NORTHERN TERRITORY OF AUSTRALIA
PALMERSTON (SIGNS, HOARDINGS AND ADVERTISING)
BY-LAWS 1999
As in force at 1 July 2008
Table of provisions
Part 1 Preliminary
Division 1 General
1 Citation ............................................................................................ 1
2 Crown to be bound .......................................................................... 1
3 Application ....................................................................................... 1
4 Definitions ........................................................................................ 1
5 Publication of signs code ................................................................. 2
6 Determination of charges and fees .................................................. 2
Division 2 Regulatory
7 Compliance with notices .................................................................. 3
8 Obstruction of officers, &c................................................................ 3
9 False statements in documents ....................................................... 3
10 General penalty ............................................................................... 3
11 Infringement notice and payment of sum in lieu of penalty .............. 4
11A Withdrawal of infringement notice.................................................... 5
Part 2 Compliance with signs code
12 Sign, hoarding or advertisement to comply with signs code ............ 6
Part 3 Erection, maintenance, &c., of signs,
hoardings and advertisements
13 Sign, hoarding, advertisement to be secure and in good repair ...... 6
Part 4 Remedial action or removal of signs, &c.
14 Notice may be given requiring remedial action or removal of
sign, &c. ........................................................................................... 6
15 Requirement for execution of works ................................................ 7
16 Where requirements not complied with ........................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2008
PALMERSTON (SIGNS, HOARDINGS AND ADVERTISING)
BY-LAWS 1999
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 (Signs, Hoardings
and Advertising) By-laws 1999.
2 Crown to be bound
These By-laws bind the Crown in right of the Territory.
3 Application
(1) These By-laws apply to and are in force within the whole of the
municipality.
(2) Nothing in these By-laws or the signs code derogates from the
requirements of any other law of the Territory relating to the
construction or installation of buildings or structures.
4 Definitions
In these By-laws, unless the contrary intention appears:
approved means approved by the council by resolution.
council means the Palmerston City Council.
determined means determined by the council by resolution.
municipality means the municipality of Palmerston.
permit means a permit issued under the signs code.
premises includes a building and land (whether built on or not).
Part 1 Preliminary
Division 1 General
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 2
public place includes:
(a) every place to which free access is permitted to the public,
with the express or tacit consent of the owner or occupier of
the place;
(b) every place to which the public are admitted on payment of
money, the test of the admittance being the payment of the
money;
(c) every road, street, footway, court, alley, thoroughfare or
cul-de-sac which the public are allowed to use,
notwithstanding that the road, street, footway, court, alley,
thoroughfare or cul-de-sac may be formed on private property;
and
(d) land reserved under a law of the Territory for the use of the
public or a member of the public.
signs code means the document by the name "Palmerston City
Advertising Signs Code" approved by council on 16 March 2004, as
in force from time to time, to prohibit, regulate or exempt matters
relating or incidental to the construction, placement, size, shape,
content and colour of signs, hoardings and advertising in, on or
over a public place or on premises adjoining or in view of a public
place.
5 Publication of signs code
(1) The council must give notice in a newspaper circulating in the
municipality of:
(a) as soon as reasonably possible after approving the signs
code – the approval of the signs code; and
(b) whether in the same edition of the newspaper or another
edition published on a later day – the date the signs code
takes effect.
(2) The clerk must cause a copy of the signs code to be available for
inspection or purchase by the public at the council offices during the
business hours of the council.
6 Determination of charges and fees
(1) The council may determine the charges and fees in relation to an
undertaking, service, matter or thing referred to in these By-laws or
in the signs code.
Part 1 Preliminary
Division 2 Regulatory
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 3
(2) Where the council determines a charge or fee under clause (1), it
must publish a notice of its making in a newspaper circulating in the
municipality as soon as reasonably possible after the approval is
given.
(3) Where the council:
(a) determines a charge or fee under clause (1);
(b) publishes a notice of the making of the determination under
clause (2); and
(c) takes an action in respect of which the charge or fee is
determined,
it may demand and recover the relevant charge or fee.
Division 2 Regulatory
7 Compliance with notices
A requirement of a notice served by the council or an authorised
person under these By-laws is to be complied with by the person on
whom it is served.
8 Obstruction of officers, &c.
(1) It is an offence for a person to obstruct, hinder, disturb or interrupt
an authorised person, an officer or employee of the council, a
contractor or sub-contractor to the council or an employee of the
contractor or sub-contractor in the proper execution of his or her
work or duty under these By-laws.
(2) An offence against clause (1) is a regulatory offence.
9 False statements in documents
A person who, in making a statement required or permitted to be
made in a document for the purposes of the signs code knowingly
makes a false statement, commits an offence.
