TENNANT CREEK (GARBAGE) BY-LAWS 1989

The by-laws define several key concepts that shape their operation. “Garbage” means refuse, rubbish, and waste matter. This definition is broad and inclusive, covering domestic, commercial, and industrial waste. It does not exclude green waste, recyclable materials, or hazardous items, meaning the by-laws potentially apply to all waste streams unless another regulation provides otherwise. “Premises” is defined very broadly: it includes dwelling-houses, flats, units, duplexes, caravans, camps, tents, hostels, boarding-houses, offices, shops, factories, depots, workshops, mills, slaughterhouses, warehouses, hotels, restaurants, eating-houses, and any land, building, or establishment used for business, trade, or residential purposes. Where a building is let or occupied in more than one separate unit, each unit occupied by a separate person is treated as separate premises. This definition extends the by-laws’ reach to temporary accommodation (tents, camps), commercial premises, and multi-unit buildings, imposing obligations on each individual occupier rather than the building owner. A person living in a tent on vacant land is an occupier of premises and must provide an approved garbage receptacle.

The term “garbage receptacle” is not defined but is heavily regulated by by-law 4(3). The council must not approve a type of receptacle unless it has a capacity not exceeding 240 litres, is impervious to moisture and vermin, and is fitted with wheels and handles. This standardisation limits occupier choice: you cannot use a bin larger than 240 litres or one without wheels, even if your waste generation or physical circumstances suit a different design. The council controls the approval process, and there is no requirement that the council make an approval in a timely manner or that it approve more than one type. In practice, the council might effectively become the sole supplier of approved bins, creating a local monopoly.

“Authorised person” is not defined within the by-laws themselves but would be a person authorised by the council under the Local Government Act 2008. That person has powers to require destruction of animals, enter premises to inspect for carcasses, and carry out work in default. The breadth of these powers is notable: a council officer can require an owner to “immediately” destroy an animal at large that is deemed likely to be a danger. There is no requirement for a warrant, a veterinary assessment, or an opportunity for the owner to contest the determination before complying. The notice is by writing, but the timeframe is immediate, leaving no practical room for challenge.

The by-laws also introduce the concept of a “licence” for use of a garbage dump. The licence is a personal permission granted by the council upon application and payment of a fee. It may be subject to conditions endorsed on the licence. There is no limit on what conditions the council may impose; they can be arbitrary or unrelated to waste management. The council may also decide that a class of persons must obtain a licence (e.g., all commercial waste operators) or that no licence is required for residents. This discretion allows the council to tailor the licensing regime, but also creates uncertainty for businesses that may be required to hold a licence without clear criteria for grant or refusal.

The by-laws primarily affect occupiers of premises within the Tennant Creek municipality. “Occupier” is not defined but would generally mean the person in actual possession or control of the premises, whether as owner, tenant, licensee, or even a squatter. Given the broad definition of “premises,” the by-laws apply to residents of houses, flats, caravans, tents, and commercial establishments. Each separate unit in a multi-unit building is separately covered, so a tenant in a flat must provide and maintain a garbage receptacle, even if the landlord provides a shared bin. This can lead to confusion over responsibility: the by-laws impose the duty on the occupier, but the landlord may have a separate contractual obligation. The occupier bears the compliance burden and risk of penalty.

Commercial operators, such as shops, restaurants, and factories, are also occupiers. They must comply with the same receptacle requirements, including the 240-litre capacity limit, which may be insufficient for businesses that generate large volumes of waste. The requirement to cleanse the receptacle with antiseptic every four weeks is a recurring cost and operational chore not typically required for commercial bins under other council schemes.

Persons who interfere with garbage receptacles are also affected. By-law 5 prohibits touching, using, removing, marking, damaging, or otherwise interfering with a receptacle unless the person is the occupier, their servant or agent, a council servant or agent acting within duties, or a council garbage contractor acting in due performance of the contract. This means a neighbour cannot move a bin that has fallen over, a passer-by cannot take something from a bin, and even a postal worker cannot touch a bin to get past. The prohibition is strict and could catch innocent actions like a child playing with a bin lid.

Dump users are affected by the licensing provisions. Any person who wishes to deposit or remove garbage from a council dump must comply with the notice requirements. If the council has decided that a licence is required, only licence holders may use the dump. This includes residents who may have used the dump freely in the past. The council sets the fee and conditions, and it can refuse an application without giving reasons. Commercial waste collectors, building contractors, and demolition firms are particularly exposed because they rely on access to the dump to operate. The licensing system creates a barrier to entry: a new waste removal business must obtain a licence and pay a fee that may be set to recover council costs or, potentially, to raise revenue.

