TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989 (Northern Territory)

The Tennant Creek (Control of Public Places) By-laws 1989 is a local subordinate instrument, made under the Local Government Act 2019, that creates a permit-driven regulatory framework for virtually all uses and activities in public places within the municipality of Tennant Creek. Mechanically, the instrument:

Defines core terms such as public place, park, carriageway and motor vehicle and adopts external statutory definitions where indicated (by-law 2, referencing the Traffic Act 1987 and “the Act” for road);
Establishes a general requirement to hold a council grant of permit before doing a broad range of acts in a public place, including causing damage, conducting public meetings, obstructing public places, grazing animals and other activities listed in by-law 7(1);
Creates a separate stallholder permit regime for trading from temporary structures or stalls (Part IV, by-laws 23-27) with application, display, duration (maximum 12 months) and non-transferability rules (by-law 25);
Prescribes processes for the council to require and enforce remedial works on land abutting public places, including notice-making, requiring bonds or deposits, and the power to carry out works and recover costs (by-laws 8 and 9);
Regulates crossings, excavations, kerb removal and the use of heavy loads on crossings/culverts/bridges; prohibits certain works in public places without a permit (by-laws 12-22);
Regulates a wide array of behaviours and temporary uses in public places: plantings and trees (by-laws 28-31), structures and encroachments (by-laws 31-32), vehicle washing and repairs (by-law 33), dumping or depositing offensive matter (by-law 34), stacking goods (by-law 35), lighting and fencing for works (by-law 36), musical instruments and amplification (by-law 37), undue noise (by-law 38), distribution of handbills and bill-sticking (by-laws 39-40), advertising and signboards (by-laws 41-43), numbering (by-law 44), fireworks and open fire (by-law 45), and general prohibitions in public places (by-law 46);

NORTHERN TERRITORY OF AUSTRALIA TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989 As in force at 1 July 2021 Table of provisions Part I Preliminary 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Application ....................................................................................... 2 4 Delegation ....................................................................................... 2 5 Dispensations .................................................................................. 2 6 Clerk to keep register ...................................................................... 2 Part II Permits 7 Grant of permit................................................................................. 3 8 Action by council where work required to be done .......................... 4 9 Non-compliance by owner or occupier ............................................ 5 10 Maintenance of objects, &c.............................................................. 6 11 Roads, &c., not to be obstructed ..................................................... 6 Part III Crossings, &c. 12 Vehicles to use constructed crossings only ..................................... 6 13 Application to construct crossing ..................................................... 6 14 Council may require crossing to be made........................................ 7 15 Alterations to crossing ..................................................................... 7 16 Repair of crossing............................................................................ 7 17 Heavy loads prohibited .................................................................... 7 18 Removal of kerbing.......................................................................... 8 19 Certain works prohibited .................................................................. 8 20 Excavations ..................................................................................... 8 21 Damage to road surface .................................................................. 9 22 Closure of roads .............................................................................. 9 Part IV Stallholders 23 Definitions ........................................................................................ 9 24 Application for permit ..................................................................... 10 25 Permits .......................................................................................... 11 26 Revocation of permit ...................................................................... 11 27 Obligations of stallholder ............................................................... 12

Tennant Creek (Control of Public Places) By-laws 1989 ii Part V Miscellaneous 28 Damage to trees, plants, &c. ......................................................... 12 29 Planting, &c., of trees, &c. ............................................................. 13 30 Overhanging trees and shrubs ...................................................... 13 31 Encroachment on public place, &c. ............................................... 13 32 Erecting or placing buildings and structures .................................. 13 33 Washing, &c., of vehicles in public place ....................................... 14 34 Deposit of offensive matter ............................................................ 14 35 Stacking, &c., of goods on public place ......................................... 15 36 Safety lights ................................................................................... 15 37 Musical instruments ....................................................................... 15 38 Undue noise .................................................................................. 15 39 Handbills ........................................................................................ 16 40 Bill sticking ..................................................................................... 16 41 Advertising hoardings .................................................................... 17 42 Advertisements on buildings .......................................................... 17 43 Signboards, &c. ............................................................................. 17 44 Plan of numbering ......................................................................... 18 45 Fireworks, &c. ................................................................................ 18 46 General offences ........................................................................... 19 47 Camping and sleeping in public places ......................................... 19 48 Removal of persons from park, garden or reserve ........................ 20 49 General penalty ............................................................................. 20 50 By-laws, resolutions, &c., to be construed subject to power .......... 22 Schedule Fees ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2021

TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989 By-laws under the Local Government Act 2019 Part I Preliminary 1 Citation These By-laws may be cited as the Tennant Creek (Control of Public Places) By-laws 1989. 2 Definitions In these By-laws, unless the contrary intention appears: approved crossing means a crossing constructed: (a) prior to the commencement of these By-laws, by or with the approval of the council; or (b) after the commencement of these By-laws, in accordance with these By-laws. carriageway means a carriageway as defined in the Traffic Act 1987. motor vehicle includes a motor car, motor carriage, motor cycle, motor lorry, motor omnibus, motor tractor or other vehicle propelled wholly or partly by a volatile spirit or by steam, gas, oil or electricity, a bicycle within the meaning of the Traffic Act 1987, an animal drawn vehicle and a caravan or trailer whether or not attached to any of them, but does not include a vehicle used on a railway. municipality means the municipality of Tennant Creek. park, garden or reserve means land, being a public place, which is vested in, leased to or under the care, control or management of the council and capable of being used as a park, garden recreation ground, oval, playing field or reserve. permit means a permit granted under by-law 7 and includes a renewal and extension of a permit.

Part I Preliminary Tennant Creek (Control of Public Places) By-laws 1989 2 public place means any place within the municipality which is open to or used by the public. road means a road as defined in the Act. 3 Application These By-laws apply to all public places within the municipality. 4 Delegation (1) An officer or employee of the council may, if so determined by the council, exercise all or any of the following powers: (a) sign, seal, or sign and seal, notices, orders and agreements which the council is entitled to issue, sign, seal, revoke or cancel; (b) sign letters, receipts and other documents; and (c) do or perform an act, deed or thing necessary, ancillary or incidental to the exercise of the functions of the council. (2) The council shall make a determination pursuant to clause (1) by resolution, and any such determination may be of a general nature or for a class or classes of cases or be with respect to a particular case. (3) A power or function delegated under this by-law when exercised or performed by the delegate, shall, for the purposes of these By-laws, be deemed to have been exercised or performed by the council. (4) A determination under this by-law does not prevent the exercise of a power or the performance of a function by the council. 5 Dispensations The council may, at a meeting at which not less than two-thirds of the members are present, by resolution carried by a majority of members then in office, dispense with compliance by a person with any requirements under these By-laws or any part of them. 6 Clerk to keep register The clerk shall cause to be kept a register of: (a) determinations made under by-law 4; (b) dispensations granted under by-law 5 or under the Act; and

Part II Permits Tennant Creek (Control of Public Places) By-laws 1989 3 (c) permits, consents and authorities granted by the council under these By-laws. Part II Permits 7 Grant of permit (1) A person shall not, except in accordance with a permit granted by the council pursuant to this by-law: (a) cause damage to a public place or any article or thing within a public place; (b) conduct a public meeting, entertainment activity, game or organized recreation in a public place which, in the opinion of the council or an authorized person, is reasonably likely to interfere with, or prevent, the reasonable requirements of other members of the public for use of that place; (c) obstruct a public place; (d) graze animals in a public place; or (e) carry out any activity for which a permit may be granted pursuant to these By-laws. (2) An application for the grant of a permit in accordance with these By-laws shall: (a) be in such form as the council may require; (b) describe the public place in respect of which the applicant seeks the permit; (c) contain full details of the applicant and the use to which the applicant proposes to put the public place, the activity the applicant proposes to carry out and such other details as the council may require; (d) be delivered to the council not less than 7 days prior to the date on which the applicant proposes to commence the activity for which the permit is sought; and (e) be accompanied by the fee specified in the Schedule for the type of permit for which application is made. (3) On receipt of an application for a permit the council may grant or refuse to grant the permit.

Part II Permits Tennant Creek (Control of Public Places) By-laws 1989 4 (4) A permit shall be in such form as the council may determine and shall be: (a) valid for the period; and (b) subject to such conditions, as the council thinks fit and endorses on the permit. (5) It shall be a condition of a permit that the person to whom it is granted shall reinstate, to the satisfaction of the council, the public place in respect of damage caused in the carrying out of the work the subject of the permit. (6) A permit may be revoked by the council. (7) A person who: (a) contravenes or fails to comply with this by-law or with a condition of a permit; or (b) interferes with or in any way obstructs the use of a public place by a person holding a permit or using the public place in accordance with a permit, is guilty of an offence. 8 Action by council where work required to be done (1) Where the council requires work to be carried out by the owner or occupier of land which abuts on a public place, the council or an officer or employee of the council may, by notice in writing served on that owner or occupier, require that owner or occupier, at the expense of the owner or occupier, to execute such works and do such things: (a) in or of such materials; (b) within such periods; and (c) in such manner, as may be specified in the notice. (2) Any work to be executed in pursuance of a notice given pursuant to clause (1) shall, if the council so requires, be executed only by persons qualified or licensed in respect of the work to be executed. (3) The council may carry out work required to be executed by or under the Act or these By-laws under any notice given in accordance with clause (1) on default by the person required to execute the work.

