NORTHERN TERRITORY OF AUSTRALIA
PALMERSTON (PUBLIC PLACES) BY-LAWS 2001
As in force at 20 November 2020
Table of provisions
Part 1 Preliminary
Division 1 General
1 Citation ............................................................................................ 1
2 Crown to be bound .......................................................................... 1
3 Definitions ........................................................................................ 1
4 Application of By-laws ..................................................................... 4
5 Determinations ................................................................................ 4
6 Registrar .......................................................................................... 4
7 Registers ......................................................................................... 4
8 Matters of evidence ......................................................................... 5
9 Liability of owner of motor vehicle.................................................... 5
10 Evidence of ownership of motor vehicle .......................................... 7
11 Requirement by council for owner or occupier of land to
execute work or take other action .................................................... 8
12 Where requirements not complied with ........................................... 9
Division 2 Plan of numbering in municipality
13 Plan of numbering ........................................................................... 9
Division 3 Permits and other authorities
14 Definition........................................................................................ 10
15 Application for permit ..................................................................... 10
16 Grant of permit............................................................................... 10
17 Conditions of permit ....................................................................... 11
18 Activity for which permit required prohibited without permit;
compliance with conditions of permit ............................................. 11
Division 4 Regulatory
19 Compliance with notice .................................................................. 11
20 Obstruction of officers etc. ............................................................. 12
21 False statement in documents ....................................................... 12
22 Power of arrest or removal ............................................................ 12
23 Infringement notice and payment of sum in lieu of penalty ............ 12
23A Withdrawal of infringement notice.................................................. 14
Palmerston (Public Places) By-laws 2001 ii
Part 2 Garbage services
24 Definitions ...................................................................................... 15
25 Collection of garbage by council .................................................... 15
26 Alternate regular garbage collection service .................................. 15
27 Provision and maintenance of garbage receptacles ...................... 15
28 Interference with garbage receptacles........................................... 17
29 Council may establish dumps ........................................................ 17
30 Offences at dumps ........................................................................ 18
Part 3 Litter etc. on land
31 Depositing etc. litter ....................................................................... 19
32 Land to be cleared ......................................................................... 19
33 Breaking and leaving matter that is likely to cause injury on a
public place.................................................................................... 20
34 Deposit of offensive matter etc. on a public place ......................... 20
Part 4 Works on public places
35 Definitions ...................................................................................... 21
36 General requirement for permit to carry out works on public
place .............................................................................................. 21
37 Information to accompany application for permit ........................... 22
38 Construction or removal of access-way, kerb or storm-water
drain .............................................................................................. 22
39 Inspection of works on public place ............................................... 22
Part 5 Control of nuisance or damage on or to
public places
40 Persons causing nuisance on public places .................................. 23
41 Council may require land to be enclosed ....................................... 24
42 Control of barbed wire fences ........................................................ 24
43 Work etc. on roads etc. .................................................................. 24
44 Use of access-ways ....................................................................... 25
45 Heavy loads prohibited on access-way, kerb etc. .......................... 26
Part 6 Control of vehicles and traffic
46 Driving etc. in public place on roads and road-related areas
only ................................................................................................ 26
47 Bicycle restriction areas ................................................................. 27
48 Council may provide off-street parking .......................................... 27
Part 7 Trees etc.
49 Damage to trees, plants etc. .......................................................... 27
50 Permit to plant etc. trees etc. ......................................................... 28
Palmerston (Public Places) By-laws 2001 iii
51 Overhanging trees and shrubs ...................................................... 28
Part 8 Malls and other public places
52 Bicycles, skates etc. may be prohibited in malls and other
public places .................................................................................. 29
53 Control of certain activities in malls and other public places .......... 29
54 Control of vehicular traffic etc. in malls .......................................... 30
Part 9 Public swimming pools etc.
55 Application of Part and definition ................................................... 31
56 Dress and conduct at swimming pools and bathing places ........... 32
57 Removal of unsupervised children from swimming pools and
bathing places ............................................................................... 33
Part 10 General controls
58 Handbills ........................................................................................ 33
59 Lighting fires .................................................................................. 34
60 Throwing stones etc. ..................................................................... 35
61 Writing, defacing etc. ..................................................................... 35
62 Goods in public place .................................................................... 35
63 Washing or repairing vehicles etc. in public place ......................... 36
64 Musical instruments etc. ................................................................ 36
65 Camping or sleeping in public place .............................................. 36
66 Person must not obstruct etc. another person using public
amenity .......................................................................................... 37
67 Shopping trolleys ........................................................................... 37
68 Removal of persons from reserve or mall ...................................... 38
69 General offences ........................................................................... 39
Part 11 Public libraries
Division 1 Preliminary
70 Definitions ...................................................................................... 40
Division 2 Library hours
71 Library hours determined by council .............................................. 40
72 Notification of library hours ............................................................ 41
Division 3 Registration of borrowers
73 Registration of permanent residents and persons working etc.
in the municipality as borrowers .................................................... 41
74 Registration of other persons as borrowers ................................... 41
75 Guarantors of registered borrowers who are less than 18 ............. 42
Palmerston (Public Places) By-laws 2001 iv
76 Effect of registration ....................................................................... 42
Division 4 Borrowers' cards
77 Issue of borrowers' cards............................................................... 42
78 Renewal of borrowers' cards ......................................................... 42
79 Loss or destruction of borrowers' cards ......................................... 43
80 Cancellation, suspension and amendment of borrowers' cards..... 43
Division 5 Borrowing
81 Books etc. to be lent only to registered borrowers who present
borrower's cards ............................................................................ 44
82 Number of books or materials that may be borrowed .................... 44
83 Period of loan of books or materials .............................................. 44
84 Books or materials may be reserved ............................................. 45
85 Books or materials may be requested ........................................... 45
86 Reference books or materials not to be borrowed ......................... 45
87 Retention of books or materials beyond period of loan.................. 45
88 Damage to books or materials to be reported................................ 46
89 Lost or damaged books or materials ............................................. 46
90 Offence to fail to comply with demand ........................................... 46
Division 6 Controls
91 Powers of librarian etc. .................................................................. 47
92 Bags etc. to be deposited .............................................................. 47
93 Supervision of children .................................................................. 48
94 Animals in libraries ........................................................................ 48
95 Vehicles in libraries ........................................................................ 48
96 Conduct of persons in libraries ...................................................... 48
97 Change of address of registered borrower .................................... 49
Part 12 Repeal and savings
98 Repeal ........................................................................................... 49
99 Savings .......................................................................................... 49
Schedule 2 Fixed penalties
Schedule 3 Repealed By-laws
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 November 2020
PALMERSTON (PUBLIC PLACES) BY-LAWS 2001
By-laws under the Local Government Act 2008
Part 1 Preliminary
Division 1 General
1 Citation
These By-laws may be cited as the Palmerston (Public Places)
By-laws 2001.
2 Crown to be bound
These By-laws bind the Crown in right of the Territory.
3 Definitions
In these By-laws, unless the contrary intention appears:
access-way means a driveway constructed between a road or
road-related area and adjacent land.
adjacent land has the same meaning as in the Australian Road
Rules.
appropriate fee means the fee determined from time to time by the
council to be the fee for a permit or other authority or other matter
or for a class of permits, authorities or matters.
approved means approved by the council by resolution.
Australian Road Rules means the Australian Road Rules
contained in Schedule 3 to the Traffic Regulations 1999.
bicycle or tricycle means a 2 or 3 wheeled vehicle designed to be
propelled by human power and includes a powered bicycle or
tricycle.
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Palmerston (Public Places) By-laws 2001 2
boat means a boat or floating vessel or craft of any kind other than
a motor boat.
bridge includes a ford, causeway, culvert or crossing affording
passage across water.
child means a person who is 10 years or less of age.
council means the Palmerston City Council.
determined means determined by the council by resolution.
footpath means a footpath, bicycle path or shared path within the
meaning of the Australian Road Rules.
handbill includes a poster, placard, notice, ticket, pamphlet and
advertisement.
land includes water.
litter includes garbage, rubbish, refuse, waste matter, cigarette
butts, matches, dead animals and discarded vehicle bodies,
machinery and implements.
meeting means a meeting of the council.
motor boat means a boat or floating vessel or craft of any kind that
has a motor to power its principal propulsion system, and includes a
hovercraft.
motor vehicle means any vehicle designed to be self propelled
and includes a trailer when attached to a motor vehicle, but does
not include a powered bicycle or tricycle or a motorised wheelchair
which is not capable of travelling at a speed greater than 10 km/h.
municipality means the municipality of Palmerston.
naturestrip means the area between a road or road-related area
and adjacent land that is not a footpath.
owner means:
(a) in relation to an animal, a boat, motor boat or vehicle (other
than a motor vehicle) – unless there is proof to the contrary,
the person for the time being in control of the animal, boat,
motor boat or vehicle; or
(b) in relation to a motor vehicle – the person in whose name the
vehicle is registered under the Motor Vehicles Act 1949 or
under another law of the Territory or under a law of a State or
Part 1 Preliminary
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Palmerston (Public Places) By-laws 2001 3
other Territory of the Commonwealth that provides for the
registration of vehicles.
permit means a permit issued under these By-laws, and includes a
renewed permit.
premises includes land, whether built on or not, and buildings.