Animal owners are affected by Part IV. If an animal is at large in a public place and is diseased, injured, or likely to be dangerous, the owner can be directed to immediately destroy, remove, or dispose of it. The notice is in writing and requires immediate compliance, which may be impossible if the animal cannot be located or if the owner lacks the means to destroy it. The owner then faces either compliance (and loss of the animal) or prosecution. Dead animal carcasses on premises must be buried or destroyed by the occupier or owner, and failure to do so leads to council intervention and cost recovery.

Council officers, servants, and contractors are affected in that they have authority to act within the scope of their duties. They are exempt from the interference prohibition and may enter premises under section 116 of the Act to inspect for dead animals. They may also be directed by the council to enforce the by laws, issue notices, and carry out work in default.

The central duty imposed on occupiers is set out in by-law 4. An occupier must keep on the premises one garbage receptacle of a type that the council has approved by resolution. The duty is not to have a sufficient number for the waste produced; it is simply to have at least one. If a household generates more waste than one 240-litre bin can hold, the occupier must either store the excess on the premises (which may attract vermin or cause odour, creating a separate offence) or find alternative disposal. The duty also requires the occupier to maintain the receptacle in good order and condition, and not to cause or permit it to attract or harbour insects or vermin, become unsightly, cause offensive odour, or otherwise become a danger to public health or interfere with the comfort of neighbours or passers-by. This is a strict duty: the occupier is liable even if the condition arises from third‑party interference (e.g., a bird nesting in the bin) unless the occupier can show they took reasonable steps to prevent it. The duty to keep the lid closely fitted at all times, except when adding or removing garbage, is also strict and can be breached by something as simple as the wind blowing the lid off while the bin is on the footpath.

The duty to deposit all garbage produced on the premises into the receptacle is subject to an exception for lawful destruction by fire. This allows burning of garbage that is capable of being burned. However, burning garbage may contravene other environmental or fire-safety laws, and the exception only applies if the burning is lawful. In many residential areas, burning waste is prohibited by local government or environmental regulations, so this exception may be practically unavailable. The duty to wrap wet garbage effectively before placing it in the receptacle imposes a standard that is not defined. What counts as “effective” wrapping? A plastic bag tied closed? Newspaper? The by-law does not say, creating uncertainty and leaving enforcement to the discretion of council officers.

Occupiers must indelibly mark or paint on the lid and body of the receptacle the street number and name of the premises, or the lot number of the land. This requirement is easily overlooked and is separate from any council-provided identification stickers. Failure to mark the bin is an offence.

Occupiers have the right to have their garbage collected by the council’s service (if the council provides one), but the by-laws do not oblige the council to provide a collection service. The duty to place the bin out for collection arises only “on the day or days and at the time notified by the Council in a newspaper circulating in the municipality.” If the council does not publish such a notice, the obligation to place the bin out may not arise, but the other duties (maintenance, cleaning, etc.) remain. The occupant also has the right to have the bin returned approximately to its original location after collection, per by-law 6. However, this duty falls on the person engaged in collection, not the council itself. If a contractor fails to return the bin, the occupant may have no direct remedy under these by-laws.

Occupiers and owners of premises with dead animal carcasses have a duty to cause the carcass to be buried or destroyed. This arises immediately upon the carcass being on the premises, without waiting for a council direction. The by-law does not specify a time limit, but the common law would require it within a reasonable time. If the person fails to do so, the council can direct compliance and then do the work and recover the cost.

Licence holders under by-law 8 have the right to access the garbage dump in accordance with the conditions and within the specified hours and days. But the licence is revocable or subject to change without a hearing; the by-laws do not provide for renewal rights or stability of terms. The council may also impose new conditions by endorsing them on the licence, presumably after grant, giving the council power to alter the terms of access without the licence holder’s consent.

By-law 12 creates a general penalty provision: any person who offends against a direction or prohibition in the by-laws is guilty of an offence and liable to a penalty not exceeding $500, plus a daily penalty not exceeding $50 for each day the offence continues. This means that ongoing non‑compliance (e.g., failing to clean the bin every four weeks) can accrue substantial fines over time. The daily penalty is additional to the initial penalty, not a substitute. The provision is drafted broadly: “where a matter or thing is by these By-laws directed or prohibited to be done” captures every duty and prohibition. There is no separate penalty for each by-law; all are swept into this general provision, except for the specific offences under by-law 9 which explicitly state “Penalty: $500.” For those dump‑related offences, the by-law itself sets the penalty, but by-law 12 may still apply the daily penalty for continuing contraventions, creating some ambiguity.