Part II Permits Tennant Creek (Control of Public Places) By-laws 1989 5 (4) Without limiting the generality of the powers conferred upon the council, its officers and employees by clauses (1) and (2), the council may require the owner or occupier to pay, or enter into a bond for payment, to the council of such amount by way of deposit as the council thinks fit to provide security against costs which it may incur as a result of the execution of the work. (5) A person who fails to comply with a notice under clause (1) is guilty of an offence. (6) The council may, when serving a notice in accordance with clause (1), indicate that it will, if requested, carry out the works referred to in the notice at the expense of the person on whom the notice is served. 9 Non-compliance by owner or occupier (1) Without prejudice to any proceedings which a council may institute against the owner or occupier of land in respect of an offence, contravention or failing to comply with these By-laws, a condition of a permit, or a notice served under by-law 8, a council may, by notice in writing, require a person to comply with these By-laws. (2) Where the owner or occupier fails to comply with a notice referred to in clause (1), the council may carry out such work or take such action, and may recover the expense of so doing from the owner or occupier as a debt due and payable to the council. (3) Where it is a condition of a permit or notice that the applicant lodges with the council a deposit or bond and: (a) the holder of the permit or notice contravenes or fails to comply with these By-laws or a condition of the permit or notice; and (b) the council incurs expense in carrying out work or taking the action referred to in clause (2), the council may apply the amount of the deposit or bond to defray those expenses and the balance, if any, shall be paid by the council to the holder of the permit or notice. (4) Where the amount of the deposit or bond is insufficient to defray the expenses referred to in clause (3) of this by-law, the council may recover the difference from the owner or occupier as a debt due and payable to the council.

Part III Crossings, &c. Tennant Creek (Control of Public Places) By-laws 1989 6 10 Maintenance of objects, &c. (1) The holder of a permit who fails to maintain to the council's satisfaction each object, structure, sign or fence in respect of which a permit has been granted, is guilty of an offence. (2) The council may, if it is satisfied that a holder is not adequately maintaining an object, structure, sign or fence in respect of which a permit was granted, revoke the permit and by-law 9 shall apply accordingly. 11 Roads, &c., not to be obstructed Nothing in these By-laws shall be construed so as to allow a person carrying out works in pursuance of a permit to cause unreasonable obstruction of a road, channel or drain, or any part of a public place, by the deposit of materials or construction of a building or structure or by any other means. Part III Crossings, &c. 12 Vehicles to use constructed crossings only A person shall not, otherwise than in accordance with a permit, drive or propel a motor vehicle over or across a footpath otherwise than at an approved crossing. 13 Application to construct crossing (1) The owner or occupier of land which abuts on a footpath may apply for a permit to construct a crossing from the land to a carriageway. (2) An application under clause (1) shall describe the situation of the land and the proposed position of the crossing, and shall be accompanied by such fee or charge as the council may by resolution determine and shall include: (a) the specifications of the crossing; or (b) a request that the council prepare specifications for the crossing and carry out the work. (3) The council may require the person carrying out the work of constructing a crossing to pay, or enter into a bond to pay, to the council such amount as it thinks fit to provide security against costs which it may incur as a result of the execution of the work. (4) A person shall not carry out any work of constructing a crossing before obtaining a permit for the proposed work.

Part III Crossings, &c. Tennant Creek (Control of Public Places) By-laws 1989 7 (5) For the purposes of by-law 12, no crossing hereafter constructed or commenced before a permit has been issued under this By-law shall be considered to have been constructed in accordance with these By-laws, notwithstanding that the work may be in conformity with the requirements of the council in relation to the construction of crossings. (6) If requested to do so under clause (2)(b), the council may carry out or cause to be carried out the work of constructing a crossing, and may make such charges, if any, as it thinks fit in relation to that work, and may recover those charges from the applicant as a debt due and payable to the council. 14 Council may require crossing to be made The council may serve on the owner or occupier of land which abuts on a footpath a notice under by-law 8 requiring a crossing to be constructed or completed. 15 Alterations to crossing Where, in the opinion of the council, a crossing, whether made before or after the commencement of these By-laws, is no longer adequate for the volume or nature of the traffic passing over it, the council may serve a notice under by-law 8 on the owner or occupier of the land to which the crossing leads from the carriageway. 16 Repair of crossing Where, in the opinion of the council, a crossing, whether made before or after the commencement of these By-laws, is in a state of disrepair or appears to have been damaged as a result of a contravention of by-law 17 or 20, the council may serve a notice under by-law 8 on the owner or occupier of the land to which the crossing leads. 17 Heavy loads prohibited (1) A person shall not, otherwise than in accordance with a permit, drive a vehicle or cause or permit a vehicle to be driven across or to stand on or over a crossing, culvert, road kerb or bridge if the vehicle is so heavy or of such nature that it causes or is likely to cause damage to the paving of the crossing, culvert, road kerb or bridge. (2) The council may from time to time determine the maximum weight of a load to be carried over any bridge or culvert and may cause the maximum weight of a load so determined to be notified by notice conspicuously posted at or near each approach to such bridge or culvert.

Part III Crossings, &c. Tennant Creek (Control of Public Places) By-laws 1989 8 (3) A person shall not, unless by written permit of the council, drive, draw or carry, or cause to be driven, drawn or carried, over a bridge or culvert a weight greater than that stated in a notice under clause (2). 18 Removal of kerbing (1) Where an application is made for a permit to cross a road kerb, the council may cause the road kerb to be removed at the place indicated in the application or, if it does not approve the place indicated in the application, at a place approved by it. (2) At the conclusion of the building or other works referred to in the permit the council may cause the road kerb to be replaced. (3) A person who crosses a road kerb or who removes a road kerb otherwise than in accordance with a permit is guilty of an offence. 19 Certain works prohibited Subject to any other law in force in the Territory, a person shall not, without a permit: (a) lay pipes, cables or conduits; or (b) erect, place or maintain a post, pillar, bridge, footway, fixture or structure, in, over, abutting on or under a public place, or: (c) dig or remove, or cause to be dug or removed, turf, sand, clay, soil or other material from or from beneath a public place; or (d) place any matter or thing, whether or not it causes an obstruction, on a public place. 20 Excavations (1) A person shall not, without a permit, excavate a trench through or under a road or footpath. (2) A person shall not, without a permit, carry out excavation on land abutting a public place where that excavation: (a) encroaches or may encroach on the public place; (b) is: (i) more than 300 mm deep; and

Part IV Stallholders Tennant Creek (Control of Public Places) By-laws 1989 9 (ii) closer to the boundary of a public place than one metre; or (c) is such that if the wall of the excavation were to collapse the excavation or the excavated material would encroach on the public place. 21 Damage to road surface (1) A person shall not, without a permit, use on a road having a metalled, gravelled, tarred or other prepared surface, a vehicle which has attached to its wheels chains, metal studs or other metal projection. (2) A person shall not use on a road a traction engine, tractor or steam wagon having wheels or tracks which have unprotected grooved ridges, indents, spikes or cross bars of a type likely to cause damage to the surface of the road. (3) A person shall not propel, drag or trail in contact with the surface of a road a sledge, timber or other heavy material or a conveyance or thing capable of damaging the road. (4) A person shall not spill or cause to be spilt within a public place motor oil or any like substance. 22 Closure of roads (1) The council may, by notice in a newspaper circulating in the municipality, temporarily close a road or a part of a road vested in it for the purposes of holding a procession, parade, display or public entertainment. (2) A closure under clause (1) shall not exceed 48 hours. (3) A person shall not without the permission of the clerk use a road whilst it is closed under clause (1). Part IV Stallholders 23 Definitions In this Part, unless the contrary intention appears: goods includes food, displays, exhibitions, beverages, wares, merchandise, raffle tickets, tokens, badges, services and shares. itinerant vendor means a person who travels either personally or by his servants or agents by any means of locomotion (whether by

Part IV Stallholders Tennant Creek (Control of Public Places) By-laws 1989 10 air, land or water, and whether with or without a vehicle) from place to place or from house to house carrying or exposing goods for sale by retail but does not include a person who sells goods or exposes goods for sale only from a house, shop, room, store, tent or marquee or other premises. packages includes boxes, baskets and packaging. permit means a permit granted under by-law 25(1). sell, in relation to goods, means offering or exposing goods for sale or hire or displaying or publishing an advertisement describing or promoting the sale of goods from a stall. stall means a structure in or from which goods are offered for sale and includes a tent, motor vehicle, caravan, trailer or table. stallholder means a person to whom a permit under by-law 25 has been granted. 24 Application for permit (1) A person shall not, except in accordance with a permit granted by the council under this Part, conduct business from a stall. (2) A person may make an application in writing to the council for a permit to conduct business from a stall. (3) An application under clause (2) shall include: (a) the name and address of the applicant; (b) the type of goods which the applicant intends to sell; (c) the proposed location of the stall from which the applicant proposes to sell the goods; (d) the period for which the permit is required; and (e) such other particulars as the council may require. (4) An application under clause (1) shall be accompanied by such fee for: (a) the application; and (b) the period referred to in clause (3)(d), as specified in the Schedule.