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, road-related area, footpath, court, alley, lane,
thoroughfare or cul-de-sac which the public are allowed to
use, notwithstanding that the road, road-related area, footpath,
court, alley, lane, 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.
registrar means the person appointed by the council to be a
registrar under by-law 6.
reserve means land that is:
(a) a public place owned by, leased to, vested in or under the
care, control or management of the council; and
(b) capable of being used as a park, garden, nature reserve,
recreation ground, oval or playing field or for swimming,
bathing, boating or other recreation associated with water.
road has the same meaning as in rule 12 of the Australian Road
Rules.
road-related area has the same meaning as in rule 13 of the
Australian Road Rules.
vehicle means a conveyance or other device designed to be
propelled or drawn by any means and includes a bicycle or tricycle,
motor vehicle and an animal being driven or ridden but does not
Part 1 Preliminary
Division 1 General
Palmerston (Public Places) By-laws 2001 4
include a motorised wheelchair that is not capable of travelling at a
speed greater than 10 km/h or a train.
4 Application of By-laws
These By-laws apply to and are in force within the whole of the
municipality.
5 Determinations
(1) The council may, by resolution, regulate or determine:
(a) charges and fees for:
(i) a permit or other authority, or a class of permits or other
authorities, granted under these By-laws; or
(ii) a service, product, commodity or item, or a class of
services, products, commodities or items, performed or
supplied for the purposes of these By-laws; and
(b) the purpose for which and the conditions on which the council
may grant permits or other authorities under these By-laws or
perform or supply a service, product, commodity or item for
the purposes of these By-laws.
(2) If the council makes a determination under this by-law, the council
must publish notice of the determination in a newspaper generally
circulating in the municipality as soon as practicable after the
determination is made.
(3) If the council grants a permit or other authority or performs or
supplies a service, product, commodity or item in respect of which it
has determined a charge or fee under clause (1), the council may
demand and recover the amount of the charge or fee.
6 Registrar
The council may appoint a person to be the registrar for the
purposes of these By-laws or for a part of these By-laws.
7 Registers
(1) The registrar must keep the number of registers as determined by
the council.
(2) The registrar may keep a register in the medium or combination of
mediums that the registrar considers appropriate including, but not
limited to, a computer, microfilm or paper.
Part 1 Preliminary
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Palmerston (Public Places) By-laws 2001 5
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; and
(b) whether a permit or other authority had been issued,
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.
9 Liability of owner of motor vehicle
(1) Subject to this by-law, if an offence against these By-laws relating
to a motor vehicle is allegedly committed and the name of the
offender is not ascertained, the owner of the motor vehicle at the
time the offence occurs is, whether or not the owner in fact
committed the offence:
(a) to be taken to have committed the offence; and
(b) if an infringement notice is issued in relation to the
commission of the offence – to be issued the infringement
notice.
(2) The owner of a motor vehicle is not to be taken to have committed
an offence if:
(a) the motor vehicle was, at the time of the offence, stolen or
unlawfully used without the owner's consent;
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Palmerston (Public Places) By-laws 2001 6
(b) the motor vehicle is registered under the Motor Vehicles
Act 1949 and at the time of the offence:
(i) the owner had sold or disposed of the motor vehicle but
the registration of the motor vehicle had not been
transferred to the new owner; and
(ii) the owner had provided the Registrar with a notice of
disposal in respect of the motor vehicle as required by
section 20 of that Act; or
(c) within 14 days after the owner is, in relation to the alleged
offence, served or issued with:
(i) an infringement notice;
(ii) a summons; or
(iii) any other document dealing with the recovery or
enforcement of a penalty for an offence that may be
served or issued under an Act,
the owner delivers to the council a statutory declaration made
by the owner:
(iv) stating that some other person was in control of the
motor vehicle at the time the offence was allegedly
committed and setting out the name and address of that
other person and any other information known to the
owner that may assist in identifying or locating that other
person;
(v) stating that the motor vehicle was sold before the
offence was allegedly committed and setting out the date
of the sale, the name and address of the person to
whom it was sold and, if the sale was made through an
agent, the name and address of the agent; or
(vi) stating that at the time when the offence was allegedly
committed the motor vehicle had been stolen or was
being used unlawfully without the owner's consent.
(3) If the owner of the motor vehicle is a body corporate, a director,
secretary or manager of the body corporate may make a statutory
declaration for the purposes of clause (2).
(4) If the owner of the motor vehicle is the Territory, the
Commonwealth, a State or another Territory of the Commonwealth
or a statutory corporation, a person authorised, or apparently
authorised, for the purpose may make a statutory declaration for
Part 1 Preliminary
Division 1 General
Palmerston (Public Places) By-laws 2001 7
the purposes of clause (2).
(5) A person named in a statutory declaration as being in control of a
motor vehicle at the time of an alleged offence cannot be found
guilty of the offence unless a copy of the statutory declaration is
affixed to the summons for the offence at the time the summons is
served on the person.
(6) If a person is specified as the new owner of a motor vehicle in a
notice of disposal referred to in clause (2)(b)(ii):
(a) the person is to be taken to be the owner of the motor vehicle
at the time of the offence for the purposes of this by-law (other
than clause (2)(b)); and
(b) this by-law applies as if a reference to the owner of the motor
vehicle (other than in clause (2)(b)) were a reference to the
person.
(7) A statutory declaration referred to in clause (2)(c):
(a) is admissible in evidence in a prosecution against the person
in relation to the offence; and
(b) is evidence that the person was the driver of the motor vehicle
at the time of the offence.
(8) Subject to clause (9), nothing in this by-law affects the liability of an
actual offender who is not the owner of the motor vehicle.
(9) If a penalty has been imposed on a person in relation to an offence
referred to in this by-law:
(a) another person cannot be charged with the same offence; and
(b) a further penalty cannot be imposed on or recovered from
another person in relation to the same offence.
10 Evidence of ownership of motor vehicle
In a prosecution for an offence, a certificate issued by a person
authorised under an Act (including an Act of the Commonwealth or
a State or another Territory of the Commonwealth) to issue the
certificate stating:
(a) that a specified person was the registered owner of a specified
motor vehicle on a specified date;
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Palmerston (Public Places) By-laws 2001 8
(b) that a specified person was recorded as the new owner of a
specified motor vehicle on and from a specified date in a
record of a notice of disposal in respect of the motor vehicle;
or
(c) if the specified motor vehicle is not registered at the time of
issuing the certificate – that a specified person was the last
registered owner of the motor vehicle to and including a
specified date,
is evidence of the matters set out in the certificate and a court is to
assume that the certificate was duly issued.
11 Requirement by council for owner or occupier of land to
execute work or take other action
(1) If, for the purposes of these By-laws, the council requires the owner
or occupier of land to carry out work or to take an action, the council
may, by written notice served on the owner or occupier, require the
owner or occupier at his or her own expense to execute the work or
take the action (or cause the work to be executed or the action to
be taken) and do anything incidental to the work or action:
(a) in or with the materials;
(b) within the period;
(c) in the manner; and
(d) in the area,
specified in the notice.
(2) The council may require the work to be executed or action to be
taken by qualified or licensed persons only.
(3) The council may, when serving a notice under clause (1), indicate
that the council will, if requested, carry out the work or take the
action referred to in the notice at the expense of the person on
whom the notice is served.
(4) If the person on whom the notice is served requests the council to
carry out the work or take the action, the council may require the
person to pay to the council, or enter into a bond for payment to the
council of, the amount the council considers appropriate to provide
security against the costs it may incur as a result of executing the
work or taking the action.
Part 1 Preliminary
Division 2 Plan of numbering in municipality
Palmerston (Public Places) By-laws 2001 9
12 Where requirements not complied with
(1) The council may carry out work or take an action required to be
executed or taken under by-law 11 on default by the person
required to execute the work or take the action.
(2) If the council carries out work or takes an action under clause (1),
the cost to the council of carrying out the work or taking the action
is a debt due and payable by the person required to execute the
work or take the action.
Division 2 Plan of numbering in municipality
13 Plan of numbering
(1) The council may adopt a plan or system of numbering areas of
adjacent land and may, in accordance with the plan or system:
(a) affix a number on a building or a gate or fence on land
included in the plan or system that adjoins a road or road-
related area; or
(b) by notice in writing, require the owner or occupier of land
included in the plan or system that adjoins a road or road-
related area to affix, within the time specified in and otherwise
in accordance with the terms of the notice, a number on a
building or a gate or fence on the land.
(2) The council may, from time to time, alter the plan or system of
numbering referred to in clause (1) and may, in accordance with the
plan or system as altered:
(a) replace a number affixed under clause (1) with a new number;
or
(b) by notice in writing, require the owner or occupier of land
included in the plan or system as altered that adjoins a road or
road-related area to:
(i) replace a number affixed under clause (1) with a new
number; or
(ii) if a number was not affixed under clause (1) – affix,
within the time specified in and otherwise in accordance
with the terms of the notice, a number on a building, or a
gate or fence on the land.
Part 1 Preliminary
Division 3 Permits and other authorities
Palmerston (Public Places) By-laws 2001 10
(3) A person who has affixed a number to a building, gate or fence on
land under clause (1) and who is required to replace the number
under clause (2) may obtain the number free of charge from the
council.
(4) An owner or occupier of land on whom a notice is served under
clause (1)(b) or (2)(b) must comply with the notice.
Penalty: $3 000.
(5) If an owner or occupier of land fails within the time specified in a
notice under clause (1)(b) or (2)(b) to affix or replace a number, the
council may enter the land referred to in the notice and affix or
replace the required number, and the expense of so doing may be
recovered from the person on whom the notice was served as a
debt due and payable to the council.
Division 3 Permits and other authorities
14 Definition
In this Division:
permit includes any other authority required under these By-laws
other than registration as a borrower at a library under Part 11.
15 Application for permit
(1) A person may apply to the clerk for a permit required under these
By-laws.
(2) An application is to be:
(a) in accordance with the approved form;
(b) accompanied by the appropriate fee; and
(c) accompanied by any documents, specifications or particulars
that the council may require.
16 Grant of permit
(1) The council may grant, or refuse to grant, a permit.