By-law 13 provides for recovery of expenses. If the council incurs an expense as a consequence of a breach of the by-laws, or if work required by the by-laws is not executed by the person required to do it, the council may recover that expense from the person as a debt due. This is in addition to any penalty imposed. For example, if the council hires a contractor to clean a vermin-infested bin because the occupier failed to maintain it, the council can charge the occupier for the cleaning cost. If the council destroys an animal carcass because the owner failed to do so, the council can recover the cost. This cost-recovery power can significantly exceed the $500 penalty, particularly for expensive work like disposing of a large dead animal or cleaning hazardous waste.

Enforcement is left to the council and its authorised officers. There is no provision for infringement notices (on‑the‑spot fines) in the by-laws themselves, though such notices could be authorised under the Local Government Act or other legislation. More likely, enforcement would be through prosecution in the Local Court. The burden of proof would be on the council to prove the elements of the offence beyond reasonable doubt, but many duties are strict liability (no mens rea required). For example, the offence of failing to keep the lid fitted is likely strict: it is enough that the lid was not fitted, regardless of intention.

The council also has practical enforcement tools: it can issue notices under Part IV for animal-related matters, and if not complied with, carry out the work and charge the person. There is no right of appeal in the by-laws against a notice or a refusal of a licence. A person aggrieved could apply for judicial review on grounds of unreasonableness, procedural unfairness, or error of law, but that is an expensive and time-consuming process. The by-laws thus confer significant discretion on the council with limited accountability mechanisms.

The maximum penalty of $500 per offence may seem low, but for a small town like Tennant Creek, it could be meaningful for an individual. For a business, the cumulative effect of a daily penalty plus cost recovery could be substantial. For example, a waste removal company that uses the dump without a licence could face a penalty of $500 per offence (possibly per visit) plus $50 per day for the ongoing contravention, and the council might also seek to recover the cost of enforcing the licence requirement.

These by-laws are made under the Local Government Act 2008 (NT). That Act provides the enabling power and sets procedural requirements for making by-laws, including public consultation, gazettal, and ministerial approval. The by-laws must be consistent with the Act; if they conflict, the Act prevails. Section 116 of the Local Government Act is specifically referenced in by-law 11(2) as the source of entry powers for inspecting for dead animal carcasses. The Act also contains provisions for the delegation of powers, recovery of debts, and general local government functions that affect how the by-laws operate in practice.

The by-laws may interact with the Northern Territory’s Public and Environmental Health Act, which deals with nuisances, waste management, and disease control. Occupiers who fail to maintain garbage receptacles could also face enforcement under that Act as a public health nuisance. The by-laws do not override such legislation; they operate alongside it, potentially creating overlapping or cumulative liability. For example, a foul-smelling bin that attracts rodents could be both an offence under by-law 4(1)(b) and a breach of a public health order.

Animal-related provisions interact with the Animal Welfare Act (NT). The by-law conferring power on an authorised person to require immediate destruction of an animal at large that is diseased or dangerous could conflict with animal welfare obligations to use humane methods or seek veterinary treatment. The by-laws do not require the authorised person to consider whether the animal could be safely removed or treated instead of destroyed. An owner ordered to kill a pet may face a dilemma: comply with the by-law or risk cruelty prosecution if the method is not humane. The Animal Welfare Act would set the minimum standard, and the by-law direction cannot authorise inhumane treatment.

The licensing provisions for garbage dumps may intersect with environmental protection laws regulating waste disposal sites. A council dump will need an environmental licence or approval under the Waste Management and Pollution Control Act (NT). The by-laws deal only with access and usage rules, not with environmental standards for the dump itself. However, the conditions the council imposes on a licence under by-law 8(4) might include environmental requirements (e.g., only certain waste types), which would be additional to statutory obligations.

The by-laws are local in scope and do not affect the collection or disposal of waste outside Tennant Creek. They apply only within the municipality, as defined by the council’s boundaries. However, the definition of “garbage” and the broad liability for continuing breaches give the by-laws a potentially wide reach within those boundaries.

The Tennant Creek (Garbage) By-laws 1989 were originally notified in the Northern Territory Government Gazette on 9 August 1989 as SL No. 19 of 1989 and commenced on the same day. They were made by the Tennant Creek Town Council under the Local Government Act then in force (likely the Local Government Act 1985 or its predecessor). The by-laws have been amended three times.