Part IV Stallholders Tennant Creek (Control of Public Places) By-laws 1989 11 25 Permits (1) The council may, on receipt of an application under by-law 24, grant or refuse to grant a permit. (2) A permit shall be in such form as the council, by resolution, determines and: (a) shall be valid for a period not exceeding 12 months; and (b) may be subject to such conditions, as the council thinks fit and endorses on the permit. (3) A permit shall be displayed by a stallholder in or on the stall whilst the person is selling goods from the stall. (4) A permit is not transferable. 26 Revocation of permit (1) Where: (a) a stallholder: (i) has been convicted of an indictable offence; (ii) has contravened or failed to comply with these By-laws or a condition of the stallholder's permit; (iii) is conducting business from a stall in such a manner as to cause a nuisance or annoyance to a person in the vicinity of the stall; or (iv) purports to assign or transfer the stallholder's permit; or (b) the business from the stall is being conducted by a person other than the stallholder, the council may revoke the stallholder's permit. (2) Where the council revokes a permit under clause (1), it shall serve a notice of the revocation on the stallholder or on the person apparently in charge of the stall, and the revocation of the permit takes effect immediately on service of the notice. (3) A stallholder shall return the stallholder's permit to the clerk within 3 days after the service of the notice referred to in clause (2).

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 12 27 Obligations of stallholder (1) A stallholder shall: (a) comply with and not contravene these By-laws or the conditions of the stallholder's permit; (b) comply with the reasonable directions of the council or an authorized person concerning the location and siting of the stallholder's stall; (c) maintain the stallholder's stall in good order and condition to the satisfaction of the council or an authorized person; (d) display the stallholder's name legibly and conspicuously on the stall; and (e) keep the site of the stallholder's stall clean and free from garbage resulting from its operation. (2) A stallholder, in conducting business from a stall, shall not: (a) sell goods on a day resolved by the council to be a prescribed day; (b) call the stallholder's goods or cause to make a noise or disturbance likely to be a nuisance or cause annoyance to a person in the vicinity of the stall; (c) deposit or store packages or goods except within the stallholder's stall; (d) obstruct the passage of pedestrians or vehicles; or (e) act in an offensive manner in the opinion of a person or an authorized person. Part V Miscellaneous 28 Damage to trees, plants, &c. (1) A person shall not, without a permit, interfere with or damage a tree, plant, garden or grass strip in a public place or cause to be done anything whereby it may become damaged.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 13 (2) A person shall not ride, drive a motor vehicle or lead an animal in a public place in such a manner as to cause or permit it to cause damage to a public place, or any property of the council affixed to a public place or a tree, plant, garden or grass strip planted in a public place. 29 Planting, &c., of trees, &c. (1) Subject to clause (2)(a), a person shall not, without a permit: (a) plant a tree, shrub or plant; or (b) cut, break, remove or disturb a tree, shrub, stem, branch or root of a living tree, shrub or plant, in a public place. (2) An application for a permit under clause (1) shall indicate the position where the applicant intends to: (a) plant the tree, shrub or plant; or (b) cut, break, remove or disturb the tree, shrub or plant or part of it. 30 Overhanging trees and shrubs (1) The council may, where it considers that a tree or shrub growing on land is causing inconvenience or an obstruction to persons using a public street or footpath or is causing or likely to cause damage to an adjacent public place, serve a notice on the owner or occupier of the land to trim or remove the tree or shrub. (2) An owner or occupier of land who contravenes or fails to comply with a notice under clause (1) is guilty of an offence. 31 Encroachment on public place, &c. A person shall not, without a permit, erect or place, or cause or permit to be erected or placed, a fence, rail, building, stair, steps, projection or other structure that encroaches on a public place. 32 Erecting or placing buildings and structures (1) A person shall not, without a permit, erect or place a building or structure, whether of a temporary or a permanent nature, on a public place.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 14 (2) An application for a permit in relation to the erecting or placing of a building or structure under clause (1) shall: (a) specify the purpose for which the building or structure will be used; and (b) be accompanied by: (i) plans and specifications of the building or structure; and (ii) such other details as the council may require. 33 Washing, &c., of vehicles in public place (1) Subject to clause (2), a person shall not: (a) wash a motor vehicle; or (b) carry out repairs or maintenance work on a motor vehicle, on, along, in or across a public place, except where the public place has been set aside by the council for the purpose and notified as such by a sign erected or posted to that effect. Penalty: $100. (2) Clause (1)(b) does not apply to carrying out a repair for the purpose of immediately removing a motor vehicle from a public place. 34 Deposit of offensive matter (1) A person shall not: (a) deposit, or permit the deposit of, waste food, peelings, fruit or other vegetable matter; (b) throw, deposit or discharge an offensive or unwholesome matter or fluid; or (c) deposit, or permit the deposit of, garbage or other refuse, on a public place or other land under the control of the council, except where it is placed in a container for collection by the council. (2) A person shall not spit in a public place. (3) A person shall not deposit or discharge, or cause to be deposited or discharged, water or waste matter in a place where it is likely to flow or discharge on or into a public place.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 15 35 Stacking, &c., of goods on public place Subject to Part IV, a person shall not stack, store, or expose, or permit the stacking, storing or exposing, whether or not for sale, of goods or merchandise in, on or over a public place or outside a building adjoining a public place. 36 Safety lights A person who causes: (a) a material or a structure to be deposited or laid on a road; or (b) work to be carried out entailing the opening or breaking up of the surface of a road, whether or not authorized by the council, shall, at the person's expense, cause: (c) lights of a type and colour and in such number as the council considers sufficient for the purpose to be placed and retained near the material, structure or work; (d) the lights referred to in paragraph (c) to be illuminated from sunset to sunrise; and (e) the materials, structure or work to be fenced and enclosed to prevent damage or inconvenience to other persons, until the material or structure is removed or the road is restored. 37 Musical instruments A person shall not, without a permit, on a public place or other land under the control of the council: (a) ring a bell or use a musical instrument or any means of amplification or public address for the purpose of announcing an auction, public performance, sale, meeting or similar gathering; or (b) use or permit to be used a musical instrument. Penalty: $100. 38 Undue noise A person who, by any means, causes undue noise which causes distress or annoyance to a person by reason of its level or character, or the time at which it is made, is guilty of an offence.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 16 39 Handbills A person shall not, without a permit: (a) give out, put or distribute to a person or throw, place, drop or otherwise deposit a handbill; (b) affix or cause to be affixed a poster, placard or similar thing; or (c) write on, deface or mark a pavement with writing or pictorial representation; in or on a public place. Penalty: $100. 40 Bill sticking (1) A person shall not, without a permit and the consent of the owner or occupier of land adjoining a road or public place, affix or cause to be affixed a poster, bill or other paper to or against a building on that land. (2) A person shall not, without a permit, affix or cause to be affixed a poster, bill or other paper to or against a power pole or sign post. (3) Where a person has in accordance with a permit affixed a poster, bill or paper, the person shall: (a) ensure that it is preserved in a clean and tidy state; (b) remove it if it becomes worn, torn or detached; and (c) where the poster, bill or paper relates to a specific event or events, remove the poster, bill or paper and clean the area of waste paper and refuse within 7 days of the event, or the last event, as the case may be. (4) Where an authorized person is of the opinion that a poster, bill or other paper which has been affixed to or against a building is dirty, untidy, worn, torn or detached, the authorized person may give notice to the owner or occupier of the building, requiring that such remedial action as is set out in the notice be taken within the time specified in the notice. (5) A person shall not fail to comply with a notice issued under clause (4).

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 17 41 Advertising hoardings A person who is the owner or occupier of land adjoining or in view of a public place shall not, without a permit: (a) erect or permit to be erected; or (b) permit the use of, a building or structure on that land for placing thereon a placard, sign or advertisement. 42 Advertisements on buildings A person shall not, without a permit, affix, paint, carve or engrave, or permit to remain affixed, painted, carved or engraved, on a building or structure or their appurtenances on, over or in view of a public place or land under the care or control of the council a placard, sign, advertisement or fixture unless it relates to the trade, business or profession of a person then being carried on, conducted or practised within the building or structure. 43 Signboards, &c. (1) Subject to clause (2), a person shall not, without a permit, affix, place, hang or suspend in or over a public place or land under the care or control of the council a signboard, signpost, placard, showbill, showboard, flag, notice or writing. (2) A signboard, signpost, placard, showbill, showboard, flag, notice or writing referred to in clause (1) shall be constructed and maintained in a condition of security, rigidity and in good repair to the satisfaction of the council. (3) Where an authorized person is of the opinion that a signboard, signpost, placard, showbill, showboard, flag, notice or writing is not maintained in a condition of security, rigidity or good repair, the authorized person may give notice to the owner or occupier of the land or building on which the signboard, signpost, placard, showbill, showboard, flag, notice or writing is situated, requiring that such remedial action as is specified in the notice be taken within the time specified in the notice.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 18 44 Plan of numbering (1) The council may adopt a plan or system of numbering areas of land on a road and may, in accordance with that plan or system of numbering: (a) affix a number on a house or building or a front gate or fence on land adjoining a road or such designated part of the road as is adopted in its plan or system; or (b) by notice in writing, require the owner or occupier of land adjoining a road included in the plan or system of numbering to affix, in accordance with the terms of the notice, a number on a house or building or a front gate or fence on the land or such designated part of the road as is adopted in its plan or system. (2) The council may, from time to time, alter the plan or system of numbering referred to in clause (1) and may: (a) replace the number affixed under that clause with a new number; or (b) by notice in writing, require the owner or occupier of land adjoining a road to affix, in accordance with the terms of the notice, a new number on a house or building, or a front gate or fence on the land or such designated part of the road as is adopted in its plan or system. (3) A person who has affixed a number under clause (1) and who is required to replace or affix a number in accordance with clause (2) may obtain the number free of charge from the council. (4) An owner or occupier of land shall, within 7 days after the date specified in a notice served on that person by the council under clause (1)(b) or (2)(b), affix the number specified in the notice. (5) Where an owner or occupier of land fails within the time specified in clause (4) to affix a number, the council may, in accordance with section 116 of the Act, enter the land in respect of which a notice has been served under this by-law and affix 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. 45 Fireworks, &c. (1) A person shall not throw, cast, let off, ignite, explode or fire a firework of any type in, on or over a public place or make or assist in making a bonfire on a public place, or set off a fire, balloon or

