalty: 20 penalty units.
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 31
37 Dogs attacking or menacing persons or animals
(1) An owner of a dog must ensure that the dog does not:
(a) menace a person or animal; or
(b) attack a person or animal.
(2) An owner of a dog commits an offence if the owner fails to comply
with clause (1).
Maximum penalty: 20 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against clause (2) if
the defendant establishes any of the following:
(a) another person had, without the defendant'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 defendant;
(c) the person menaced or attacked was menaced or attacked on
premises owned or occupied by the defendant, and the
person:
(i) was not proceeding by the shortest practical route from a
boundary of the premises to the door of the premises
closest to the boundary or from the door to the
boundary; or
(ii) was on the premises for an unlawful purpose.
(5) If a court finds a person guilty of an offence against clause (2), the
court may make one or both of the following orders:
(a) order the person to pay the costs and expenses of, and
incidental to, the impounding of the dog;
(b) order the destruction of the dog in addition to, or instead of,
the penalty for that offence.
38 Dog chasing vehicle
(1) An owner of a dog must ensure the dog does not chase a vehicle.
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 32
(2) An owner of a dog commits an offence if the owner fails to comply
with clause (1).
Maximum penalty: 20 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
39 Dogs causing nuisance
(1) A person commits an offence if the person fails to comply with
by-law 19A(1).
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
Note for clause (3)
The defendant has an evidential burden in relation to the matters in clause (3)
(see section 43BU of the Criminal Code).
(4) The owner of a dog does not commit an offence against clause (1)
consisting of failing to prevent a dog repeatedly defecating in a
place that causes annoyance to other persons if the owner
immediately removes and disposes of the faeces in a sanitary
manner.
40 Abandoning dog
(1) A person commits an offence if the person abandons a dog in the
corporation area.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
41 Removal of dog from custody
(1) A person commits an offence if the person:
(a) removes or attempts to remove a dog from the custody of an
authorised person; or
Part 3 Control of dogs
Division 6 Offences
Nhulunbuy (Animal Control) By-laws 1998 33
(b) except under by-law 19D, removes or attempts to remove a
dog from a pound.
Maximum penalty: 20 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if
the defendant has a reasonable excuse.
42 Sterilisation marks and certificates
(1) The Corporation may approve:
(a) a certificate of sterilisation to be issued to the owner of a
sterilised dog; and
(b) a mark to be used to identify a dog that has been sterilised.
(2) Where the Corporation has approved a certificate of sterilisation
under clause (1), a veterinarian must, on sterilising a dog, issue
such a certificate to the owner of the dog.
(3) Where the Corporation has approved a mark under clause (1), a
person must not mark a dog that has not been sterilised with the
approved mark.
(4) A person selling or disposing of a dog to another person, must not:
(a) if the dog has been sterilised – fail to supply to the other
person the proof that the dog has been sterilised; or
(b) if the dog has not been sterilised – state or hold out that the
dog is sterilised.
(5) A person who contravenes or fails to comply with clause (2), (3)
or (4) commits an offence.
Maximum penalty: 20 penalty unit.
(6) An offence against clause (5) is an offence of strict liability.
(7) It is a defence to a prosecution for an offence against clause (5) if
the defendant has a reasonable excuse.
Part 3 Control of dogs
Division 9 Miscellaneous matters
Nhulunbuy (Animal Control) By-laws 1998 34
Division 9 Miscellaneous matters
49 Change of details
(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 registered owner from whom the person
acquired the dog; and
(c) the registration number of the dog.
(1A) A person who fails to comply with clause (1) commits an offence.
Maximum penalty: 1 penalty unit.
(1B) An offence against clause (1A) is an offence of strict liability.
(1C) It is a defence to a prosecution for an offence against clause (1A) if
the defendant has a reasonable excuse.
(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.
(2A) A person who fails to comply with clause (2) commits an offence.
Maximum penalty: 1 penalty unit.
(2B) An offence against clause (2A) is an offence of strict liability.
(2C) It is a defence to a prosecution for an offence against clause (2A) if
the defendant has a reasonable excuse.
50 Exemptions
(1) The Corporation may, by notice in writing, exempt a person or body
from by-law 33 or 34, 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 using a dog to drive cattle or stock on a road, or
for any other purpose or event as the Corporation may determine.