10 General penalty
A person who commits an offence against these By-laws is, on
being found guilty, liable to a penalty not exceeding $3,000 and, in
addition, to a penalty not exceeding $100 for each day after the day
on which the offence was committed during which the offence
continues.
Part 1 Preliminary
Division 2 Regulatory
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 4
11 Infringement notice and payment of sum in lieu of penalty
(1) Despite by-law 10, 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 is
$100;
(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
Part 1 Preliminary
Division 2 Regulatory
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 5
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
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 2001 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.
(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.
11A 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
Part 4 Remedial action or removal of signs, &c.
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 6
(b) that the fixed penalty specified in the infringement notice is no
longer payable to the council.
Part 2 Compliance with signs code
12 Sign, hoarding or advertisement to comply with signs code
(1) The occupier or, where there is no occupier, the owner of the
premises adjoining or in view of a public place commits an offence
if there is on those premises a sign, hoarding or advertisement that
does not comply with the signs code.
(2) A person who erects or installs a sign, hoarding or advertisement
in, on or over a public place that does not comply with the signs
code commits an offence.
(3) An offence against clause (1) or (2) is a regulatory offence.
Part 3 Erection, maintenance, &c., of signs, hoardings
and advertisements
13 Sign, hoarding, advertisement to be secure and in good repair
A sign, hoarding or advertisement is to be erected or installed and
maintained in a condition of security, good repair and rigidity to the
satisfaction of the council.
Part 4 Remedial action or removal of signs, &c.
14 Notice may be given requiring remedial action or removal of
sign, &c.
If an authorised person believes on reasonable grounds that a sign,
hoarding or advertisement:
(a) does not comply with the signs code; or
(b) is not secure, in good repair or rigid,
the authorised person may, whether or not a permit has been
issued in respect of the sign, hoarding or advertisement, give notice
to:
(c) the owner or occupier of the land where the sign, hoarding or
advertisement is erected or being used; or
Part 4 Remedial action or removal of signs, &c.
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 7
(d) the person responsible for erecting or installing the sign,
hoarding or advertisement,
requiring remedial action or the removal of the sign, hoarding or
advertisement.
15 Requirement for execution of works
(1) Where an owner or occupier of land is required to take remedial
action or remove a sign, hoarding or advertisement under
by-law 14, the council or the authorised person may, by the notice
under that by-law or another written notice served on the owner or
occupier, require the owner or occupier at his or her own expense
to execute the work or to cause it to be executed, and to do
anything incidental to the work:
(a) using the materials;
(b) within the period;
(c) in the manner; or
(d) in the area,
specified in the notice.
(2) The council or authorised officer may require that work done in
pursuance of a notice served under clause (1) is executed by
qualified or licensed persons only.
(3) The council or authorised person may, when serving a notice under
clause (1), indicate that the council will, if requested, carry out the
work referred to in the notice at the expense of the person on whom
the notice is served.
(4) If the council is requested to carry out work referred to in a notice,
the council may require the person on whom the notice was served
to pay to the council, or enter into a bond for payment to the council
of, the amount the council thinks fit to provide security against costs
that it may incur as a result of the execution of work.
(5) Despite clause (4), if the council carries out work at the request of a
person on whom a notice was served, the cost to the council of
carrying out the work is a debt due and payable by the person.
16 Where requirements not complied with
(1) The council may carry out work required to be executed by a notice
under this Part if the person required to execute the work fails to
comply with the notice.
Part 4 Remedial action or removal of signs, &c.
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 8
(2) Where the council carries out work under clause (1), the cost to the
council of carrying out the work is a debt due and payable by the
person required to execute the work.
ENDNOTES
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Palmerston (Signs, Hoardings and Advertising) By-laws (SL No. 1, 1999)
Notified 13 January 1999
Commenced 13 January 1999
Amendment of Palmerston (Signs, Hoardings and Advertising) By-laws (SL No. 20,
2000)
Notified 12 April 2000
Commenced 12 April 2000
Amendments of Palmerston (Signs, Hoardings and Advertising) By-laws (SL No. 53,
2002)
Notified 25 November 2002
Commenced 25 November 2002
Amendment of Palmerston (Signs, Hoardings and Advertising) By-laws (SL No. 29,
2004)
Notified 4 August 2004
Commenced 4 August 2004
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)
Assent date 14 November 2008
Commenced 1 July 2008 (s 2)
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, 11 and 11A.
ENDNOTES
Palmerston (Signs, Hoardings and Advertising) By-laws 1999 10
4 LIST OF AMENDMENTS
bl 4 amd No. 53, 2002, bl 1; No. 29, 2004
bl 11 sub No. 53, 2002, bl 2
amd Act No. 28, 2008, s 4
bl 11A ins No. 53, 2002, bl 2
sch sub No. 20, 2000
rep No. 53, 2002, bl 3