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 19 rocket otherwise than in accordance with a permit issued by the Chief Inspector pursuant to the Dangerous Goods Regulations 1995. (2) A person who fails to comply with or contravenes this by-law is guilty of an offence. 46 General offences (1) A person shall not drive or propel a motor vehicle onto or over a park, garden or reserve. (2) A person shall not light or maintain a fire in a public place otherwise than in a designated fireplace or in accordance with a permit. (3) A person shall not interfere with, damage, deface or destroy any building, structure, fixture, equipment, plant or facility situated in or on a public place. (4) A person shall not, without a permit, pick, pluck or take a bud, flower or other part of a tree or shrub in a public place. (5) A person shall not 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. (6) A person shall not, without a permit, graze or allow to graze in a public place an animal of which the person is the owner or lessee. (7) A person shall not swim or bathe in waters within a public place or reserve otherwise than in accordance with a permit or with signs erected or posted by the council advising that the waters are a designated swimming area. (8) A person shall not urinate or defecate in a public place except in toilets provided for that purpose. 47 Camping and sleeping in public places (1) A person shall not: (a) camp; (b) sleep, including in a motor vehicle or tent; or (c) park a motor vehicle or erect a tent for the purpose of camping or sleeping, in a public place otherwise than: (d) in a caravan park or camping area; or

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 20 (e) in accordance with a permit (1A) For the purposes of this by-law, land is taken to be a caravan park or camping area (as the case may be) if: (a) the land is used for parking of caravans or the erection of tents for the purpose of providing accommodation to members of the public; and (b) the owner or occupier of the land receives payment from another person as consideration for permitting the person to park or live in a caravan or to erect or live in a tent on the land. (2) An authorized person may require a person who: (a) is camping or sleeping; or (b) has parked a motor vehicle or erected a tent, in contravention of clause (1) to do one or both of the following: (i) leave the public place; or (ii) remove the motor vehicle or tent to a place specified by the authorised person. (3) A person shall forthwith comply with any requirement of an authorized person under clause (2). (4) An authorised person may, where a person cannot be found within a reasonable time or where a person does not comply with a requirement under clause (2), obtain the assistance of a member of the Police Force to remove the motor vehicle or tent. 48 Removal of persons from park, garden or reserve (1) The council may remove or cause to be removed by an authorized person from a park, garden or reserve a person who commits a breach of these By-laws and may, by notice in writing served on that person, refuse that person entry to a park, garden or reserve for a period, not exceeding 6 months, specified in the notice. (2) A person on whom a notice under clause (1) has been served shall not enter a park, garden or reserve in contravention of the notice. 49 General penalty (1) A person who contravenes or fails to comply with a condition of a permit is guilty of an offence.

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 21 (2) A person who contravenes or fails to comply with these By-laws, a permit granted pursuant to these By-laws or a direction lawfully given pursuant to these By-laws by the council or an authorized person, is guilty of an offence and where no penalty is provided, is liable on conviction to a fine not exceeding $200 and $20 for each day during which the offence continues. (3) A person who is alleged to have infringed these By-laws and on whom a notice of infringement referred to in clause (5) is served may pay to the council in accordance with this by-law, the fixed penalty specified in clause (4) in lieu of the penalty by which the infringement of these By-laws is otherwise punishable. (4) For the purpose of this by-law: (a) the fixed penalty is $50; (b) the form of the notice of infringement shall be as specified in clause (5); (c) a notice of infringement may be issued by an authorised officer or the clerk in accordance with clause (6); (d) payment of a fixed penalty may be made to the clerk or a person authorised in writing by the clerk; and (e) payment of a fixed penalty shall be made not later than 14 days after the date on which the notice is given in order to avoid prosecution. (5) A notice of infringement referred to in clause (3) shall: (a) be identified by a serial number; (b) be addressed to the person who is alleged to have infringed these By-laws; (c) state in general terms the nature of the offence alleged to have been committed; (d) state the date, time and place of the alleged offence; (e) state in general terms that the person to whom it is addressed may elect not to be dealt with in the manner prescribed in subclause (f) but may have the alleged offence prosecuted in the Local Court where the person: (i) desires to contest the question whether the offence alleged was in fact committed;

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 22 (ii) desires to submit to the court any matter in mitigation of penalty; or (iii) elects for any other reason to have the offence prosecuted in the court; and (f) state in general terms that the person to whom it is addressed may, if the person does not elect to have the offence prosecuted in the Local Court: (i) complete the form attached to or written on the notice; and (ii) on or before such date, being a date not less than 14 days after the date on which the notice is given and within such hours as are specified in the notice, deliver or cause it to be delivered to the clerk or an officer specified in the notice as a person authorized by the clerk to receive the form and sums by way of penalty together with the sum of $50. (6) Where an authorized person informs the clerk that: (a) an offence has been committed against these By-laws; and (b) no notice has been served on the person who, it is alleged, has infringed these By-laws, the clerk may serve on that person a notice of infringement in accordance with clause (5). (7) Where: (a) in relation to an offence, a notice of infringement has been served under clause (5) or (6); and (b) payment of the sum of money by way of penalty and additional sum under subclause 5(f)(ii) specified in that notice has not been made in accordance with that notice, the prosecution for the offence may be commenced against the person alleged to have committed the offence. (8) The signature of the clerk shall be judicially noticed for the purpose of a prosecution for an offence. 50 By-laws, resolutions, &c., to be construed subject to power (1) These By-laws shall be read and construed subject to the Local Government Act 2019 and so as not to exceed the powers of the

Part V Miscellaneous Tennant Creek (Control of Public Places) By-laws 1989 23 council, to the intent that where a by-law would, but for this by-law, have been construed as being in excess of that power it shall nevertheless be a valid by-law to the extent to which it is not in excess of that power. (2) Where a resolution or motion is passed or determined purportedly in pursuance of these By-laws, the resolution, motion or determination shall be read and construed subject to the Local Government Act 2019 to the intent that where it would, but for this by-law, have been construed as being in excess of authority, it shall nevertheless be a valid resolution, motion or determination to the extent to which it is not in excess of authority.

Schedule Fee Tennant Creek (Control of Public Places) By-laws 1989 24 Schedule Fees Permit Fee An application for a permit referred to in by-law 24 $5 Granting a permit under by-law 25 As resolved by council A permit referred to in by-law 41 or 42 $35 A permit referred to in by-law 43 $40, or $30 per square metre or part of a square metre of the signboard, signpost, placard, flag, notice or writing, whichever is the greater amount A permit referred to in by-law 7(1), 20, 32 or 46(6) $25 Any other permit referred to in these By-laws $5

ENDNOTES Tennant Creek (Control of Public Places) By-laws 1989 25 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 Tennant Creek (Control of Public Places) By-laws (SL No. 18, 1989) Notified 9 August 1989 Commenced 9 August 1989 Statute Law Revision Act 2003 (Act No. 12, 2003) Assent date 18 March 2003 Commenced 18 March 2003 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2)

ENDNOTES Tennant Creek (Control of Public Places) By-laws 1989 26 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 45 and 50. 4 LIST OF AMENDMENTS bl 26 amd Act No. 8, 2016, s 45 bl 44 amd Act No. 28, 2008, s 4 bl 47 amd Act No. 12, 2003, s 17 bl 49 amd Act No. 8, 2016, s 45 bl 50 amd Act No. 39, 2019, s 370

1 TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989

The by-laws rely on a handful of cross‑cutting legal mechanisms and concepts that determine how the instrument will operate in practice.

Permit as gatekeeping device

The permit is the central mechanism. By-law 7(1) bars a set of specified activities unless carried out “in accordance with a permit granted by the council pursuant to this by-law.” Permits are also specifically required for stall trading (by-law 24(1)), for crossings and excavations (by-laws 13 and 20) and for various advertising, signage and building-in-public-place activities (Parts III-V). A permit is defined to include renewals and extensions (by-law 2). Permits can be granted, refused or revoked by the council (by-laws 7(3), 7(6), 25(1), 26).

Discretionary council decision‑making

Many operative clauses vest the council with discretion to set terms, conditions and form of permits (by-law 7(4), by-law 25(2)). The council may impose conditions, require deposits or bonds, set specifications (for crossings, by-law 13(2)-(3)) and determine forms and fees (Schedule; by-law 25(2), 13(2)). The delegation power (by-law 4) enables the council to have officers exercise these functions once it resolves to do so. Dispensations from compliance can be granted at a meeting with a two‑thirds quorum and majority vote (by-law 5).