(2) A permit remains in force for:
(a) the period of 12 months after the date of the grant of the
permit;
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Division 4 Regulatory
Palmerston (Public Places) By-laws 2001 11
(b) the period (which may be more or less than 12 months)
endorsed on the permit; or
(c) an indefinite period terminating on the occurrence of a future
event specified on the permit or in these By-laws.
(3) A permit is not transferable.
17 Conditions of permit
(1) A permit:
(a) is subject to the conditions imposed on the permit by these
By-laws or by the council by determination; and
(b) may be subject to other conditions that:
(i) the council determines are conditions that the clerk may
impose on a permit if the clerk considers they are
appropriate; and
(ii) the clerk considers are appropriate and endorses on the
permit.
(2) The Council may determine conditions (whether under clause (1)(a)
or (b)) that may lead to immediate revocation of the permit if they
are breached or not complied with.
(3) It is a condition of a permit that the person to whom the permit is
granted indemnifies the council from being enjoined in a legal
proceeding arising as a consequence of the carrying out of an
action authorised by the permit.
18 Activity for which permit required prohibited without permit;
compliance with conditions of permit
(1) A person must not, without a permit, carry out an activity for which a
permit is required.
(2) A person who is granted a permit must comply with and not
contravene the permit.
Division 4 Regulatory
19 Compliance with notice
A person on whom the council serves a notice under these By-laws
must comply with and not contravene a requirement specified in the
notice.
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Palmerston (Public Places) By-laws 2001 12
20 Obstruction of officers etc.
A person commits an offence if the person obstructs or hinders any
of the following persons in the proper execution of his or her work
or duty under these By-laws:
(a) an authorised person;
(b) an officer or employee of the council;
(c) a contractor or sub-contractor to the council;
(d) an employee of a contractor or sub-contractor to the council.
Penalty: $3 000 and, in addition, $100 for each day during
which the offence continues after the first day on
which the offence was committed.
21 False statement in documents
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.
Penalty: $3 000.
22 Power of arrest or removal
A person appointed by the council for the purpose, or, without
derogating from their general power, a member of the Police Force,
may arrest or remove a person offending or allegedly offending
against these By-laws.
23 Infringement notice and payment of sum in lieu of penalty
(1) As an alternative to prosecution, a person who is alleged to have
contravened or failed to comply with these By-laws may be served
with an infringement notice under which the person may pay to the
council a sum (fixed penalty) in lieu of the penalty by which the
infringement of the By-laws is otherwise punishable.
(2) For the purposes of this by-law:
(a) the fixed penalty payable under an infringement notice:
(i) in respect of a by-law specified in column 1 of
Schedule 2 – is the sum specified opposite in column 2
of that Schedule; and
(ii) in respect of any other by-law – is $100;
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Palmerston (Public Places) By-laws 2001 13
(b) an infringement notice is to be in a form, approved by the
council in accordance with clause (4), that includes:
(i) the information required by section 245(2) of the Act;
and
(ii) the statements required by clause (3);
(c) an infringement notice may be issued and served by an
authorised person;
(d) the fixed penalty specified in an infringement notice is to be
paid to the council; and
(e) the fixed penalty specified in an infringement notice is to be
paid not later than 14 days after the date on which the
infringement notice is served on the alleged offender.
(3) An infringement notice is to contain the following statements:
(a) a statement to the effect that:
(i) the alleged offender may expiate the offence and avoid
enforcement action under the Fines and Penalties
(Recovery) Act 2001 if he or she pays the fixed penalty
to the council within 14 days of service of the
infringement notice; and
(ii) if the alleged offender pays the fixed penalty within the
period specified in the infringement notice, the council
will take no further action in relation to the offence;
(b) a statement to the effect that if the alleged offender does not
pay the fixed penalty within the period specified in the
infringement notice and does not serve on the council a
statement of election to have the matter dealt with by a court
(as contained in the infringement notice), unless the
infringement notice is withdrawn:
(i) the Fines and Penalties (Recovery) Act 2001 will apply
and the alleged offender may be served with a courtesy
letter in accordance with that Act requiring payment of
the fixed penalty together with the costs in respect of the
issue of that letter; and
(ii) if the alleged offender does not make the payment as
required by a courtesy letter, enforcement action may be
taken against him or her under the Fines and Penalties
(Recovery) Act 2001 which, after due process, may
result in the suspension of the alleged offender's licence
Part 1 Preliminary
Division 4 Regulatory
Palmerston (Public Places) By-laws 2001 14
to drive, the seizure of property, the deduction of wages
or salary, the registration of a statutory charge on land, a
community work order or imprisonment if a community
work order is breached;
(c) a statement to the effect that the alleged offender 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 the Fines and Penalties (Recovery) Act by completing a
statement of election (as contained in the infringement notice)
and serving it on the council;
(d) a statement of election, for completion by the alleged offender
if he or she elects to have the matter dealt with by a court, that
includes the information required by regulation 7(1) of the
Fines and Penalties (Recovery) Regulations 2001;
(e) if the alleged offence is in relation to a motor vehicle – a
statement that includes information about the liability of the
owner of the motor vehicle to which the infringement relates,
as specified in by-law 9.
(4) For the purposes of clause (2)(b), the form of an infringement notice
is to be approved by the council at a meeting at which not less than
two-thirds of the members then in office are present, by resolution
carried by a majority of the members then in office.
23A Withdrawal of infringement notice
(1) An infringement notice served on an alleged offender may be
withdrawn at any time before a courtesy letter is served on that
person under the Fines and Penalties (Recovery) Act 2001, but
only if the council has not received payment of the fixed penalty
specified in the infringement notice.
(2) The withdrawal of an infringement notice is effected when an
authorised officer serves on the alleged offender a notice of
withdrawal stating:
(a) that the infringement notice is withdrawn; and
(b) that the fixed penalty specified in the infringement notice is no
longer payable to the council.
Part 2 Garbage services
Palmerston (Public Places) By-laws 2001 15
Part 2 Garbage services
24 Definitions
In this Division:
dump means a dump on land owned by, leased to or vested in the
council or a dump managed by the council.
exempt person means:
(a) an officer, employee or agent of the council acting within the
scope of his or her duties; or
(b) a contractor in the due performance of a contract for garbage
collection between the contractor and the council, or an
officer, employee or agent of the contractor.
garbage includes garbage that is for re-cycling.
regular garbage collection service includes providing an
approved receptacle, a regular collection of garbage and the
disposal of garbage.
25 Collection of garbage by council
(1) The council's regular garbage collection service is to be as
described, and conducted as specified, in a notice published from
time to time in a newspaper generally circulating in the municipality.
(2) The occupier of premises to which the notice applies must comply
with the notice.
26 Alternate regular garbage collection service
If the council does not provide or cause to be provided a regular
garbage collection service for particular premises, the occupier of
the premises must provide or cause to be provided an approved
alternative regular garbage collection service for the premises.
27 Provision and maintenance of garbage receptacles
(1) An approved garbage receptacle is to be:
(a) provided to the occupier of premises for use in connection with
the garbage collection service for the premises;
(b) fitted with handles and a close fitting lid or close fitting lids;
and
(c) made of material impervious to moisture and to vermin.
Part 2 Garbage services
Palmerston (Public Places) By-laws 2001 16
(2) An occupier of premises must, in relation to an approved garbage
receptacle used in connection with the premises:
(a) maintain the receptacle in good condition;
(b) not permit the receptacle to attract or to harbour or breed flies,
insects or vermin, to become unsightly or to cause an
offensive odour;
(c) not permit the receptacle to become or to cause a danger to
public health or to interfere with or to affect the comfort of
persons occupying or passing through or along neighbouring
premises;
(d) ensure that the receptacle's lid is kept closed (unless opening
the receptacle for the purpose of putting garbage in or
removing garbage from the receptacle or for cleaning);
(e) ensure that household garbage produced on the premises is
put into the receptacle until it is collected or otherwise lawfully
disposed of;
(f) cause wet garbage to be effectively wrapped before being
placed in the receptacle;
(g) cause the receptacle and other approved receptacles on the
premises containing garbage to be placed for collection on the
day, at the time and in the manner notified and at a collection
point specified by the council to enable the person collecting
the garbage to have access to the contents of the receptacles;
(h) cause the receptacle to be returned inside the premises or to
its allocated area as soon as practicable, but not later than
24 hours, after the contents have been collected by the
garbage collector;
(i) cause the receptacle to be cleansed thoroughly as required
but not less than once in every 4 weeks;
(j) not remove the receptacle from the premises except to place it
ready for emptying by the garbage collector;
(k) not use the receptacle otherwise than to contain household
garbage generated through normal domestic activity;
(l) despite paragraph (k), not place in the receptacle excess
quantities of heavy material (such as earth, concrete or brick),
waste liquids, chemicals, paint or hazardous substances; and
Part 2 Garbage services
Palmerston (Public Places) By-laws 2001 17
(m) keep the receptacle on the premises or an allocated area
related to the premises.
28 Interference with garbage receptacles
(1) A person other than:
(a) the occupier of the premises for which an approved garbage
receptacle is provided; or
(b) an exempt person,
must not, without reasonable cause, touch, use, remove, mark or
otherwise interfere with an approved garbage receptacle.
Penalty: $3 000.
(2) A person who damages or causes an approved garbage receptacle
or a garbage receptacle owned by or under the control of the
council to be damaged commits an offence.
Penalty: $3 000.
(3) An offence against clause (2) is a regulatory offence.
(4) A person who is found guilty of an offence against clause (2) is
liable to the council for the costs of the repair to or replacement of
the receptacle.
29 Council may establish dumps
(1) The council may establish dumps for the deposit of garbage on land
owned by, leased to, vested in or under the care, control or
management of the council.