(2) An exemption under clause (1) may relate to a particular event or to
a class of events and may be subject to the conditions the
Corporation thinks fit.
Part 4 Transitional matters for Nhulunbuy (Animal Control) Amendment By-laws
2015
Nhulunbuy (Animal Control) By-laws 1998 35
Part 3A Review of decisions
50A Reviewable decisions
For Part 18.1 of the Act, the following decisions are designated as
reviewable:
(a) a decision to destroy an animal under by-law 19C or 19G(1)(a)
or (2)(a);
(b) a decision to refuse to register or renew the registration of a
dog under by-law 22B(2);
(c) a decision to cancel the registration of a dangerous dog or
impose additional conditions on the registration under
by-law 28C(3).
Note for by-law 50A
Part 18.1 of the Act provides the details of the process for the review of these
decisions.
Part 4 Transitional matters for Nhulunbuy (Animal
Control) Amendment By-laws 2015
51 Definition
In this Part:
commencement means the day on which the Nhulunbuy (Animal
Control) Amendment By-laws 2015 commence.
52 CEO of Corporation
The person who was referred to as the Town Administrator
immediately before the commencement is the CEO for these
By-laws.
Schedule 1
Nhulunbuy (Animal Control) By-laws 1998 36
Schedule 1
by-law 2(1)
COPY OF INSTRUMENT UNDER SECTION 128(1) OF LOCAL
GOVERNMENT ACT 2008
"NORTHERN TERRITORY OF AUSTRALIA
Local Government Act 2008
EXTENSION OF ANIMAL CONTROL POWERS TO NHULUNBUY
CORPORATION LIMITED
I, TIMOTHY DENNEY BALDWIN, the Minister for Local Government, in
pursuance of section 128(1) of the Local Government Act 2008, declare the
Nhulunbuy Corporation Limited ACN 009 596 598 (a body which in my opinion
is capable of performing relevant functions of a local government nature) to be
a body to which section 128 of the Act applies in relation to the area, not being
a council area, described in the Schedule.
Dated 27 October, 1997.
T.D. BALDWIN
Minister for Local Government
NOTE: On this declaration taking effect, the Nhulunbuy Corporation
Limited has in the area described in the Schedule the functions that a
municipal council has under the Act in relation to Animal Control and Animal
Impounding, and has in relation to those functions the same by-law making
and enforcing powers as a municipal council has in relation to its municipality.
SCHEDULE
All those parcels of land at Nhulunbuy in the Northern Territory of Australia
containing a total area of 679.83 hectares more or less, being Northern
Territory Portions 1192 and 1316 (which include the town centre, the main
residential areas and the main industrial area) and being more particularly
delineated on Survey Plans A708 and A952 lodged with the Surveyor
General, Darwin.".
Schedule 2 Determinations
Nhulunbuy (Animal Control) By-laws 1998 37
Schedule 2 Determinations
by-law 5(4)
Column 1
Determinations
Column 2
Matters to be taken into account
Registration
(1) By-law 5(3)(c)
Application fee for
(a) registration Fee may vary in respect of matters
including:
(a) the date of the application;
(b) whether or not the owner
presents a sterilisation
certificate in relation to the
dog;
(c) whether or not the applicant is
a pensioner;
(d) whether or not the dog is a
dangerous dog.
(b) renewal of registration Fee may vary in respect of matters
including:
(a) whether or not the owner
presents or has, on making
application for the initial
registration, presented a
sterilisation certificate in
relation to the dog;
(b) whether or not the applicant is
a pensioner;
(c) whether or not the dog is a
dangerous dog.
Schedule 2 Determinations
Nhulunbuy (Animal Control) By-laws 1998 38
(2) By-law 22B(2)(e)
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, of the dog to
be registered.
Dog Restriction Areas
By-law 29(2)
Prohibiting the keeping of any of the
following within a specified area of the
corporation area:
(a) all dogs;
(b) more than a specified number
of dogs;
(c) all or more than a specified
number of dogs of a specified
breed.
Maintenance and Release Fees
By-law 19D(1)
Daily fee to be paid in relation to the
maintenance of an animal in a pound.
Fee to be paid on the release of an
animal from a pound.
Destruction of Impounded Animals
By-law 19G(1)
Number of days or hours on the
expiry of which the pound supervisor
may arrange for the destruction of an
animal.
Registration of dangerous dog
By-law 28C(1)(b)(ii)
Manner in which premises on which
the dangerous dog is usually kept are
to be fenced.
Manner may vary by reference to the
size or breed, or both, of the
dangerous dog to be registered.
Schedule 2 Determinations
Nhulunbuy (Animal Control) By-laws 1998 39
Other Determinations
The purposes for which and the
conditions on which the Corporation
will grant registrations not otherwise
specifically dealt with in these
By-laws.
Schedule 3 Infringement notice offences and prescribed amounts
Nhulunbuy (Animal Control) By-laws 1998 40
Schedule 3 Infringement notice offences and prescribed
amounts
by-law 16
Provision Prescribed amount
in penalty units
by-laws 12(1), 14(1), 15(1) and (2), 33(1), 33A(1), 36,
40(1) and 41(2)
2
by-laws 19F(8), 30(1), 30A(1), 32(1) and (2), 33B(2),
34(1), 35(2), 38(2), 39(1), 42(5) and 49(1A) and (2A)
1
by-law 37(2) 7
ENDNOTES
Nhulunbuy (Animal Control) By-laws 1998 41
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
Nhulunbuy (Animal Control) By-laws (SL No. 33, 1998)
Notified 26 August 1998
Commenced 26 August 1998
Amendment of Nhulunbuy (Animal Control) By-laws (SL No. 9, 2000)
Notified 10 February 2000
Commenced 10 February 2000
Amendment of Nhulunbuy (Animal Control) By-laws (SL No. 23, 2000)
Notified 4 May 2000
Commenced 4 May 2000
Amendment of Nhulunbuy (Animal Control) By-laws (SL No. 44, 2000)
Notified 23 August 2000
Commenced 23 August 2000
Amendment of Nhulunbuy (Animal Control) By-laws (SL No. 28, 2015)
Notified 24 November 2015
Commenced 24 November 2015
Local Government Act 2019 (Act No. 39, 2019)
Assent date 13 December 2019
Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,
30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
ENDNOTES
Nhulunbuy (Animal Control) By-laws 1998 42
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
Nhulunbuy (Animal Control) Amendment By-laws (SL No. 27, 2022)
Notified 2 February 2023
Commenced 2 February 2023
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, 2, 4 and 17A and sch 1.
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 28, 2015, bl 24
pt 1
div 1 hdg amd No. 28, 2015, bl 24
bl 2 amd No. 28, 2015, bl 3; Act No. 39, 2019, s 370
bl 4 amd No. 28, 2015, bl 4; Act No. 39, 2019, s 370; No. 27, 2022, bl 4
bl 4A ins No. 28, 2015, bl 5
bl 4AA ins No. 27, 2022, bl 5
bl 5 amd No. 28, 2015, bl 24, No. 27, 2022, bl 6
bl 7 amd No. 27, 2022, bl 7
bl 8 amd No. 28, 2015, bl 24; No. 27, 2022, bl 8
pt 1
div 2 hdg sub No. 27, 2022, bl 9
bl 9 – 10 sub No. 27, 2022, bl 9
bl 11 amd No. 28, 2015, bl 24
sub No. 27, 2022, bl 9
bl 12 sub No. 27, 2022, bl 9
pt 1
div 3 hdg amd No. 28, 2015, bl 24
bl 14 – 15 sub No. 28, 2015, bl 6
bl 16 – 17 rep No. 28, 2015, bl 6
bl 18 amd No. 27, 2022, bl 10
bl 19 amd No. 28, 2015, bl 24
bl 19A – 19K ins No. 27, 2022, bl 11
bl 20 amd No. 28, 2015, bl 24
pt 3
div 1 hdg amd No. 28, 2015, bl 24
bl 21 amd No. 28, 2015, bl 24
rep No. 27, 2022, bl 12
bl 22 amd No. 27, 2022, bl 13
bl 22A – 22B ins No. 27, 2022, bl 14
bl 23 amd No. 28, 2015, bl 7
bl 23 sub No. 27, 2022, bl 14
bl 23A ins No. 28, 2015, bl 8
sub No. 27, 2022, bl 14
pt 3
div 3 hdg rep No. 27, 2022, bl 15
bl 25 rep No. 27, 2022, bl 15