Enforcement by offence, infringement notice and remedial work

The by-laws create criminal offences attracting fines. There is a general maximum penalty $200 and $20 per day for continuing offences where no penalty is specified (by-law 49(2)). Several by-laws specify particular penalties ($100 for contravening by-laws 33(1), 37 and 39). The instrument also creates a fixed penalty/infringement scheme: an authorised officer or clerk may serve a notice of infringement and offer payment of a $50 fixed penalty in lieu of prosecution (by-law 49(3)-(6)). Separately, the council can issue notices requiring landowners or occupiers to undertake works; failing compliance the council may carry out the works and recover expenses as a debt (by-laws 8(1)-(3), 9(1)-(4)).

Administrative recordkeeping and procedure

The clerk must keep a register of delegations, dispensations and permits (by-law 6). Applications are prescribed in form and substance: for general permits (by-law 7(2)) the applicant must provide the form required by council, a description of the public place, full applicant details, at least seven days’ notice and pay the Schedule fee. For stall permits (by-law 24(2)-(4)) the application must include name, goods type, proposed location, period and the Schedule fees. Permits for stallholders are non‑transferable and must be displayed on the stall while operating (by-law 25(3)-(4)).

Risk‑allocation by deposits and bonds

The council may require payment or a bond as security against the cost of compliance, reinstatement or remedial works (by-law 8(4), by-law 13(3)). Permit conditions may include an express reinstatement obligation for damage caused (by-law 7(5)). Where the council incurs expense under a notice to remedy, it may apply any deposit or bond and recover any shortfall as a debt (by-law 9(3)-(4)).

Public safety and traffic management

The by-laws regulate crossings, heavy loads and the use of particular equipment on roads (by-laws 12-22). The council may determine maximum permissible weights on bridges/culverts and post notices at approaches (by-law 17(2)-(3)). Use of chains, metal studs or grooved tracks on metalled or prepared roads is restricted absent a permit (by-law 21).

Scope limitations and statutory overlay

The by-laws are expressly “to be construed subject to the Local Government Act 2019” and to not exceed council powers under that Act (by-law 50(1)-(2)). Specific references to other regimes appear, notably the Traffic Act 1987 (definition of carriageway) and the Dangerous Goods Regulations 1995 (safety permit requirement for fireworks, by-law 45).

Regulation of public commerce and speech

The by-laws regulate temporary trading (stallholders, Part IV) and advertising activities (by-laws 39-43). Distribution of handbills, bill‑sticking and public using of amplification for commercial announcements require permits (by-laws 37, 39-40). Signboards and building advertising are subject to permits, size-based charges and maintenance obligations (by-law 43 and Schedule).

Temporal and spatial reach

The by-laws apply “to all public places within the municipality” (by-law 3). Road closure powers are time-limited to 48 hours for processions/entertainments and require newspaper notice (by-law 22(1)-(2)).

Taken together, the main conceptual architecture is a permit‑led, council‑centred regulatory regime combining administrative discretion, financial security mechanisms, specific criminal penalties and a fixed‑penalty enforcement alternative. The instrument regulates physical works, trading, public order, advertising and safety in public places, and it uses bonds, notices and the ability to carry out works to ensure compliance and cost recovery.

The by-laws place obligations, permissions and liabilities on a range of actors. The statutes themselves identify who is the target of specific provisions; the practical effect is that the following groups are affected.

Private individuals and members of the public

Ordinary users of public places are regulated by general prohibitions against camping, sleeping, urinating/defecating (by-laws 47(1), 46(8)), depositing offensive matter (by-law 34), causing undue noise (by-law 38), and against interfering with structures, flora or fauna in public places (by-law 46(1), (3)-(6)). A person who camps or sleeps in a public place in contravention of by-law 47 is required to leave when asked by an authorised person (by-law 47(2)-(3)).

Owners and occupiers of land abutting public places

Owners or occupiers who abut public places are specifically caught by the council’s power to require remedial works on their land where it affects the public place, to require crossing construction or repair (by-laws 8, 13-16), and to have costs recovered as a debt for non-compliance (by-law 9(2)-(4)). The council may serve notices requiring trimming or removal of overhanging trees on such owners or occupiers (by-law 30(1)-(2)).

Businesses and stallholders

Persons conducting commercial activity from stalls in public places must obtain a stall permit (by-law 24(1)). Stallholders must comply with conduct restrictions including keeping the site clean, not obstructing pedestrian or vehicular passage and not selling on prescribed days (by-law 27(1)-(2)). Permits are non‑transferable (by-law 25(4)) and may be revoked for specified reasons (by-law 26(1)).

Tradespeople and contractors performing works in public places

Any person seeking to construct a crossing, lay pipes/cables/conduits, excavate under roads, remove kerbing, or erect structures in public places must obtain the necessary permits (by-laws 13, 19, 20, 18, 32). The council may require works be performed only by persons “qualified or licensed” (by-law 8(2)); for crossings, specifications may be required or the council may prepare them and carry out the works for a charge (by-law 13(2)-(6)).

Vehicle operators, heavy‑load carriers and drivers

Drivers are restricted to approved crossings when passing footpaths (by-law 12). Heavy vehicles that exceed posted weights are prohibited without a written permit (by-law 17(1)-(3)). Using certain types of wheel attachments or dragging materials that damage road surfaces is prohibited absent a permit (by-law 21).

Advertisers, promoters and event organisers

Anyone distributing handbills, affixing posters, erecting billboards or using amplification for commercial announcements requires a permit (by-laws 37, 39-43). Event organisers seeking road closures for processions or public entertainment must obtain the council’s closure (by-law 22(1)-(3)) and comply with notice requirements.

Council officers and authorised persons

The by-laws create roles and responsibilities for the council, the clerk and authorised persons. The council is the decision-maker for grants, conditions and revocations of permits (by-laws 7, 25, 26). Delegation to officers is authorised by by-law 4 if the council resolves to delegate. The clerk must keep registers of permits and delegations (by-law 6). Authorised persons can require people to leave or remove structures, and serve notices or infringement notices (by-laws 47(2), 48, 49(6)).

Public safety authorities

The by-laws cross‑reference other statutory regimes which involve other agencies. For example, fireworks and open fires are subject to a permit from the Chief Inspector under the Dangerous Goods Regulations 1995 (by-law 45). The council may obtain police assistance to remove tents or vehicles where the occupant cannot be found or refuses to comply (by-law 47(4)).

Those bearing financial liability

The permit applicant, stallholder or owner/occupier required to carry out remedial works pays fees, deposits and costs of reinstatement. The council may recover expenditure it incurs as a debt from the owner/occupier (by-laws 8(4), 9(2)-(4)). Fixed penalties can be paid by the alleged offender to avoid prosecution (by-law 49(3)-(5)).

Who pays, who decides, who enforces

Who pays: applicants/permit holders, stallholders, and landowners/occupiers required to perform works or whose deposits are used to meet council expenses (by-laws 7(5), 8(4), 9(3)-(4), Schedule Fees).
Who decides: council as primary decision-maker; the council may delegate functions to officers (by-law 4), and the clerk and authorised persons carry out administrative and enforcement roles (by-laws 4, 6, 49(6)).
Who enforces: authorised council officers, the clerk (issuing notices of infringement), and, where necessary, the police to assist with removals (by-law 47(4)); prosecution proceeds in the Local Court if fixed penalties are not paid (by-law 49(5)(e), (7)).

Taken together, the by-laws affect almost anyone who uses or seeks to use public places in Tennant Creek: the public generally, local property owners, traders and stallholders, contractors and drivers, advertisers and event organisers, and council staff who administer and enforce the scheme.

The by-laws allocate duties (obligations) to private actors and vest rights and decision‑making with the council. Below are the principal duties and rights, tied to the specific provisions.

Key duties placed on private actors

Obtain and comply with permits

Duty to obtain a permit for the activities listed in by-law 7(1) (causing damage, conducting public meetings likely to interfere with other users, obstructing a public place, grazing animals, or carrying out activities for which a permit may be granted). Stallholders must obtain a permit under Part IV before conducting business from a stall (by-law 24(1), 25(1)-(3)).

Provide prescribed application information and timing

General permit applications must be in such form as the council requires, describe the public place, contain applicant details and proposed activity, be delivered at least seven days before commencement, and be accompanied by the Schedule fee (by-law 7(2)). Stall permit applications require specific particulars (by-law 24(3)) and the Schedule fee (by-law 24(4)).

Financial and security obligations

Permit holders must reinstate any damage to the public place to the council’s satisfaction as a condition of permits (by-law 7(5)). The council may require deposits or bonds to secure costs that it may incur (by-law 8(4), 13(3)). Where the council carries out remedial work following non-compliance, the cost is recoverable as a debt (by-law 9(2)-(4)).

Operational duties for stallholders

Stallholders must display permits in or on the stall while trading (by-law 25(3)), keep the stall site clean, display their name conspicuously, comply with council directions on location and siting, and avoid selling on prescribed days or creating nuisance (by-law 27(1)-(2)). Permits are non‑transferable (by-law 25(4)).

Restrictions on particular conduct

Specific duties or prohibitions are imposed: maintain signs/structures in good repair (by-law 43(2)-(3)), prevent spills of motor oil (by-law 21(4)), avoid undue noise (by-law 38), do not affix posters without permit or consent (by-law 40), do not use amplified sound without a permit (by-law 37).