The first amendment was by SL No. 6 of 1999, notified on 10 March 1999 and commencing the same day. Amendment No. 6, 1999 amended by-law 4 only. The table of amendments does not specify what change was made, but given the current text of by-law 4 includes the requirement that the receptacle be of a type approved by council (with a capacity not exceeding 240 litres and fitted with wheels and handles), it is likely that 1999 amendment introduced or modified these specifications. Prior to 1999, the by-law may have allowed any receptacle approved by the council without the technical limitations. The amendment may have been driven by standardisation concerns or to facilitate mechanical collection.

The second amendment was by the Local Government (Consequential Amendments) Act 2008 (Act No. 28 of 2008), which received assent on 14 November 2008 but commenced retrospectively on 1 July 2008 (section 2 of that Act). This is consistent with the reprint being “as in force at 1 July 2008.” The consequential amendments were necessary because the Local Government Act 2008 replaced earlier local government legislation in the Northern Territory. Act No. 28, 2008, section 4 amended by-law 11. The current text of by-law 11(2) refers to “section 116 of the Act.” The “Act” is defined in the Local Government Act 2008 (note the long title of the by-laws states they are under the Local Government Act 2008). Before 2008, the by-laws would have referenced a different provision. The 2008 amendment updated the reference to the new Act without changing the substance of the power.

The third set of amendments are “general amendments of a formal nature” made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018). By-law 1 (short title) was amended by this Act, presumably to conform with modern drafting practice. The 2018 amendments are not listed in the table of amendments but are noted in the general amendments section of the endnotes.

The reprint as at 1 July 2008 incorporates the 1999 and 2008 amendments but not the 2018 amendments to by-law 1. That means the current official version may have a slightly different text for the short title, but the substantive provisions remain as shown.

The source does not record any litigation specific to the Tennant Creek (Garbage) By-laws 1989. As a local law, challenges would be rare and would come before the Local Court or Supreme Court of the Northern Territory. Potential grounds for challenge could include that a by-law is ultra vires the enabling Act, that it is unreasonable, or that it was made without proper procedure. Given that the by-laws have remained largely unchanged since 1989, and that Tennant Creek is a small municipality, it is plausible that no reported case has considered their validity or interpretation. The absence of litigation does not mean the by-laws are clear or unproblematic; it may simply reflect that the cost and difficulty of challenging subordinate legislation outweigh the likely benefit for individual residents. In practice, disputes might be resolved informally with council officers rather than through court proceedings. A researcher or practitioner should not assume that the by-laws have been judicially tested; any application for judicial review would be novel and would require careful analysis of the enabling Act and general principles of administrative law.

The by-laws contain several traps for the unwary. First, the definition of “premises” includes tents and camps. A person camping in a tent on a building block or in a designated camping area is an occupier of premises and must comply with all by-law 4 duties, including providing an approved garbage receptacle, marking it with the street number (which may be difficult if the land has no street number), and cleansing it every four weeks. Failure to do so is an offence, even though the person is transient and may not have access to such a bin.

Second, the prohibition on interfering with garbage receptacles (by-law 5) is extremely broad. It covers “touching” or “otherwise interfering with” a receptacle. Helping a neighbour who is elderly or disabled by moving their bin to the kerb could be an offence, unless the helper is the occupier’s servant or agent. There is no exception for community-minded actions. Only the occupier themselves, their servant or agent, council staff, and council contractors are exempt. A family member living in a different household is not covered unless they are an agent of the occupier. Good Samaritan actions are not protected.

Third, the duty to cleanse the receptacle with antiseptic at least once every four weeks uses the word “antiseptic.” This is an older term; modern practice might use bleach or detergent. The by-law does not define “antiseptic” or specify a concentration. An occupier who uses a general household cleaner might be at risk if the council takes a strict view. Additionally, the frequency is high relative to typical practice; many households never wash their bins. The by-law imposes a recurring compliance cost and a potential health hazard if not done properly.

Fourth, the requirement that the receptacle be “indelibly marked” with the street number and name or lot number applies to both the lid and the body. If the lid is replaced or lost, the occupier must ensure the new lid is also marked. The words “indelibly marked or painted” suggest permanent marking; a removable sticker may not suffice. This is a trivial but easy trap: many residents would not mark their bins at all.

Fifth, the daily penalty under by-law 12(2) can be imposed in addition to the initial penalty. For an ongoing failure such as not replacing a damaged bin, the daily penalty can accumulate quickly. If a council inspector notices the breach and the occupier does not rectify it within a day, the occupier could be charged $50 per day for each day from the date of the breach, not from the date of notice. There is no requirement for a warning before the daily penalty starts running.

Sixth, the council’s power to recover expenses under by-law 13 is not limited to direct costs; it says “an expense incurred by the council in consequence of the breach.” This could include administrative overheads, legal costs, and the cost of issuing notices. The council could potentially charge its own time at an hourly rate. The person is liable for these expenses as a debt, separate from any fine, and the council can sue to recover them without proving fault beyond the original breach.