(2) The council may make arrangements and enter into contracts with
the owner or occupier of private land to establish a dump for the
deposit of garbage on that land.
(3) If a dump is established under clause (1) or (2), the council must
cause a notice to be published in a newspaper generally circulating
in the municipality and the notice is, in addition to the fact of the
establishment of the dump, to specify:
(a) its location;
(b) the hours during which and the days on which the dump is
open for the deposit of garbage;
(c) the classes of garbage that may be deposited on the dump;
Part 2 Garbage services
Palmerston (Public Places) By-laws 2001 18
(d) the conditions on which the various classes of garbage may
be deposited on the dump; and
(e) any other conditions the council considers appropriate.
(4) The council may:
(a) require a person to apply for and obtain a permit to use a
dump; and
(b) determine a fee for dumping garbage on a dump.
30 Offences at dumps
(1) A person who:
(a) deposits garbage at a dump other than during the hours and
on the days specified by the council;
(b) deposits garbage at a dump unless it is of a class or classes
of garbage specified by the council under by-law 29(3);
(c) unless doing so as an exempt person – enters or remains on a
dump for a purpose other than depositing garbage;
(d) loiters on or at a dump;
(e) causes, allows or permits a child who is under his or her care,
custody or control to enter or remain on a dump unless the
person is supervising the child;
(f) removes garbage from a dump without the council's written
consent; or
(g) fails to comply with any directions given at the dump relating
to the place or manner garbage is to be deposited,
commits an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
Part 3 Litter etc. on land
Palmerston (Public Places) By-laws 2001 19
Part 3 Litter etc. on land
31 Depositing etc. litter
(1) A person must not deposit or keep litter on land or allow litter to
remain on land.
Penalty: $3 000.
(2) Clause (1) does not apply:
(a) if the litter is the kind of litter that is likely to attract vermin to
the land, or to form a harbourage for vermin, and is deposited
into or kept in a receptacle that is vermin-proof; or
(b) in any other case – if the litter is or has been deposited into
and is kept in a receptacle that is appropriate for keeping that
kind of litter.
32 Land to be cleared
(1) If, in the opinion of the council, there is on land or:
(a) plants, grass or weeds:
(i) that are, or are likely to become, injurious, flammable or
noxious; or
(ii) that have become unkempt; or
(b) litter,
the council may serve a notice under by-law 11 on:
(c) the occupier of the land; or
(d) if the council is unable to ascertain the identity of the
occupier – the owner of the land,
requiring the land to be cleared or tidied, litter to be placed in a
vermin-proof receptacle of a kind specified or any other action set
out in the notice to be taken.
(2) The period within which the work must be carried out under
clause (1) is to be specified in the notice, being a period of not less
than 2 days and not more than 21 days after the date of service of
the notice.
Part 3 Litter etc. on land
Palmerston (Public Places) By-laws 2001 20
(3) An owner or occupier of land who is served with a notice referred to
in clause (1) must comply with the notice.
Penalty: $3 000.
33 Breaking and leaving matter that is likely to cause injury on a
public place
(1) A person who, in a public place, breaks or causes to break and
leaves (other than in a litter receptacle) any glass or other material
the pieces of which are likely to cause injury commits an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
34 Deposit of offensive matter etc. on a public place
(1) A person must not place or cause to be placed household or
commercial or industrial waste, refuse or garbage in a litter
receptacle provided by the council in a public place.
(2) A person must not:
(a) deposit, or permit the deposit of, waste food, peelings, fruit or
other vegetable matter; or
(b) deposit, or permit the deposit of, garbage or other refuse,
on a public place or other land under the care, control or
management of the council, except if it is placed in a litter
receptacle provided by the council on the public place or other land.
(3) A person must not throw, deposit or discharge an offensive or
unwholesome matter or fluid or any matter that is likely to cause
injury on a public place.
(4) A person must not, without a permit, use, deposit or discharge, or
cause to be used, deposited or discharged, water or other matter,
whether liquid or solid, in a place where it is likely to flow or
discharge or encroach on or into a public place or a side entry pit to
a drain in a public place.
(5) A person who contravenes or fails to comply with this by-law
commits an offence.
Penalty: $3 000.
(6) An offence against this by-law is a regulatory offence.
Part 4 Works on public places
Palmerston (Public Places) By-laws 2001 21
Part 4 Works on public places
35 Definitions
In this Part, unless the contrary intention appears:
public place means a public place that is under the care, control or
management of the council.
works includes:
(a) digging or excavating on, through or under a public place or
on land abutting a public place where the digging or
excavating encroaches, will encroach or is likely to encroach
(including if the digging or excavation or a wall of the digging
or excavation were to collapse) on the public place or the
excavated material encroaches, will encroach or is likely to
encroach on the public place;
(b) removing turf, sand, clay, soil or other material from or from
beneath a public place;
(c) erecting, building, planting, placing or maintaining any matter,
thing, plant, pipe, cable, conduit or structure, whether of a
temporary or a permanent nature and whether it causes an
obstruction, on or over a public place or permitting any matter,
thing, plant, pipe, cable, conduit or structure to encroach on or
over a public place; and
(d) installing, connecting, replacing or repairing underground
services.
36 General requirement for permit to carry out works on public
place
(1) A person must not carry out works on a public place, or engage
another person to carry out works on a public place for and on
behalf of the person, unless the person has been granted a permit
to do so.
Penalty: $3 000.
(2) A person must carry out works on a public place in accordance with
a permit that authorises the public works.
Penalty: $3 000.
Part 4 Works on public places
Palmerston (Public Places) By-laws 2001 22
(3) Subject to any determination of the council to the contrary,
clause (1) and (2) do not apply to the owner or occupier of adjacent
land who:
(a) lays, places or erects an irrigation system in or on the nature
strip adjoining the land, unless the irrigation system or any
part of the irrigation system is laid or placed more than
1500 mm deep in the ground; or
(b) plants and maintains grass on the nature strip.
37 Information to accompany application for permit
In addition to the general requirements specified in by-law 15, an
application for a permit to carry out works on a public place is to:
(a) specify the works;
(b) specify the purpose of the works;
(c) be accompanied by plans and specifications detailing the
construction of the works; and
(d) if the construction of the works will obstruct or interfere with
the use of a footpath, road or road related area by a vehicle or
pedestrian – a plan for the management of vehicular and
pedestrian traffic.
38 Construction or removal of access-way, kerb or storm-water
drain
(1) A person must not, without a permit, construct or remove an
access-way or remove a kerb or storm-water drain.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
39 Inspection of works on public place
(1) If a permit has been granted authorising works on a public place, an
authorised person or an officer or employee of the council may, in
accordance with the conditions of the permit, inspect works being
carried out on the public place to ascertain whether the works
comply with the permit.
(2) If an authorised person or an officer or employee of the council
believes on reasonable grounds that works that are not authorised
by a permit are being or have been carried out on a public place
(whether because a permit was not granted authorising the works
Part 5 Control of nuisance or damage on or to public places
Palmerston (Public Places) By-laws 2001 23
or a permit has been granted in respect of the works but the works
do not comply with the permit), the authorised person, officer or
employee may at any time inspect the works.
(3) If an authorised person or an officer or employee who makes an
inspection under clause (1) or (2) is, after completing the
inspection, satisfied that the works are not authorised by a permit,
do not comply with a permit issued in respect of them or are for any
other reason unsatisfactory, the council may, under by-law 11,
serve on the person carrying out the works or, if a permit has been
issued in respect of the works to another person, on that person a
notice requiring the person:
(a) if the works are authorised by a permit but do not comply with
the permit – to carry out or cause to be carried out work the
council considers appropriate to ensure that the works comply
with the permit;
(b) if the works are not authorised by a permit – to satisfactorily
complete the works in accordance with the notice; or
(c) to remove the works (whether works that are authorised by a
permit but do not comply with the permit or works that are not
authorised by a permit) and reinstate the area of the public
place concerned.
(4) A person who is served with a notice referred to in clause (3) must
comply with the notice.
Penalty: $3 000.
Part 5 Control of nuisance or damage on or to public
places
40 Persons causing nuisance on public places
A person must not:
(a) create a noise that persistently occurs or continues to a
degree or extent that it is disturbing to a person on a public
place;
(b) burn or heat any material or thing or substance that gives off
an odour or smoke in a quantity that is offensive to a person
on a public place;
(c) keep on land occupied by the person an animal or thing that
makes a noise or gives off an odour to a degree or extent or in
a quantity that is offensive to a person on a public place;
Part 5 Control of nuisance or damage on or to public places
Palmerston (Public Places) By-laws 2001 24
(d) create or discharge dust, vapour, fumes, smoke, odour or
other waste products in a quantity that is offensive to a person
on a public place; or
(e) cause or permit water, soil, sand or other material to escape
from land and encroach on to a public place in a quantity that
causes a nuisance on the public place.
Penalty: $3 000.
41 Council may require land to be enclosed
(1) If land adjoining a road, road-related area or other public place is
not enclosed in a manner that prevents sand, soil or other material
from being carried on to the road, road-related area or public place,
the council may, by notice served under by-law 11, require the
owner or occupier of the land to cause the land to be enclosed.
(2) A person who is served a notice referred to in clause (1) must
comply with the notice.
Penalty: $3 000.
42 Control of barbed wire fences
The owner or occupier of land must not, without a permit, erect or
maintain on the boundary of the land or within 0.66 m of a road,
road-related area or land owned by, leased to, vested in or under
the care, control or management of the council a fence having a
component of barbed wire, or material of a similar type, at a height
lower than 2.33 m from the ground on which the fence is erected.
Penalty: $3 000.
43 Work etc. on roads etc.
(1) A person who causes:
(a) any material or structure to be deposited or laid on a road or
road-related area; or
(b) work to be carried out entailing the opening or breaking up of
the surface of a road or road-related area,
whether or not authorised by the council, must, at the person's
expense, cause:
(c) lights of a type and colour and in a number that the council
considers sufficient to be placed and retained near the
material, structure or work;
Part 5 Control of nuisance or damage on or to public places
Palmerston (Public Places) By-laws 2001 25
(d) the lights referred to in paragraph (c) to be illuminated from
sunset to sunrise;
(e) the materials, structure or work to be fenced and enclosed to
prevent damage or injury or inconvenience to other persons;
and
(f) any other sign, barrier or traffic control or warning device that
the council requires to be placed in the number and position
as the council considers sufficient for the purpose of providing
adequate warning of the materials, structure or work,
until the material or structure is removed or the road or road-related
area is restored.
(2) A person who contravenes or fails to comply with clause (1)
commits an offence.
Penalty: $3 000.
(3) An offence against this by-law is a regulatory offence.
44 Use of access-ways
(1) A person must not, without a permit, drive or propel a motor vehicle
over or across a footpath or naturestrip other than at an access-
way.
Penalty: $3 000.
(2) Clause (1) does not apply to a person riding a bicycle or tricycle on,
along or across a footpath that the council determines to be a
bicycle path.
(3) A person must not:
(a) park a vehicle on; or
(b) place an obstruction on, or cause an obstruction to,
an access-way, footpath or nature strip.
Penalty: $3 000.
(4) Clause (3) does not apply to a person requiring to gain access to
land who ensures that the vehicle or obstruction remains on the
access-way to the land for the least time necessary to obtain
access.
(5) An offence against clause (1) or (3) is a regulatory offence.
Part 6 Control of vehicles and traffic
Palmerston (Public Places) By-laws 2001 26
45 Heavy loads prohibited on access-way, kerb etc.
(1) The council may determine the maximum weight of a load to be
carried over an access-way, culvert, kerb, causeway or bridge and,
if it does, must notify the determination by a sign conspicuously
erected or posted at or near each approach to the access-way,
culvert, kerb, causeway or bridge.
(2) A person who, without a permit, stands, drives or propels a vehicle
that is:
(a) so heavy or of such nature that it is likely to cause damage to
the paving of the access-way or to a culvert, kerb, causeway,
bridge, road or road-related area; or
(b) of a weight greater than the weight determined under
clause (1),
on or across an access-way, culvert, kerb, causeway, bridge, road
or road-related area commits an offence.
Penalty: $3 000.
Part 6 Control of vehicles and traffic
46 Driving etc. in public place on roads and road-related areas
only
(1) Except in the course of an emergency, a person must not stop, park
or drive a vehicle on a public place unless he or she does so on a
road or road-related area or in a parking area.
Penalty: $3 000.
(2) Clause (1) does not apply to:
(a) a person who in a public place stops, parks or drives a vehicle
other than on a road or road-related area or in a parking area
with the consent of the owner or occupier or person who has
control of the place;
(b) a person who is riding a bicycle or tricycle on a footpath that is
not determined to be a bicycle restriction area under
by-law 47; or
(c) a person driving a service vehicle.
Part 7 Trees etc.
Palmerston (Public Places) By-laws 2001 27
(3) In this by-law:
road-related area includes the shoulder of a road.
service vehicle means a vehicle under the control of an officer of,
and being used in relation to a function of:
(a) the council; or
(b) an Agency whose responsibilities include highways, the
construction and maintenance of government works, or
planning and urban development; or
(c) the Power and Water Corporation; or
(d) a body providing telecommunications services within Australia.
47 Bicycle restriction areas
A person who rides a bicycle or tricycle on a footpath that the
council determines to be a bicycle restriction area, and indicates is
a bicycle restriction area by displaying "No Bicycles" signs in
accordance with regulation 85 of the Traffic Regulations 1999,
commits an offence.
Penalty: $3 000.
48 Council may provide off-street parking
The council may provide for off-street parking of vehicles within the
municipality.
Part 7 Trees etc.
49 Damage to trees, plants etc.
(1) A person must not, without a permit:
(a) interfere with or damage a tree, plant, garden or grassed area
or cause anything to be done so that it may become damaged
or destroyed;
(b) cut, break, remove or disturb a tree, shrub, stem, branch or
root of a living tree, shrub or plant; or
(c) plant a tree, shrub or plant,
in a public place.
Penalty: $3 000.
Part 7 Trees etc.
Palmerston (Public Places) By-laws 2001 28
(2) Clause (1) does not prevent the owner or occupier of land that
abuts a footpath or naturestrip from pruning or otherwise
maintaining a tree, shrub or plant or maintaining or mowing grass
planted on the footpath or naturestrip unless the council directs
otherwise.
(3) A person must not, without a permit, pick, pluck or take a bud,
flower or other part of a tree, shrub or plant in a public place.
Penalty: $3 000.
(4) A person must not, in a public place:
(a) drive, tow or propel a motor vehicle or other vehicle; or
(b) ride, drive or lead an animal,
in a manner that causes or permits it to cause damage to a tree,
shrub, plant, garden or an area of grass in the public place, or to
council property situated on or affixed to the public place.
Penalty: $3 000.
(5) An offence against this by-law is a regulatory offence.
50 Permit to plant etc. trees etc.
In addition to the general requirements specified in by-law 15, an
application for a permit to plant, cut, break, remove or disturb a
tree, shrub or plant referred to in by-law 49(1) is to indicate the
position:
(a) where the applicant intends to plant the tree, shrub or plant; or
(b) where and how the applicant intends to cut, break, remove or
disturb the tree, shrub or plant or part of it,
as the case may require.
51 Overhanging trees and shrubs
(1) The council may, if it considers that a tree, shrub or plant growing
on land is causing inconvenience or an obstruction to persons using
a road, road-related area or footpath or is causing or likely to cause
damage to an adjacent public place, serve a notice under by-law 11
on the owner or occupier of the land to trim or remove the tree,
shrub, or plant.
Part 8 Malls and other public places
Palmerston (Public Places) By-laws 2001 29
(2) An owner or occupier who is served with a notice referred to in
clause (1) must comply with the notice.
Penalty: $3 000.
Part 8 Malls and other public places
52 Bicycles, skates etc. may be prohibited in malls and other
public places
(1) The council may determine that the riding or driving of bicycles,
tricycles, scooters, pedal powered vehicles, small motorised
vehicles, roller skates or blades, skateboards is prohibited or
restricted in a mall or other public place and, if it does, must notify
the determination by signs conspicuously erected or posted in and
otherwise in association with the mall or public place.
(2) A person must not contravene the determination of the council
under clause (1) as inscribed on a sign erected or posted under that
clause.
Penalty: $3 000.
53 Control of certain activities in malls and other public places
(1) A person must not, without a permit, in a public place:
(a) perform or offer entertainment;
(b) make a painting or drawing or take a photograph or film of a
person or thing for commercial purposes; or
(c) address persons assembled there.
(2) A person must not, without a permit, erect or install in a public place
a post, rail, fence, pole, tent, booth, stand, display, exhibition,
decoration or structure or any furniture, whether permanent or
temporary.
(3) A person must not, without a permit, discharge, or dispose of into or
in a mall or other public place moisture from an air conditioner, or
fumes, smoke, vapour, dust or other waste products, in such a way
as to cause damage or annoyance to another person.
(4) A person must not, without a permit, remove or displace from or in
a public place a barrier, railing, post, seat or any structure or
erection.
Part 8 Malls and other public places
Palmerston (Public Places) By-laws 2001 30
(5) A person must not, in a mall:
(a) remove or disturb a part of the soil of a flowerbed or around or
under a tree or plant;
(b) walk, stand, sit or lie upon a part of a flowerbed; or
(c) remove, cut or damage a flower, plant or tree.
(6) A person conducting a business to which access is from a mall
must not, for the disposal of trade or commercial waste or
packaging or rubbish, use public refuse bins placed by the council
in the mall.
(7) A person must not, without a permit, enter, remain on or walk on
any roof, covering or canopy erected over a mall.
(8) A person must not, without a permit, bring an animal into a mall.
(9) Clause (8) does not apply to a person who is accompanied by a
dog trained or being trained by a guide dog training institution
approved by the council and is being or will be used as a guide by a
person who is wholly or partially blind or deaf.
(10) A person who fails to comply with or contravenes this by-law
commits an offence.
Penalty: $3 000.
(11) This by-law does not apply to an agent or officer or employee of the
council acting in accordance with his or her duties.
54 Control of vehicular traffic etc. in malls
(1) A person must not drive a vehicle or cause a vehicle to stand in a
mall unless it is:
(a) an emergency vehicle;
(b) a service vehicle; or
(c) a vehicle in the mall in accordance with a permit.
(2) A person must not drive a vehicle, other than an emergency
vehicle, in a mall at a speed in excess of 5 km/h.
(3) A person who fails to comply with or contravenes clause (1) or
clause (2) commits an offence.
Penalty: $3 000.
Part 9 Public swimming pools etc.
Palmerston (Public Places) By-laws 2001 31
(4) An offence against clause (1) or (2) is a regulatory offence.
(5) If, contrary to a by-law, there is in a mall a vehicle or thing the
driving, use, presence or standing of which is prohibited or
regulated, a member of the Police Force, an authorised person or
officer or employee of the council may remove the vehicle or thing
to a place either within or outside the mall.
(6) A person acting under clause (5) is not liable for any damage
caused to a vehicle or thing removed under that clause.
(7) This by-law does not apply to the bona fide use of a wheel chair or
perambulator.
(8) In this by-law:
emergency vehicle means a vehicle under the control of:
(a) a member of the Police Force;
(b) an employee of a fire brigade;
(c) an officer of an ambulance service; or
(d) a person authorised by an officer of the Northern Territory Fire
and Rescue Service, established by section 5 of the Fire and
Emergency Act 1996,
who is acting in accordance with his or her duties.
service vehicle means a vehicle that is under the control of an
officer or employee of the Power and Water Authority, a corporation
providing telecommunication services, the Department of Transport
and Works or the council and is being used in relation to a function
of those bodies.
Part 9 Public swimming pools etc.
55 Application of Part and definition
(1) Unless the contrary intention appears, this Part applies to all:
(a) public swimming pools; and
(b) other public places in the municipality where there are waters
where members of the public may frequent to swim or bathe.
(2) By-law 56(1) does not apply to a free area within the meaning of the
Nudity Act 1975.
Part 9 Public swimming pools etc.
Palmerston (Public Places) By-laws 2001 32
(3) In this Part:
bathing place means a public place in the municipality, other than
a public swimming pool, where there are waters where members of
the public may frequent to swim or bathe.
56 Dress and conduct at swimming pools and bathing places
(1) A person in or near a swimming pool or bathing place must be
dressed in a manner that is appropriate and adequate.
(2) A male person over the age of 5 years must not enter a dressing
room, toilet or shower set aside for females, and a female over the
age of 5 years must not enter a dressing room, toilet or shower set
aside for males.
(3) A person under the influence of intoxicating liquor or drugs must not
enter a public swimming pool or be in or near a bathing place.
(5) A person who is suffering, or appears to an authorised person to be
suffering, from an infectious, contagious or offensive skin disease
or skin complaint must not enter or use a public swimming pool or
waters in a bathing place.
(6) A person must not commit a nuisance of any kind within a public
swimming pool or bathing place.
(7) A person must not wilfully:
(a) foul or pollute the water of; or
(b) foul or pollute a dressing room, toilet or shower in,
a public swimming pool or bathing place.
(8) A person must not play a game or do any act that is dangerous, is
likely to interfere with the safety or comfort of the general public or
is likely to damage the property of or injure, endanger, obstruct,
inconvenience or annoy a person in a public swimming pool or
bathing place.
(9) If an authorised person is of the opinion that a person in or near a
public swimming pool or bathing place is contravening this by-law,
the authorised person may direct the person to:
(a) if, in the opinion of the authorised person, the person is under
the influence of intoxicating liquor or drugs – leave the public
swimming pool or bathing place; or
Part 10 General controls
Palmerston (Public Places) By-laws 2001 33
(b) in any other case:
(i) do an act so that the person will be complying with this
by-law or cease doing the act that does not comply with
this by-law; or
(ii) leave the public swimming pool or bathing place,
as the authorised person considers appropriate.
(10) A person who contravenes or fails to comply with a direction given
to the person by an authorised person under clause (9) commits an
offence.
(11) A person who, without lawful authority, tampers with or alters any
setting of or makes any adjustment to any structure, equipment or
facility in a public place commits an offence.
Penalty: $3 000.
(12) An offence against clause (11) is a regulatory offence.
57 Removal of unsupervised children from swimming pools and
bathing places
An authorised person may exclude from a public swimming pool or
bathing place a child who is not accompanied by and in the control
of a person who is at least 16 years of age and apparently capable
of caring for the child.
Part 10 General controls
58 Handbills
(1) A person commits an offence if the person:
(a) gives out or distributes a handbill; or
(b) affixes or causes to be affixed a handbill to a power pole,
signpost or fixture in a street or any other structure,
in or on a public place unless the person does so in accordance
with a permit authorising the giving out, distributing or affixing of the
handbill.
Penalty: $3 000.
Part 10 General controls
Palmerston (Public Places) By-laws 2001 34
(2) A person commits an offence if the person affixes or causes to be
affixed a handbill to or against a structure on land adjoining a public
place unless the person:
(a) does so in accordance with a permit authorising the affixing of
the handbill; and
(b) has the consent of the owner or occupier of the land to do so.
Penalty: $3 000.
(3) It is a condition of a permit to affix a handbill that the person to
whom the permit is granted is to:
(a) ensure that the handbill is preserved in a clean and tidy
condition;
(b) remove the handbill if it becomes worn, torn or detached; and
(c) remove from a public place any litter caused by the affixing,
tearing, detachment or discarding of the handbill.
(4) If an authorised person is of the opinion that a handbill that is
affixed to a structure in, on or adjoining a public place is dirty,
untidy, worn, torn or detached, the authorised person may, whether
or not a permit has been granted or the consent of the owner or
occupier of the land obtained in relation to affixing the handbill,
serve a notice under by-law 11 on:
(a) the owner or occupier of the building where the handbill is
posted; or
(b) the person responsible for authorising the production of the
handbill,
requiring remedial action or the removal of the handbill.
(5) A person who is served with a notice referred to in clause (4) must
comply with the notice.
59 Lighting fires
(1) A person must not, unless authorised to do so under a permit
granted under the Fire and Emergency Act 1996, light or maintain a
fire in a public place under the care, control or management of the
council other than in a designated fire place.
(2) If an authorised person is of the opinion that a person is
contravening clause (1), the authorised person may direct the
person to put out the fire.
Part 10 General controls
Palmerston (Public Places) By-laws 2001 35
60 Throwing stones etc.
(1) A person who, into, from or in a public place:
(a) throws or discharges a stone or other object; or
(b) uses a catapult,
and by doing so:
(c) causes damage to a building or property;
(d) hits or frightens a person or animal; or
(e) creates a reasonable apprehension in another person that he
or she might hit or frighten a person,
commits an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
61 Writing, defacing etc.
(1) A person who, without a permit, writes on, defaces or marks a
power pole, sign, post, fixture, wall or pavement in a public place
with writing or pictorial representation commits an offence.
Penalty: $3 000.
(2) An offence against this by-law is a regulatory offence.
62 Goods in public place
(1) A person who, without a permit, stacks or stores goods or displays
or exposes them, or permits their stacking, storing or exposing
(whether or not for sale) in, on or over a public place, or outside any
premises adjoining a public place, commits an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
(3) In clause (1):
goods includes merchandise, building and construction materials,
pallets, machinery, vehicles, boats and vessels and vehicle, boat
and vessel parts.
Part 10 General controls
Palmerston (Public Places) By-laws 2001 36
63 Washing or repairing vehicles etc. in public place
(1) Subject to clause (2), a person must not:
(a) wash a vehicle, boat or motor boat; or
(b) carry out repairs or maintenance work on any of them,
on, along, in or across a public place.
Penalty: $3 000.
(2) Clause (1)(b) does not apply:
(a) where the public place has been set aside by the council for
the purpose of carrying out repairs or maintenance work and a
notice to that effect has been conspicuously erected or posted
nearby; or
(b) to carrying out a repair for the purpose of immediately
removing the motor vehicle, vehicle, boat or motor boat from a
public place.
64 Musical instruments etc.
A person must not, without a permit, on a public place or other land
under the care, control or management of the council:
(a) use a musical instrument; or
(b) for the purpose of announcing an auction, public performance,
sale, meeting or similar gathering, ring a bell or use a musical
instrument or any means of amplification or public address.
Penalty: $3 000.
65 Camping or sleeping in public place
(1) A person who:
(a) camps;
(b) parks a motor vehicle, erects a tent or other shelter or places
gear or equipment for the purpose of camping or sleeping; or
(c) being an adult, sleeps at anytime between sunset and sunrise,
in a public place other than:
(d) in a caravan park or camping area where the person is
permitted to park or camp on the payment of money; or
Part 10 General controls
Palmerston (Public Places) By-laws 2001 37
(e) in accordance with a permit,
commits an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
(3) An authorised person may direct a person who is contravening or
has contravened clause (1) to do one or both of the following:
(a) leave the public place; or
(b) remove any motor vehicle, tent, shelter, gear or equipment
under the person's control to a place specified by the
authorised person.
(4) A person who is given a direction under clause (3) must comply
with the direction without delay.
(5) A person who fails to comply with clause (4) commits an offence.
Penalty: $3 000.
66 Person must not obstruct etc. another person using public
amenity
A person who, whether alone or together with others, obstructs or,
by his, her or their presence, intimidates another person from using
a public shelter, ablution facility, water supply, barbecue or fireplace
commits an offence.
Penalty: $3 000.
67 Shopping trolleys
(1) A person who leaves a shopping trolley in a public place commits
an offence.
Penalty: $3 000.
(2) An offence against clause (1) is a regulatory offence.
(3) An authorised person may remove and impound a shopping trolley
left unattended in a public place and is, within 7 days after the
removal and impoundment, to:
(a) serve on the owner a notice in writing of the impoundment and
place of impoundment; or
Part 10 General controls
Palmerston (Public Places) By-laws 2001 38
(b) if the owner cannot be found or the owner's name cannot be
ascertained – certify to the clerk the reason for failure to serve
a notice referred to in paragraph (a).
(4) A certificate under clause (3)(b) is evidence of the matters set out in
it.
(5) After the expiration of 28 days after the impoundment, the clerk is to
cause notice of the impoundment to be published in a newspaper
generally circulating in the municipality and, if the owner of the
trolley does not respond within 7 days after that publication of the
notice, is to publish the notice a second time.
(6) If the owner of the trolley has not, within 28 days after service of a
notice under clause (3)(a) or the later of the publications under
clause (4), paid to the council all expenses relating to the removal,
custody and reasonable maintenance of the trolley, the council may
advertise for sale and sell the trolley or, if it is not convenient to sell
the trolley, dispose of it.
(7) Any proceeds of the sale of a shopping trolley are to be applied in
payment of:
(a) costs incurred by the council in the sale; and
(b) costs of removal, custody and reasonable maintenance before
the sale of the shopping trolley,
and the balance, if any, is to be paid to the person who was the
owner of the shopping trolley at the time of the removal and
impoundment.
(8) If, after the expiry of 6 months after the date of the sale of a
shopping trolley sold under clause (6), proceeds from the sale of
the shopping trolley remain unclaimed by the owner or by a person
acting on behalf of the owner, the money is to be paid into the
council's general fund.
68 Removal of persons from reserve or mall
(1) An authorised person may remove, or cause to be removed, a
person who contravenes these By-laws in a reserve or mall from
the reserve or mall.
(2) If an authorised person has removed a person under clause (1), the
council may, by notice in writing served on the person, refuse him
or her entry to the reserve or mall for the period not exceeding
6 months specified in the notice.
Part 10 General controls
Palmerston (Public Places) By-laws 2001 39
(3) A person on whom a notice under clause (2) has been served who
enters the reserve or mall during the period specified in the notice
commits an offence.
Penalty: $3 000.
69 General offences
(1) A person must not in waters in a reserve:
(a) drive, propel, sail or tow a boat or motor boat;
(b) fish; or
(c) swim or bath,
unless doing so:
(d) in waters designated by signs erected or posted by the council
as waters where a person may drive, propel, sail or tow a boat
or motor boat, fish or swim; and
(e) in accordance with any directions on those signs.
Penalty: $3 000.
(2) A person must not, without a permit, wilfully injure or kill an animal
or bird, or act in a manner intended or reasonably likely to result in
injury or death to an animal or bird, in a public place.
Penalty: $3 000.
(3) A person must not, without a permit, graze or allow an animal that
the person owns or is responsible for to graze on a public place.
Penalty: $3 000.
(4) A person who urinates or defecates in a public place, except in
toilets provided for the purpose, commits an offence.
Penalty: $3 000.
(5) An offence against clause (4) is a regulatory offence.
(6) A person who spits or emits a nasal discharge in a public place
commits an offence
Penalty: $3 000.
Part 11 Public libraries
Division 2 Library hours
Palmerston (Public Places) By-laws 2001 40
(7) A person must not cause damage to council property situated on or
affixed to a public place.
Penalty: $3 000.
(8) A person must not injure, endanger, obstruct, interfere with,
inconvenience or annoy another person on a public place under the
care, control or management of the council.
Penalty: $3 000.
Part 11 Public libraries
Division 1 Preliminary
70 Definitions
In this Part, unless the contrary intention appears:
book or material includes a periodical, newspaper, pamphlet,
music score, picture, print, photograph, microfilm, map, chart, plan,
manuscript, film, slide, sound recording, video recording or any
other article forming part of the library collection whether or not the
property of the council or the Territory.
borrower's card means a borrower's card issued under by-law 77.
librarian, in respect of a library, means the person appointed by the
council to be in charge of the library and includes an officer or
employee of the council acting for or under the direction of the
librarian.
library means a public library in the municipality administered by
the council and includes all premises forming part of or used by the
library.
patron means a person, organisation or institution who uses or
intends to use a service provided by a library.
registered borrower means a patron who is registered under
by-law 73 or 74 as a patron who may borrow a book or material
under this Part.
Division 2 Library hours
71 Library hours determined by council
A library is to be open on the days and during the hours that the
council by resolution determines.
Part 11 Public libraries
Division 3 Registration of borrowers
Palmerston (Public Places) By-laws 2001 41
72 Notification of library hours
A notice setting out the days and times a library is open is to be
clearly exhibited and kept exhibited by the librarian in a
conspicuous place in or about the library.
Division 3 Registration of borrowers
73 Registration of permanent residents and persons working etc.
in the municipality as borrowers
The librarian may:
(a) on the application by a patron to the librarian; and
(b) on the production to the librarian of evidence by the patron
that the patron resides in the municipality, is attending an
educational institution in the municipality or conducts business
on premises in the municipality,
register the patron as a patron who may borrow a book or material
under this Part.
74 Registration of other persons as borrowers
(1) If a person who is a patron of a public library that is outside the
municipality (but in the Territory) who is entitled to borrow books or
materials from that library:
(a) applies to the librarian for registration as a borrower; and
(b) produces to the librarian the patron's borrower's card
(however described) from the other library,
the librarian may register the person as a patron who may borrow a
book or material under this Part.
(2) If a person who is not entitled to be registered as a borrower under
by-law 73 or clause (1):
(a) applies to the librarian for registration as a borrower; and
(b) produces to the librarian evidence that satisfies the librarian
that the person is suitable for registration as a patron who may
borrow a book or material under this Part,
the librarian may register the person as a patron who may borrow a
book or material under this Part.
Part 11 Public libraries
Division 4 Borrowers' cards
Palmerston (Public Places) By-laws 2001 42
75 Guarantors of registered borrowers who are less than 18
(1) If an application is made under this Division for registration as a
patron who may borrow a book or material under this Part by a
person who is less than 18 years of age, the librarian may require
that a parent of the applicant or another person who is more than
18 years of age sign the application as guarantor of the applicant.
(2) If the application is signed by a parent or other person as guarantor,
the parent or person guarantees that he or she will, until the
applicant is 18 years of age, pay:
(a) all fees payable under this Part by the applicant; and
(b) all demands made to the applicant under by-law 89 to pay the
costs of replacing or repairing books or materials borrowed by
the applicant that are lost, damaged or not returned.
76 Effect of registration
Subject to this Part and any terms and conditions determined by the
librarian, a registered borrower may borrow, free of charge, a book
or material designated by the librarian as a book or material that is
available for lending for use away from a library.
Division 4 Borrowers' cards
77 Issue of borrowers' cards
(1) The librarian must issue a borrower's card to each registered
borrower.
(2) A borrower's card remains in force for:
(a) a period of 2 years after the date of issue; or
(b) any other period determined by the librarian and endorsed on
the card,
unless sooner cancelled or suspended.
(3) A borrower's card is not transferable.
78 Renewal of borrowers' cards
(1) A registered borrower whose borrower's card expires must apply to
the librarian for a new borrower's card.
(2) Subject to clause (3), the librarian may issue a new borrower's card
to the registered borrower.
Part 11 Public libraries
Division 4 Borrowers' cards
Palmerston (Public Places) By-laws 2001 43
(3) The librarian must not issue a new borrower's card under this
by-law to the registered borrower unless the borrower has returned
all overdue books and materials loaned by the library to the
borrower and has paid all outstanding fees and costs incurred by
the borrower under this Part.
79 Loss or destruction of borrowers' cards
(1) A registered borrower whose borrower's card is lost or destroyed
must notify a librarian of the loss or destruction as soon as
reasonably possible after becoming aware of its loss or destruction.
(2) Subject to clause (3), if a registered borrower satisfies a librarian
that his or her borrower's card has been lost or destroyed, the
librarian may, on payment of the relevant fee (if any), issue to the
borrower a new borrower's card.
(3) The librarian must not issue a borrower's card under this by-law to a
registered borrower unless the borrower has returned all books and
materials that the borrower has on loan and the borrower has paid
all outstanding fees and costs he or she has incurred under this
Part.
(4) If a card is lost, the registered borrower in whose name the card is
issued is, until the librarian is notified of its loss under clause (1),
liable under this Part for loss of, or damage to, books or materials
borrowed by another person using the card after it was lost.
80 Cancellation, suspension and amendment of borrowers' cards
(1) A librarian may:
(a) cancel; or
(b) suspend for the period the librarian considers appropriate,
a borrower's card if the registered borrower in whose name the card
is issued has contravened or failed to comply with this Part.
(2) If a registered borrower changes his or her name, he or she must,
as soon as reasonably possible, notify the librarian and give his or
her borrower's card to the librarian to be amended.
(3) If a registered borrower does not intend to continue borrowing
books or materials from a library, he or she must, as soon as
reasonably possible, notify the librarian and give his or her
borrower's card to the librarian for cancellation.
Part 11 Public libraries
Division 5 Borrowing
Palmerston (Public Places) By-laws 2001 44
Division 5 Borrowing
81 Books etc. to be lent only to registered borrowers who present
borrower's cards
The librarian must not lend a book or material:
(a) except to a patron who is a registered borrower; and
(b) unless the registered borrower presents his or her borrower's
card to the librarian at the area designated for the purpose of
issuing books or materials at the library.
82 Number of books or materials that may be borrowed
The maximum number of books and materials a person may borrow
from a library at a time is the number determined by the librarian.
83 Period of loan of books or materials
(1) The period a book or material may be borrowed from a library is the
period determined by the librarian.
(2) The registered borrower must return a book or material that the
borrower has borrowed to the library on or before the expiry of the
period the book or material is loaned to the borrower:
(a) by presenting the book or material at the area in the library
designated for the purpose of returning books or materials; or
(b) in any other manner determined by the librarian.
(3) If, on the expiry of the period a book or material is loaned to a
registered borrower, the book or material is not required by another
registered borrower, the librarian may, on the application of the
registered borrower to whom the book or material was loaned
extend the period of its loan to the borrower for one further period of
loan.
(4) A registered borrower may apply to extend the period a book or
material is loaned to the borrower:
(a) by presenting the book or material at the library from which it
was borrowed; or
(b) in any other manner determined by the librarian.
Part 11 Public libraries
Division 5 Borrowing
Palmerston (Public Places) By-laws 2001 45
84 Books or materials may be reserved
(1) If a book or material is required by a registered borrower but is not
presently available for loan, a librarian may reserve the book or
material for the borrower.
(2) The librarian must notify the registered borrower when the book or
material becomes available for loan.
85 Books or materials may be requested
(1) A registered borrower may apply to a librarian to borrow a book or
material that does not form part of the library's collection.
(2) If an application is made under clause (1), the librarian must take
the action that is practicable to provide the book or material applied
for and must notify the registered borrower of the outcome.
(3) Nothing in this by-law requires the council to purchase a book or
material in respect of which an application is made under
clause (1).
86 Reference books or materials not to be borrowed
A book or material provided in a library for reference use only is not
to be borrowed from the library unless the librarian considers
special circumstances exist that warrant its removal from the library.
87 Retention of books or materials beyond period of loan
(1) If a registered borrower fails to return a book or material to the
library after the expiry of the period of loan of the book or material,
the librarian may send to the borrower a letter demanding that the
borrower return the book or material to the library not later than
14 days after receiving the letter.
(2) The letter is to be headed "Formal Demand".
(3) On the return of the book or material, the librarian may require the
registered borrower to pay the reasonable costs incurred by the
council in obtaining the return of the book or material.
(4) If a registered borrower fails to pay an amount under clause (3), the
librarian may:
(a) cancel or suspend the borrower's card of the registered
borrower; or
(b) until payment is made – refuse to lend books or materials to
the registered borrower.
Part 11 Public libraries
Division 5 Borrowing
Palmerston (Public Places) By-laws 2001 46
88 Damage to books or materials to be reported
If a book or material is:
(a) damaged while on loan; or
(b) issued in a damaged or imperfect condition,
the registered borrower who borrowed the book must report the
damage to the librarian when returning the book or material to the
library.
89 Lost or damaged books or materials
(1) If a book or material is:
(a) damaged while on loan;
(b) lost while on loan; or
(c) not returned after demand for its return has been made by the
librarian under by-law 87,
the librarian may demand, in writing, the registered borrower of the
book or material to pay the cost of replacing or repairing it or, if the
book or material is one of a set and it is impracticable to repair or
replace the book or material, to pay the cost of replacing the set.
(2) The demand is to be headed "Formal Demand".
(3) A book or material that is stolen, lost or damaged remains the
property of the council despite being replaced or paid for and, if
recovered, the subsequent disposal of the book or material is at the
discretion of the council.
90 Offence to fail to comply with demand
(1) A person who fails to:
(a) return an overdue book or material within 14 days of receiving
the librarian's letter of demand under by-law 87; or
(b) within one month after receiving a demand under by-law 89:
(i) pay the amount of costs specified in the demand for
replacing or repairing a lost or damaged book or
material; or
(ii) enter into an arrangement satisfactory to the council to
satisfy that demand,
Part 11 Public libraries
Division 6 Controls
Palmerston (Public Places) By-laws 2001 47
commits an offence.
Penalty: $3 000 and, in addition, $100 for each day during
which the offence continues after the first day on
which the offence is committed.
(2) An offence against clause (1) is a regulatory offence.
Division 6 Controls
91 Powers of librarian etc.
(1) The librarian may give the directions and take the action that the
librarian considers necessary for securing orderly conduct at a
library and compliance with this Part.
(2) The librarian may prohibit a child entering or remaining in a library if
the child is not under the supervision of an adult or another child
who, in the opinion of the librarian, is capable of supervising the
child.
(3) The librarian or an authorised person may remove from the library
or prohibit the entry into a library of a person who contravenes or
fails to comply with this Part or with a direction or prohibition of the
librarian under clause (1) or (2).
(4) A person aggrieved by a decision of a librarian may appeal to the
council.
92 Bags etc. to be deposited
(1) A person entering a library may be required by the librarian to
deposit a bag, case, parcel or other similar article in the person's
possession in a place set aside for that purpose.
(2) A person who brings a bag, case, parcel or other similar article into
a library must, when requested by the librarian, allow it to be
inspected by the librarian before the person leaves the library.
(3) A bag, case, parcel or article deposited in a library in accordance
with clause (1) that is not claimed within 24 hours after its deposit
may be forwarded by the librarian to a police station.
(4) The council or a librarian is not liable for the loss of or damage to a
bag, case, parcel or article deposited in a library in accordance with
clause (1).
Part 11 Public libraries
Division 6 Controls
Palmerston (Public Places) By-laws 2001 48
93 Supervision of children
A person must not enter or remain in a library with a child unless
the person keeps the child under direct supervision at all times
while the child is in the library.
94 Animals in libraries
(1) A person must not, except with the permission of the librarian, bring
an animal into a library.
Penalty: $200.
(2) Clause (1) does not apply to a person bringing a guide dog into a
library.
95 Vehicles in libraries
A person must not, except with the permission of the librarian, bring
a vehicle or conveyance into a library.
Penalty: $200.
96 Conduct of persons in libraries
A person must not:
(a) obstruct a librarian or an officer or employee of the council in
the execution of his or her duties under this Part;
(b) enter or use a library if unclean in dress or person or under the
influence of alcohol or drugs;
(c) soil, tear, cut, deface, damage, injure or destroy a book or
material or an object forming part of the contents of a library,
whether in the library or elsewhere;
(d) except under and in accordance with this Part – take or cause
to be taken from a library, or receive or be in possession of, a
book or material forming part of the contents of the library;
(e) make a copy of a borrower's card;
(f) except with the consent of the librarian – enter or remain in
any part of a library not set aside for the use of the public;
(g) except with the consent of the librarian – affix or post a bill,
placard, notice or petition in or on a part of a library; or
Part 12 Repeal and savings
Palmerston (Public Places) By-laws 2001 49
(h) do any of the following in a library:
(i) take a tracing from a book or material except through a
protective screen and with the permission of the
librarian;
(ii) wilfully misplace or conceal a book or material or a
record of a book or material;
(iii) disturb, interrupt or annoy a person;
(iv) sleep, lie on a chair or table or on the floor;
(v) smoke, eat or drink, except in an area designated by the
librarian for that purpose;
(vi) except with the consent of the librarian – offer anything
for sale;
(vii) make or receive a call on a mobile telephone;
(viii) behave in a disorderly manner or swear or use violent,
abusive or obscene language;
(ix) enter or remain after the hour fixed for the closing of the
library.
Penalty: $200.
97 Change of address of registered borrower
A registered borrower who changes his or her address must, within
14 days after the change, notify the librarian of the new address.
Penalty: $200.
Part 12 Repeal and savings
98 Repeal
The By-laws set out in Schedule 3 are repealed.
99 Savings
(1) Without limiting section 12 of the Interpretation Act 1978, all
services, appointments, authorisations, permissions, permits,
licences, rights, privileges, obligations and liabilities established,
made, given, granted, acquired, accrued or incurred under the By-
laws repealed by by-law 98 that were operating or having effect
immediately before the commencement of these By-laws, and all
Part 12 Repeal and savings
Palmerston (Public Places) By-laws 2001 50
matters in process under those repealed By-laws immediately
before that commencement, are to continue, and may be dealt with,
as if established, made, given, granted, acquired, accrued, incurred
or in process under and in accordance with the relevant
corresponding provisions of these By-laws (if any), and those
provisions are, with the necessary changes, to be construed
accordingly.
(2) A register kept and maintained under the By-laws repealed by
by-law 98 are, on the commencement of these By-laws, to become
part of a register that is kept and maintained under these By-laws.
Schedule 2 Fixed penalties
Palmerston (Public Places) By-laws 2001 51
Schedule 2 Fixed penalties
by-law 23(2)(a)
Column 1
By-law
Column 2
Amount
$
60 50
Schedule 3 Repealed By-laws
Palmerston (Public Places) By-laws 2001 52
Schedule 3 Repealed By-laws
by-law 98
Palmerston (Litter) By-laws Regulations 1984, No. 21
Regulations 1989, No. 8
Palmerston (Traffic) By-laws Regulations 1986, No. 15
Regulations 1986, No. 38
Palmerston (Work on Public Places) By-laws Regulations 1986, No.16
ENDNOTES
Palmerston (Public Places) By-laws 2001 53
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
Palmerston (Public Places) By-laws (SL No. 45, 2001)
Notified 14 November 2001
Commenced 14 November 2001
Amendments of Palmerston (Public Places) By-laws (SL No. 52, 2002)
Notified 25 November 2002
Commenced 25 November 2002
Statute Law Revision Act 2008 (Act No. 6, 2008)
Assent date 11 March 2008
Commenced 11 March 2008
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)
Assent date 14 November 2008
Commenced 1 July 2008 (s 2)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 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, 3, 9, 23, 23A, 47, 55
and 99.
4 LIST OF AMENDMENTS
bl 9 amd No. 52, 2002, bl 1
bl 13 amd No. 52, 2002, bl 5
bl 20 – 21 amd No. 52, 2002, bl 5
ENDNOTES
Palmerston (Public Places) By-laws 2001 54
bl 23 sub No. 52, 2002, bl 2
amd Act No. 28, 2008, s 4
bl 23A ins No. 52, 2002, bl 2
bl 28 amd No. 52, 2002, bl 5
bl 30 – 34 amd No. 52, 2002, bl 5
bl 36 amd No. 52, 2002, bl 5
bl 38 – 45 amd No. 52, 2002, bl 5
bl 46 amd No. 52, 2002, bl 5; Act No. 6, 2008, s 4
bl 47 amd No. 52, 2002, bl 5
bl 49 amd No. 52, 2002, bl 5
bl 51 – 53 amd No. 52, 2002, bl 5
bl 54 amd No. 52, 2002, bl 5; Act No. 26, 2020, s 3
bl 56 amd No. 52, 2002, bl 5
bl 58 amd No. 52, 2002, bl 5
bl 59 amd Act No. 26, 2020, s 3
bl 60 – 69 amd No. 52, 2002, bl 5
bl 90 amd No. 52, 2002, bl 5
bl 94 – 97 amd No. 52, 2002, bl 5
sch 1 rep No. 52, 2002, bl 3
sch 2 amd No. 52, 2002, bl 4