Comply with notices and removal requirements

Where the council issues notices for remedial works under by-law 8, the owner/occupier must comply or risk prosecution (by-law 8(1),(5)). A person camping or sleeping in contravention must comply with authorised persons' directions to leave or remove vehicles/tents (by-law 47(2)-(3)).

Key rights and council powers

Council’s rights and powers

Grant, refuse or revoke permits and attach conditions (by-laws 7(3)-(6), 25(1)-(2), 26(1)-(2)). The council can require works and specify materials, timing and manner (by-law 8(1)). The council may carry out works on default and recover costs (by-law 8(3), 9(2)). It can require deposits or bonds (by-law 8(4)). It can close roads temporarily for up to 48 hours with newspaper notice (by-law 22(1)-(2)).

Delegation and administrative decision‑making

The council may delegate powers to officers including signing notices and doing acts ancillary to council functions (by-law 4(1)). Delegates are deemed for the by-laws to have exercised the council’s powers (by-law 4(3)). The clerk has record‑keeping duties (by-law 6).

Enforcement and remedial powers

Authorised persons can require persons to leave public places or remove vehicles/tents and may obtain police assistance where necessary (by-law 47(2)-(4)). The council may remove persons from parks and restrict re-entry for up to six months by notice (by-law 48(1)-(2)). Notices of infringement may be issued by authorised officers or the clerk and fixed penalties accepted to avoid prosecution (by-law 49(3)-(6)). The council may unilaterally replace house numbering and recover the cost as a debt where an owner/occupier fails to comply with numbering notices (by-law 44(5)).

Procedural protections and options for alleged offenders

A person served with a notice of infringement may elect to have the matter prosecuted in the Local Court instead of paying the fixed penalty. The notice of infringement must state this and specify the offence details and the timeframe for payment (by-law 49(5)(c)-(f)). Where the fixed penalty is not paid, prosecution may be commenced (by-law 49(7)).

Limits and statutory override

The by-laws are expressly subject to the Local Government Act 2019 and must be read so as not to exceed council powers (by-law 50(1)-(2)). Where a conflict or excess would otherwise arise, the by-laws are only valid to the extent of council’s authority under the Act.

Notable procedural duties

Some activities are time-sensitive; general permit applications must be lodged at least seven days before the intended commencement (by-law 7(2)(d)). Stall permits are valid for periods up to 12 months (by-law 25(2)(a)). Road closures are constrained to 48 hours (by-law 22(2)). Posters related to events must be removed within 7 days of the last event (by-law 40(3)(c)).

Overall the by-laws impose affirmative pre-authorisation duties for many ordinary activities in public places and create mechanisms for the council to impose costs, bonds and remedial requirements, to revoke permits, and to issue infringement notices or prosecute offences. Rights are mainly exercisable by the council: the right to grant or withhold permits, to impose conditions and recover costs, and to delegate functions to officers, while private parties retain procedural options such as contesting infringement notices in the Local Court.

The by-laws combine specified monetary penalties, a general penalty ceiling, a fixed‑penalty infringement scheme, and remedial cost recovery mechanisms. Enforcement actors include authorised council officers, the clerk, and, in limited circumstances, the police.

Monetary penalties provided in the by-laws

Specific by-laws set out express monetary penalties in situ:
- Washing and vehicle repairs in public places outside a designated area, penalty $100 (by-law 33(1), penalty noted immediately after the prohibition).
- Use of bells, musical instruments or amplification for commercial announcements without a permit, penalty $100 (by-law 37, penalty noted after the prohibition).
- Distribution of handbills, affixing posters or defacing pavements without a permit, penalty $100 (by-law 39, penalty noted with the prohibition).
General penalty framework: Where no specific penalty is provided, a person guilty of an offence under these By-laws is liable, on conviction, to a fine not exceeding $200 and $20 for each day during which the offence continues (by-law 49(2)).

Fixed‑penalty infringement scheme

By-law 49(3)-(7) sets out a formal infringement notice process:
- The council may offer a fixed penalty of $50 (by-law 49(4)(a)) in lieu of prosecution for alleged infringements.
- The notice of infringement must include specific identifying information, describe the alleged offence, and inform the recipient of the choice to contest the matter in the Local Court (by-law 49(5)(a)-(f)).
- Payment must be made within 14 days after the notice date to avoid prosecution (by-law 49(4)(e), 49(5)(f)(ii)).
- Notices may be issued by an authorised officer or the clerk (by-law 49(4)(c), (6)).
- If the fixed penalty is not paid, the council may commence prosecution in court (by-law 49(7)).

Enforcement powers and remedies beyond fines

Notices to undertake works: The council can serve written notices on owners/occupiers requiring specified works be carried out within a specified time, in particular materials and manner (by-law 8(1)). Failure to comply with such a notice is an offence (by-law 8(5)). The council may, on default, carry out the works itself and recover costs from the owner/occupier as a debt (by-law 8(3), 9(2)).
Application of deposits/bonds: Where a deposit or bond was lodged as a permit condition, the council may apply that sum to defray the expense it incurs in carrying out required works; any shortfall is recoverable as a debt (by-law 9(3)-(4)).
Revocation and immediate effect: A council may revoke stallholder permits for listed reasons, and such revocations take effect immediately on service of notice (by-law 26(1)-(2)). Revocation is also available where a permit holder fails to maintain an object, sign or fence to the council’s satisfaction (by-law 10(2)).
Removal and exclusion: Authorised persons may require persons camping or sleeping in contravention of by-law 47 to leave or remove vehicles/tents; the council may remove persons from parks/gardens/reserves and issue written notices refusing entry for up to six months (by-law 47(2)-(4), by-law 48(1)-(2)). Police assistance may be obtained for removals where a person cannot be located or refuses to comply (by-law 47(4)).
Stop and search or seizure powers are not conferred by these by-laws; removal and remedial works and prosecutions are the principal enforcement methods.

Administrative enforcement and recordkeeping

The clerk’s signature on documents is judicially noticed for prosecution (by-law 49(8)). The clerk is also the person who keeps the register of delegations, dispensations and permits (by-law 6), and may be the person to whom infringement notice payments are made (by-law 49(4)(d)).
Delegation to officers allows authorised persons to issue notices and act on the council’s behalf where the council has resolved to delegate (by-law 4).

Interaction with court processes

The infringement scheme contemplates prosecution in the Local Court if the fixed penalty is not paid or not elected. The notice must advise the alleged offender of the right to elect to have the matter prosecuted and to present mitigation or contest the factual question in court (by-law 49(5)(e)(i)-(iii)). This ties enforcement to ordinary judicial processes where the fixed penalty is not accepted.

Practical enforcement implications

The council can effectively convert non-compliance into the council’s own expenses, secured by deposits or recovered directly as a debt, which provides a direct fiscal enforcement lever beyond criminal fines (by-laws 8(4), 9(2)-(4)). The short maximum criminal fine (where unspecified) indicates that the instrument’s practical deterrent for ongoing compliance relies as much on the council’s ability to impose costs and revoke permits as on criminal sanctions.

Summary of who enforces and how

Council and authorised officers issue permits, notices and infringement notices (by-laws 4, 6, 49(6)). The clerk handles registration and may receive payments (by-law 6, 49(4)(d)). Police may be engaged to assist in removals (by-law 47(4)). Unpaid infractions can be prosecuted in the Local Court (by-law 49(5)-(7)). The council may undertake remedial works and recover costs from owners/occupiers as a debt (by-laws 8-9).

The by-laws are explicitly subordinate legislation and are designed to operate within and alongside other statutory regimes. The instrument itself contains textual hooks to other Northern Territory legislation and to administrative law principles. The principal interactions are the Local Government Act 2019, the Traffic Act 1987, the Dangerous Goods Regulations 1995, and Local Court procedure.

Local Government Act 2019

The by-laws are framed as by-laws under the Local Government Act 2019 (header). By-law 50 expressly requires that these by-laws be “read and construed subject to the Local Government Act 2019 and so as not to exceed the powers of the council” (by-law 50(1)). By-law 50(2) extends the saving to council resolutions and motions purportedly made under the by-laws, indicating that where a by-law would otherwise exceed council authority, it is only valid to the extent it is within the Act. The Endnotes identify the Local Government Act 2019 as amending bl 50 (Endnotes list bl 50 amended by Act No. 39, 2019, s 370), and record commencement details for parts of that Act (Endnotes part 2). Practically, any exercise of power under these by-laws must be within the authority the Act confers on the council.

Traffic Act 1987 and road definitions

The by-laws adopt statutory definitions in the Traffic Act 1987; for example, carriageway is defined by reference to the Traffic Act 1987 in by-law 2. Several provisions regulate vehicle movement onto footpaths, crossings, bridges and culverts (by-laws 12, 13, 17, 21). Those provisions therefore must operate compatibly with traffic management and road rules under the Traffic Act and associated road traffic legislation.

Dangerous Goods Regulations 1995

Fireworks, bonfires, rockets and certain pyrotechnic activities in public places are prohibited except “in accordance with a permit issued by the Chief Inspector pursuant to the Dangerous Goods Regulations 1995” (by-law 45(1)). The by-law therefore defers to the Dangerous Goods regulatory regime for authorisation of hazardous activities and does not itself table technical licensing requirements.