Seventh, the licensing regime for garbage dumps gives the council absolute discretion. The by-laws do not require the council to have a policy, to give reasons for refusal, or to provide a review mechanism. If the council decides to require a licence for all dump users, it can then refuse a particular person (e.g., a new business) for any reason, effectively barring them from waste disposal within the municipality. This creates a potential barrier to competition in waste removal services.

Eighth, the “wet garbage” wrapping requirement is vague. The by-law does not define “effectively wrapped.” A loose plastic bag that splits during collection could be considered ineffective. There is also no exception for food waste disposal units or composting. The occupier must wrap all wet garbage, which includes food scraps, but also could include wet paper or other damp waste.

Ninth, the requirement to place the bin out “on the day or days and at the time notified by the Council in a newspaper circulating in the municipality” means that if the council changes the day or time and publishes a notice in a local newspaper, the occupier is deemed to know. If the occupier does not read that newspaper, they may miss the change and leave the bin out on the wrong day, breaching by-law 4(1)(g). The council is not required to notify each occupier individually.

Compliance with the by-laws requires a systematic approach from every occupier of premises in Tennant Creek. First, obtain an approved garbage receptacle. Contact the Tennant Creek Town Council to ascertain which types of receptacles have been approved by resolution. The receptacle must have a capacity not exceeding 240 litres, be impervious to moisture and vermin, and be fitted with wheels and handles. In practice, the council may supply standard wheelie bins, or it may have approved a specific model. Do not purchase a bin without first confirming its type is approved. Once the bin is obtained, indelibly mark or paint the street number and name (or lot number) on both the lid and the body. Use permanent paint or engraving so that the marking cannot be removed.

Second, maintain the receptacle in good order and condition. Regularly inspect the bin for cracks, holes, or damage that could attract vermin or cause odours. If the bin becomes damaged, replace it. Wash the bin with an antiseptic solution (such as a diluted bleach or a commercial bin cleaner) at least once every four weeks. Keep the lid tightly fitted at all times except when adding or removing garbage. Wrap all wet garbage (food scraps, damp paper, etc.) in a sealed bag or newspaper before placing it in the bin. Ensure no garbage is left outside the bin; all garbage produced on the premises must be deposited inside the receptacle, except for garbage lawfully destroyed by fire (check with the council and applicable fire regulations before burning).

Third, on the day and at the time notified by the council in a newspaper circulating in the municipality, place the bin on the footpath outside the premises in a position that gives the garbage collector access. If the council does not publish such a notice, the duty to place the bin out may not arise; however, you should confirm with the council whether a regular collection service exists and what the expected practice is. After the bin is emptied, retrieve it and return it to the premises as soon as possible; do not leave it on the footpath indefinitely.

Do not allow anyone (including family members living elsewhere) to touch, move, mark, or otherwise interfere with another person’s garbage receptacle unless they are the occupier, their servant or agent, or a council employee or contractor. Even moving a bin to clear a footpath could be an offence. If you need to assist a neighbour, ensure you first obtain their explicit authorisation as their agent.

If you wish to use a council garbage dump, first inquire whether the council has notified that a licence is required. If so, apply in writing to the council for a licence. The council may grant or refuse the application at its discretion. Upon approval, pay the fee resolved by the council and receive the licence, which will contain any conditions. Comply strictly with those conditions, as well as with the hours, days, class of garbage, and manner of deposit specified by the council under by-law 7. Do not deposit garbage outside those parameters, and do not remove garbage from the dump without a licence. If you are a commercial operator, ensure your drivers and employees are aware of the conditions and have copies of the licence.

If you own an animal that is at large in a public place and is diseased, injured, or likely to be dangerous to the public, be prepared to respond immediately to a council notice. If such a notice is issued, you must immediately destroy, remove, or dispose of the animal. This may mean contacting a veterinarian for humane destruction or arranging removal to a safe location. Do not delay, as the by-law requires immediate compliance and failure is an offence.

If a dead animal carcass is on your premises, you must bury or destroy it promptly. If you are unable to do so yourself, engage a contractor. If you receive a council notice directing you to bury or destroy, comply within the specified period. If you fail, the council may enter and do the work, and you will be liable for the costs as a debt. To avoid cost recovery, act before the council issues a direction.

Document your compliance: keep receipts for bin purchases, log dates of bin cleaning, retain copies of any correspondence with the council regarding licences or permissions, and take photos of the bin markings. If a dispute arises, contemporaneous records may help establish that you have taken all reasonable steps.