Local Court and infringement processes

The infringement notice scheme contemplates prosecution in the Local Court where a person elects not to accept the fixed penalty or fails to pay (by-law 49(5)(e), (7)). This links the by-laws to court procedural rules and enforcement mechanisms in the criminal justice system.

Other statutory overlays and permits

By-law 19 is subject to “any other law in force in the Territory,” expressly recognizing that other statutory regimes may regulate laying of pipes, cables, conduits or works in public places. The council’s permit powers therefore operate alongside those other statutory consents. For example, utilities with statutory rights or licences may hold particular entitlements that intersect with by-law requirements; the by-laws do not extinguish other legal rights but require compliance with local permit processes unless inconsistent with other law.

Debt recovery and local government powers

The by-laws allow the council to recover costs of works it performs as a debt due and payable (by-law 9(2), 9(4)). Recovery as a debt will be governed by the civil enforcement procedures under Territory law and council powers under the Local Government Act 2019 for recovering rates, charges and other debts.

Administrative law and delegation

By-law 4 permits the council to delegate functions to officers and to authorise them to sign and perform documents and acts. Delegation must be by resolution of council; the council must therefore exercise internal governance consistent with the Act’s delegation rules. Delegates, when acting, are deemed for these by-laws to have exercised the council’s powers (by-law 4(3)), but delegations will be subject to administrative law limits , the by-laws do not alter judicial review rights or the need for lawful exercise of delegated discretion.

Construction and supremacy

The saving clause in by-law 50 makes explicit that if a by-law would go beyond council power under the Act, it is to be read only to the extent of council authority. This provides a textual overlay that requires officers and courts to interpret by-laws in light of the Local Government Act 2019 rather than as freestanding primary legislation.

In practical terms, the by-laws create local procedural and substantive obligations that interact with broader statutory regimes by:

Requiring applicants to obtain council permits in addition to any required licences or permissions under other legislation (by-law 7(2), 19);
Deferring to technical safety regimes for hazardous activities (by-law 45);
Interlocking with traffic and road rules where footpaths, carriageways and vehicle movements are concerned (by-laws 12, 17, 21 and definitions referencing the Traffic Act 1987);
Using Local Court processes for prosecutions when fixed penalties are not paid (by-law 49).

Any person or private entity operating in public places should therefore check the requirements of the by-laws alongside other statutory obligations, since compliance may require multiple permits and coordination among agencies.

The reprint includes endnotes that record the instrument’s original notification and subsequent amending Acts. The legislative history in the provided source is as follows.

Original instrument

Tennant Creek (Control of Public Places) By‑laws (SL No. 18, 1989), notified 9 August 1989 and commenced 9 August 1989 (Endnotes part 2).

Subsequent consequential and formal amendments recorded in the reprint

Statute Law Revision Act 2003 (Act No. 12, 2003): Assent date 18 March 2003, commenced 18 March 2003. The Endnotes record that by-law 47 was amended by Act No. 12, 2003, s 17 (Endnotes part 2; list of amendments, bl 47 amd Act No. 12, 2003, s 17).
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008): Assent date 14 November 2008; commenced 1 July 2008 (s 2). The Endnotes record that by-law 44 was amended by Act No. 28, 2008, s 4 (Endnotes part 2; list of amendments, bl 44 amd Act No. 28, 2008, s 4).
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016): Assent date 6 April 2016; commenced 1 May 2016 (s 2 and related provisions per Endnotes). The Endnotes record that by-law 26 and by-law 49 were amended by Act No. 8, 2016, s 45 (list of amendments: bl 26 amd Act No. 8, 2016, s 45 and bl 49 amd Act No. 8, 2016, s 45).
Local Government Act 2019 (Act No. 39, 2019): Assent date 13 December 2019. The Endnotes record commencement details for parts of the Act: part 8.6 commenced 1 July 2022; remainder commenced 1 July 2021 (Gaz S27, 30 June 2021). The Local Government Act 2019 amended by-law 50 (list of amendments: bl 50 amd Act No. 39, 2019, s 370).
Statute Law Revision Act 2020 (Act No. 26, 2020): Assent date 19 November 2020; commenced 20 November 2020 (s 2). This act effected general formal amendments noted in Endnotes part 3 as making formal amendments to by-laws 1, 2, 45 and 50.
Local Government Amendment Act 2021 (Act No. 15, 2021): Assent date 25 May 2021; commenced 26 May 2021 (s 2). The Endnotes list this as an amending instrument in the reprint.

Endnotes and general amendments

Endnotes part 3 notes that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to several by-laws (1, 2, 45 and 50); these are procedural/formatting amendments rather than substantive policy changes.

List of amendments (as summarised in the reprint)

bl 26 amended by Act No. 8, 2016, s 45;
bl 44 amended by Act No. 28, 2008, s 4;
bl 47 amended by Act No. 12, 2003, s 17;
bl 49 amended by Act No. 8, 2016, s 45;
bl 50 amended by Act No. 39, 2019, s 370.

Practical effects of amendments

The reprint indicates that there have been modernising and consequential amendments to ensure compatibility with newer primary legislation (Local Government Act 2019) and with Local Court procedure reforms. The record indicates the by-laws have been updated formally and to maintain operational compatibility with Territory-wide legislative changes. The Schedule of fees appears in the original instrument and reprint; fee amounts are specified in the Schedule and various permit fees are described there.

How to read the amendment history

For precise textual changes one must consult the amending Acts cited (the Endnotes provide the Act name and section), and compare the current reprinted text against earlier versions. The Endnotes in the reprint identify where particular by-laws were specifically amended and where general formal amendments were made for consistency.

The reprinted by-laws and their endnotes, as provided, do not list or refer to any judicial decisions, reported cases or litigation history that interpret these by-laws. The source includes no case law citations or summaries.

Practical consequences of the absence of recorded litigation in the reprint

The absence of litigation references in the instrument does not mean the by-laws have never been the subject of proceedings; it means the reprint does not include any annotated case law or reported decisions as part of its endnotes. Where practitioners or affected parties require authoritative judicial interpretation of specific by-law provisions (for example, the scope of council discretion under by-law 7, the construction of notices under by-law 8, or the validity of a delegation under by-law 4), they should search Territory court databases, Local Court and higher court decisions, and unreported judgments for any contested enforcement actions or judicial review proceedings.
Enforcement uses the Local Court for prosecution of offences and ordinary civil procedure for debt recovery where the council seeks to recover costs as a debt (by-laws 9(2)-(4) and 49(5)-(7)), so relevant litigation may appear among Local Court files rather than in higher court reports.

Recommended next steps for litigation research

Search the Northern Territory Local Court and Supreme Court databases, and any consolidated local government litigation repositories, for reported and unreported cases involving the Tennant Creek by-laws. In particular, look for cases concerning:
- Validity and scope of council notices under by-law 8 and the council’s power to carry out works and recover costs (by-laws 8-9).
- Challenges to infringement notices or prosecutions under by-law 49, including procedural compliance in notices of infringement (by-law 49(5)).
- Judicial review claims regarding the exercise of discretionary powers, delegations under by-law 4, or alleged excess of power contrary to the Local Government Act 2019 as contemplated by by-law 50.

Because the reprinted instrument contains no litigation history, practitioners should assume the need to conduct primary case searches for authoritative judicial guidance.

Several practical traps and compliance pitfalls arise from the by-laws’ structure and drafting. These are concrete operational issues that often catch users and advisers unprepared. The following items should be noted when advising clients or planning activities in Tennant Creek public places, with specific by-law references.

Broad coverage of “public place”

By-law 3 states the by-laws “apply to all public places within the municipality,” and by-law 2 defines public place expansively. Activities that might seem minor,placing goods, leafleting, erecting temporary signs or staging a street stall,can fall within the permit regime (by-laws 7, 23-27, 39-43). Do not assume a narrow spatial or temporal exception.

Permit pre‑conditions and timing

General permit applications must be delivered at least seven days prior to the proposed commencement of the activity (by-law 7(2)(d)). Failure to allow lead time can mean denial or late issuance. For crossings, no work may commence before a permit is issued (by-law 13(4)); by-law 13(5) confirms that work begun prior to issue is not deemed compliant. Plan early.

Deposit and bond exposure

The council may require a deposit or bond as security against costs it may incur (by-law 8(4), 13(3)). A deposit can be applied by the council to pay for remedial work if the permit holder or owner/occupier defaults, and any shortfall is recoverable as a debt (by-law 9(3)-(4)). Applicants should anticipate the possibility of upfront security and budget accordingly.

Immediate revocation and loss of rights

The council may revoke permits and revocation takes effect immediately upon service of notice for stallholders (by-law 26(2)). There is no prescribed stay. Businesses relying on a stall permit should plan for continuity risks, and consider the limited right to contest revocation (appeal avenues are not specified in the by-laws; instead, ordinary judicial review or court proceedings are implied).

Non‑transferability of stall permits and display obligations

Stall permits are non‑transferable (by-law 25(4)) and must be displayed while trading (by-law 25(3)). Attempts to assign or operate a stall under someone else’s permit can trigger revocation (by-law 26(1)(iii)-(iv)). If a business model relies on third‑party operation, the non-transferability is a critical constraint.

Narrow and sometimes low maximum criminal fines

The general maximum fine where no penalty is specified is $200 plus $20 per day (by-law 49(2)). For some modern regulatory harms, that maximum may be modest. However, the council’s ability to require works and recover costs, and to apply deposits, is where significant financial exposure lies (by-laws 8-9). Advisers should therefore focus on exposure to cost recovery rather than only the criminal fine.

Fixed‑penalty notice procedural requirements

Notices of infringement must comply with by-law 49(5)’s content requirements (serial number, addressee, offence description, time/place, and advice about electing to go to the Local Court). Procedural irregularities in notices may be grounds for contesting enforcement. Practitioners should review any served notice for technical compliance before advising on payment.

Overlap with other statutory regimes

By-law 45 defers to the Dangerous Goods Regulations 1995 for fireworks and related activities. By-law 19 is subject to “any other law in force in the Territory”. Activities that require State or Territory licences (utilities, dangerous goods, heavy vehicle permits under the Traffic Act) may also need council permits; the permit requirement does not displace other regulatory consents. Failure to secure the relevant external licence may render even a council permit insufficient.

Delegation technicalities

By-law 4 permits delegation by council resolution. Delegation errors (unauthorised officer acting without a proper council resolution) can vitiate an action taken in the officer’s name. Ensure any enforcement action or permit decision taken by an officer is properly authorised; the clerk’s register must record determinations made under by-law 4 (by-law 6).

Immediate exposure to council emergency action

The council may carry out required works where the owner/occupier defaults and recover costs (by-law 8(3)). The council may indicate it will carry out the works “if requested” at the expense of the person served with a notice (by-law 8(6)). Owners should not treat a notice lightly; non-compliance will result in immediate execution of remedial works and cost recovery as a debt.

Advertising and speech constraints

Distribution of handbills, use of public address equipment, and affixing posters without licence are prohibited without permit and carry specific $100 penalties (by-laws 37, 39, 40). Public communications planning for events or commercial promotions must account for permit application lead times and maintenance/removal obligations (by-law 40(3)).

Road closure notification formalities

Road closures for processions/entertainments require a notice in a local newspaper and are limited to 48 hours (by-law 22(1)-(3)). Organisers must comply with the procedural requirement (newspaper notice) as well as the time limit.

Numbering obligations and cost recovery

Where the council requires numbering changes (adoption/alteration of a plan of numbering), the owner/occupier must comply within seven days of notice; if not, the council may enter and affix the number and recover the cost as a debt (by-law 44(4)-(5)). Quick compliance is necessary to avoid expense.

Park removal and exclusion without judicial process

The council can remove a person from a park or garden for breaches and refuse entry for up to six months by notice (by-law 48(1)). This is an administrative exclusion with immediate effect on service. Affected persons should treat such notices as urgent and seek legal advice promptly.

Recordkeeping and proof

The clerk’s signature is judicially noticed in prosecutions (by-law 49(8)), indicating the administrative records and formalities maintained by the clerk will be important in court. Parties facing enforcement should request and review council records, copies of notices, and the clerk’s register (by-law 6).

In short, the “gotchas” arise from the combination of broad substantive coverage, procedural preconditions (timing, forms, deposits), council discretion (grant/revocation), mechanisms for immediate cost allocation (bonds, council-performed works and debt recovery), and modest criminal fines coupled with practical financial exposures. Advisers and businesses should prioritise early permit engagement, careful record of delegation and notices, and budgeting for potential bonds or remedial liabilities.

Compliance with the by-laws requires a combination of preventive actions, procedural fulfilment and operational discipline. The following practical checklist and recommendations are anchored in specific by-law provisions and the Schedule fees.

Identify whether the activity is regulated and which permit is required

Review by-law 7(1) and Parts III-V to determine if your proposed activity falls within the permitable categories: damage to public place, public meetings, obstructions, grazing, stalls, crossings, excavations, advertising, distribution of handbills, use of musical amplification, vehicle repairs/washing, fireworks, signage, etc. If the activity is trading from a stall, consult Part IV (by-laws 23-27). For works in roads or footpaths, consult Part III (by-laws 12-22).

Prepare and lodge the correct application well in advance

General permit applications must be in the form the council requires and delivered not less than seven days prior to commencement (by-law 7(2)(a),(d)). Ensure the application includes: description of the public place, full applicant details, details of the proposed use or activity, start date, and any other particulars required by council (by-law 7(2)(b)-(c)).
Stall applications must include name/address, type of goods, proposed stall location, period required and any other particulars the council requires (by-law 24(3)).
For crossings, include specifications or request the council to prepare specifications and carry out the work (by-law 13(2)(a)-(b)).

Budget for fees, deposits and bonds

Pay the listed application fee in the Schedule: e.g. an application for a stall permit $5 (Schedule). Granting a stall permit is “As resolved by council” (Schedule); other fees specified include $35 for permits under by-laws 41 or 42, $40 or $30 per square metre for by-law 43 signboards, $25 for permits under by-law 7(1), 20, 32 or 46(6), and $5 for other permits. Expect the council may require a deposit or bond for security against costs (by-law 8(4), 13(3)). Obtain clarity from the council at application stage about any required security.

Comply with permit conditions and maintenance obligations

Where a permit is granted, it will be valid for the period the council specifies and subject to endorsed conditions (by-law 7(4)). For stallholders, permits are valid for up to 12 months and may carry specific conditions; display the permit on the stall while operating (by-law 25(2)-(3)). Reinstate the public place after works to the council’s satisfaction (by-law 7(5)). Maintain signs, structures and stalls in good repair as required (by-laws 10, 27(1)(c), 43(2)). Non‑maintenance may lead to permit revocation (by-law 10(2)).

Follow notice and remediation obligations promptly

If the council serves a notice under by-law 8 requiring works, comply with the specification and timeframe. If you do not comply, the council may perform the works and recover costs as a debt (by-laws 8(3), 9(2)). If the council also demands a deposit or bond, lodge it promptly to avoid denial of the permit. Keep records of service of notices and any correspondence.

Honour traffic and safety requirements for vehicle works

Use approved crossings when driving over footpaths unless you have a permit (by-law 12). Obtain written permission for heavy loads on bridges/culverts where the council has posted weight limits (by-law 17(2)-(3)). Do not use chains, studs, or potentially damaging traction on prepared road surfaces without a permit (by-law 21).

Manage advertising, handbills and event notices to avoid contraventions

For handbills, posters or bill-sticking, apply for the relevant permit (by-laws 39-40). If you affix event posters, preserve cleanliness, remove torn/worn posters, and remove posters within 7 days of the last event (by-law 40(3)). For amplified announcements or music, obtain the permit under by-law 37.

Keep stall operations compliant

Stallholders must display their permit, keep the site clean, comply with council directions about siting, and avoid obstructing passage (by-law 27). Avoid assignment or transfer of permits (by-law 25(4)) and be aware the council may revoke a permit on conviction of an indictable offence or for nuisance or breach of by-laws (by-law 26).

Prepare for infringement notices and potential prosecution

If you receive a notice of infringement under by-law 49(5), note the serial number, the alleged offence, the date/time/place, and the deadline for payment (14 days). You may elect to contest in the Local Court rather than pay the $50 fixed penalty; the notice must inform you of this right (by-law 49(5)(e)). Seek timely legal advice if you intend to contest the matter.

Ensure any delegated officer action is proper and records exist

Where decisions or enforcement come from council officers, confirm that a council resolution delegates the authority in question (by-law 4). The clerk’s register should record delegations, dispensations and permits (by-law 6). Retain copies of council resolutions, the clerk’s register entries, permits and any correspondence regarding conditions.

Use the council’s notification channels where required

Road closures for processions or entertainment must be publicly advertised in the local newspaper (by-law 22(1)). Confirm the council’s procedural requirements early to comply with the 48‑hour limit (by-law 22(2)).

Engage early with council on technical works and specifications

For crossings and road kerb removals, the council may prepare specifications and carry out the work; alternatively, the applicant may propose specifications (by-law 13(2)-(6)). For excavations abutting public places that exceed 300 mm depth and are less than one metre from the boundary, obtain a permit (by-law 20(2)(b)). Where there is any doubt about technical standards, get the council’s specifications in writing before starting work.

Keep records and proof of compliance

Record lodgement dates for applications, copies of permits, evidence of payments and any bonds lodged. Keep photographic records of pre- and post-work conditions to evidence reinstatement obligations being met and to defend any subsequent claims that damage occurred.

Consider insurance and contractual protections

Given the combination of reinstatement obligations, potential council works and cost recovery, ensure contracts with contractors/third parties allocate liability for damage to public places, and that insurance policies cover required indemnities and council-ordered remedial works.

If in doubt, seek clarification or legal advice

Where a planned activity intersects multiple by-laws or external laws (e.g., Dangerous Goods Regulations 1995 for fireworks, Traffic Act for heavy vehicles), request written confirmation from the council about required consents and any required external licences, and obtain legal advice where the council’s decision is contested or where revocation or infringement notices are served.

Following these steps will reduce the risk of enforcement action, immediate revocation of permits, costly remedial works performed by the council, and prosecution. The central compliance tasks are early engagement with the council, careful completion of application forms with the required detail, budgeting for possible bonds or deposits, and maintaining compliance with permit conditions and maintenance obligations.

TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989

Plain English Summary

Deep Dive

What it does

Current sections

TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989

Source text: opening excerpt

1 TENNANT CREEK (CONTROL OF PUBLIC PLACES) BY-LAWS 1989

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply