WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024 (Northern Territory)

Mechanically, the West Arnhem Regional Council (Jabiru Town) By‑laws 2024 create a comprehensive local regulatory code for Jabiru that consolidates and replaces several earlier local by‑laws (Schedule 2). They commence 1 January 2025 (by‑law 2) and operate under the Local Government Act 2019 (header and note). The instrument sets out permit regimes, positive duties, strict liability and other offences, authorised‑person powers, an infringement notice scheme, and transitional arrangements for pre‑existing permits and fees (by‑laws 8-12, 78-84, 86-88). It also specifies who may be required to pay for remedial action undertaken by the Council as unpaid rates or debts (by‑laws 12(3)-(4), 37(4)-(5)).

Key mechanical changes are:

A permit‑first architecture for a wide range of activities on public land and in the town (construction of cross‑overs, road works, structures on public land, busking, filming, stalls, camping, affixing handbills) with an explicit CEO decision maker (by‑laws 8, 13-18, 22-28, 74).
A broad set of strict liability offences across land, waste, fire, animal and advertising rules, with maximum penalties specified in the by‑laws and precise expiation amounts set by Schedule 1 (for example, many routine breaches attract 50 penalty units under particular clauses; see Schedule 1 and corresponding clauses throughout the text).
A dog management regime that combines registration, numerical limits, restricted areas, a dangerous‑dog declaration process, owner obligations (desexing, containment, muzzling off‑premises), and impoundment/destruction powers (by‑laws 49-73).
Waste management rules that govern council collection, prohibited materials, conduct at the waste facility, inspection rights and commercial waste disposal (by‑laws 29-37).

NORTHERN TERRITORY OF AUSTRALIA WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024 As in force at 1 January 2025 Table of provisions Part 1 Preliminary matters 1 Title .................................................................................................. 1 2 Commencement .............................................................................. 1 3 Purpose ........................................................................................... 1 4 Acknowledgement of Mirarr people ................................................. 1 5 Definitions ........................................................................................ 1 6 Application of by-laws ...................................................................... 4 7 Application of Criminal Code ........................................................... 4 8 Permits ............................................................................................ 4 9 Variation, revocation or transfer of permits ...................................... 5 10 Powers of authorised persons and employees ................................ 5 11 Maintenance of objects .................................................................... 5 Part 2 Public facilities and places Division 1 Liability of owner or occupier of land 12 Non-compliance by owner or occupier ............................................ 6 Division 2 Protecting public land 13 Constructing cross-overs ................................................................. 7 14 Road works...................................................................................... 7 15 Prohibited excavation on adjoining land .......................................... 8 16 Enclosing land to prevent risk of escaping soil ................................ 8 17 Damage to public land ..................................................................... 9 18 Structures on public land ................................................................. 9 19 Obstruction of public facilities .......................................................... 9 Division 3 Control of vegetation 20 Damage to public vegetation ......................................................... 10 21 Trimming vegetation ...................................................................... 10 Division 4 Activities on public land 22 Busking and other activities ........................................................... 11 23 Goods on public land ..................................................................... 11 24 On-street parking ........................................................................... 12

West Arnhem Regional Council (Jabiru Town) By-laws 2024 ii Division 5 Camping on public land 25 Permit required to camp on public land ......................................... 12 26 Direction to vacate public land ....................................................... 12 Division 6 Selling goods and services 27 Stallholder permit........................................................................... 13 28 Offence to conduct stall without stallholder permit......................... 13 Part 3 Waste and recycling Division 1 Waste management 29 Collection of household waste and recyclables ............................. 13 30 Notice to remove waste or other discarded material...................... 14 31 Machines not to be stored or broken up ........................................ 14 32 Commercial waste and toxic materials .......................................... 15 33 Disposal of waste at waste management facility ........................... 15 Division 2 Offences related to waste 34 Offence to deposit waste ............................................................... 16 35 Offence to discharge liquid waste .................................................. 16 36 Offence to interfere with approved bins ......................................... 17 Division 3 Removal of waste deposits 37 Removal of waste .......................................................................... 17 38 Offence not to comply with direction .............................................. 18 Part 4 Safety Division 1 Fires 39 Lighting fires .................................................................................. 18 40 Burning offensive substance or thing............................................. 19 Division 2 Unsafe and unsanitary behaviour 41 Breaking glass or other material .................................................... 19 42 Throwing object causing damage .................................................. 19 43 Unsanitary behaviour ..................................................................... 20 Part 5 Animal management Division 1 General keeping of animals 44 Prohibition on keeping animals ...................................................... 20 45 Entry and removal ......................................................................... 20

West Arnhem Regional Council (Jabiru Town) By-laws 2024 iii 46 Destruction of animals ................................................................... 21 47 Abandonment of animals ............................................................... 21 48 Removal or disposal of animal remains ......................................... 21 Division 2 Responsible ownership of dogs 49 Registration required ..................................................................... 21 50 Offence of unregistered dog .......................................................... 22 51 Offence for contravention of condition of registration .................... 22 52 Notice of change in address or owner ........................................... 22 53 Maximum number of dogs ............................................................. 23 54 Dog restricted areas ...................................................................... 23 Division 3 Dangerous dogs 55 Dog menaces ................................................................................ 24 56 Dog attacks.................................................................................... 24 57 Defences ....................................................................................... 24 58 Orders to impound or destroy ........................................................ 25 59 Declaration of dangerous dog........................................................ 25 60 Duties of owner of dangerous dog ................................................. 25 61 Notice to Council ........................................................................... 26 62 Remedial action for dangerous dog ............................................... 27 63 Offence in relation to dangerous dogs ........................................... 27 64 Enticement or incitement ............................................................... 28 65 Dog causing nuisance ................................................................... 28 Division 4 Seizure, impounding and destruction of dogs and other animals 66 Seizure and impounding ................................................................ 29 67 Notice of impounding ..................................................................... 30 68 Release from pound ...................................................................... 30 69 Diseased dog................................................................................. 31 70 Transfer of dog .............................................................................. 32 71 Destruction of dog ......................................................................... 32 72 Destruction of other animal ............................................................ 32 73 Manner of destroying animal ......................................................... 32 Part 6 Advertising and handbills 74 Permit for handbills ........................................................................ 33 75 Establishing advertising code ........................................................ 33 76 General standards for advertising signs ........................................ 34 77 Interference with Council advertising ............................................. 34 Part 7 Infringement notice offences 78 Infringement notice offence and prescribed amount payable ........ 35

West Arnhem Regional Council (Jabiru Town) By-laws 2024 iv 79 When infringement notice may be given ........................................ 35 80 Contents of infringement notice ..................................................... 35 81 Electronic payment and payment by cheque ................................. 36 82 Expiation of offence ....................................................................... 36 83 Withdrawal of infringement notice.................................................. 36 84 Application of Part ......................................................................... 36 Part 8 Repeals and transitional matters Division 1 Repeals 85 By-laws repealed ........................................................................... 37 Division 2 Transitional matters for West Arnhem Regional Council (Jabiru Town) By-laws 2024 86 Definitions ...................................................................................... 37 87 Former determinations .................................................................. 37 88 Former authorisations, permits and registrations........................... 37 Schedule 1 Infringement notice offences Schedule 2 Repealed By-laws ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 January 2025

WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024 By-laws under the Local Government Act 2019 Part 1 Preliminary matters 1 Title These By-laws may be cited as the West Arnhem Regional Council (Jabiru Town) By-laws 2024. 2 Commencement These By-laws commence on 1 January 2025. 3 Purpose The purpose of these By-laws is to provide for the good governance of Jabiru by establishing a legal and procedural framework for promoting public health and wellbeing and safety and the protection of public amenities in the town. 4 Acknowledgement of Mirarr people (1) Jabiru is located on Mirarr country and the Council pays its respects to the Mirarr Traditional Owners and pays its respects to Mirarr elders past, present and emerging. (2) The Council is committed to continuously nurturing a respectful working relationship with the Mirarr people. 5 Definitions In these By-laws: advertising means any form of advertising for the attention of the public, including advertising by writing, images, pictures, symbols, objects or illumination. Examples for definition advertising Billboard, fence sign, portable sign, poster, distinctive lighting and bunting.

Part 1 Preliminary matters West Arnhem Regional Council (Jabiru Town) By-laws 2024 2 approved means approved by the Council by resolution. assistance dog means a dog that is an assistance animal as defined in section 4A of the Anti-Discrimination Act 1992. attack, see by-law 56(2). commercial waste means waste produced in the course of trade or commerce. Council means the West Arnhem Regional Council. dangerous dog means a dog declared to be dangerous under by-law 59. dog means an animal of the genus Canis. fee includes a charge, a due, a fare and rent payable to the Council. goods includes food, beverages, wares, merchandise, raffle tickets, tokens, badges and vehicles. handbill means a printed announcement or advertisement, including a poster, placard, notice, ticket, pamphlet and card. infringement notice, see by-law 79. infringement notice offence, see by-law 78(1). Jabiru means the land specified as Jabiru town land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). litter, see section 3 of the Litter Act 1972. market means an area in which 2 or more stalls are located or intended to be located. menace, see by-law 55(2). motor vehicle, see section 5 of the Motor Vehicles Act 1949. nuisance, see by-law 65(2). owner, of a dog, means: (a) the person whose name is registered with the Council as the owner of the dog; or (b) if the dog is not registered – the person who has care or control of the dog.

Part 1 Preliminary matters West Arnhem Regional Council (Jabiru Town) By-laws 2024 3 permit means a permit issued under by-law 8. pound means a place established by the Council as a pound. premises include the following: (a) a building or other structure; (b) a part of a building or other structure; (c) land where a building or other structure is situated. prescribed amount, see by-law 78(2). public land means a road, a reserve or land within Jabiru that is owned, controlled or maintained by the Council. sell, in relation to goods, includes: (a) offering or exposing goods for sale or hire; and (b) displaying or publishing an advertisement describing or promoting the sale of goods. stall means an outdoor place or structure in or from which goods or services are offered for sale, including a tent, a motor vehicle, a caravan, a trailer and a table. Examples for definition stall A stall at an outdoor market selling beverages or food, offering massages or selling crafts. stallholder means a person who sells or offers for sale goods from a stall. stallholder permit, see by-law 27. vehicle means any conveyance that runs on wheels. Examples for definition vehicle Cars, trucks, trailers, golf carts, motorcycles, bicycles, scooters, skateboards and inline skates. waste means garbage, litter, rubbish, refuse and other organic or inorganic waste matter. waste management facility means a facility for waste management operated or controlled by the Council. Note for by-law 5 The Act also defines terms that are used in these By-laws.

Part 1 Preliminary matters West Arnhem Regional Council (Jabiru Town) By-laws 2024 4 6 Application of by-laws These By laws apply to and have effect within Jabiru. 7 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against these By-laws. Note for by-law 7 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. 8 Permits (1) A person may apply to the CEO for a permit to carry out an activity mentioned in these By-laws. (2) An application for a permit must be: (a) in writing; and (b) accompanied by any fee determined by the Council for the permit. (3) The CEO may grant or refuse to grant a permit. (4) A permit granted by the CEO: (a) must be in writing; and (b) is valid for the period specified in the permit; and (c) is subject to the conditions specified in the permit (if any). (5) Without limiting clause (4)(c), it is a condition of a permit that authorises work to be carried out that the person to whom it is granted must reinstate, to the satisfaction of the CEO, a public road or crossing in respect of any damage caused in carrying out the work. (6) A person to whom a permit is issued must comply with: (a) any conditions specified under clause (4)(c); and (b) if clause (5) applies to the permit – that clause.

Part 1 Preliminary matters West Arnhem Regional Council (Jabiru Town) By-laws 2024 5 (7) A person commits an offence of strict liability if the person fails to comply with clause (6). Maximum penalty: 50 penalty units. 9 Variation, revocation or transfer of permits (1) The CEO may vary or revoke a permit on application of the person to whom it was granted. (2) The CEO may revoke a permit if the person who holds the permit fails to comply with these By-laws or a condition of the permit. (3) If the CEO varies or revokes a permit, it must give notice to the holder of the permit as soon as practicable. (4) A permit is not transferable. 10 Powers of authorised persons and employees (1) Subject to clause (2), an authorised person may exercise any reasonable power necessary or required to give effect to these By-laws. (2) An authorised person must act in accordance with any conditions imposed on the person by the Council, by resolution. (3) An authorised person or employee of the Council acting in accordance with their duties is exempt from the requirement of a permit for that activity. Example for clause (3) An employee does not need a permit to set up structures on public land. (4) An authorised person may request the holder of a permit to produce the permit for inspection by the authorised person. (5) A person commits an offence of strict liability if the person fails to comply with a request under clause (4). Maximum penalty: 20 penalty units. 11 Maintenance of objects (1) A person commits an offence if: (a) the person holds a permit in relation to an object, a structure, a sign or a fence; and

Part 2 Public facilities and places Division 1 Liability of owner or occupier of land West Arnhem Regional Council (Jabiru Town) By-laws 2024 6 (b) the person fails to maintain the object, structure, sign or fence to a sufficient standard to reasonably ensure public safety in relation to, and in the vicinity of, the object, structure, sign or fence. Maximum penalty: 50 penalty units. (2) An authorised person may revoke a permit if satisfied that the holder of the permit is not adequately maintaining an object, structure, sign or fence in respect of which the permit was granted. Part 2 Public facilities and places Division 1 Liability of owner or occupier of land 12 Non-compliance by owner or occupier (1) The CEO may, by written notice, require the owner or occupier of land to comply, within the period specified in the notice, with any of the following: (a) these By-laws; (b) a condition of a permit granted to the owner or occupier under these By-laws. (2) A person commits an offence of strict liability if: (a) the person is issued a notice under clause (1); and (b) the person does not comply with the notice. Maximum penalty: 50 penalty units. (3) If the owner or occupier fails to comply with a notice issued under clause (1), the CEO may arrange to carry out the work or take the action required by the notice. (4) Any costs properly and reasonably incurred by the Council under clause (3) are recoverable as unpaid rates or as a debt due and payable to the Council. (5) The CEO may apply the amount of a deposit made as a condition of the grant of a permit granted under these By-laws to cover any costs properly and reasonably incurred by the Council under clause (3).

Part 2 Public facilities and places Division 2 Protecting public land West Arnhem Regional Council (Jabiru Town) By-laws 2024 7 Division 2 Protecting public land 13 Constructing cross-overs (1) An owner or occupier of premises adjoining public land may construct the following with a permit: (a) a cross-over across the footpath and verge to connect a driveway on the premises to a road or other public land; (b) a cross-over for pedestrians or vehicles to travel between the premises and the public land. Note for clause (1) The requirements in this Division are in addition to any other legislative requirements that apply to construction, such as development permits and planning standards. (2) A person commits an offence of strict liability if the person constructs a cross-over referred to in clause (1) without a permit. Maximum penalty: 50 penalty units. 14 Road works (1) This by-law does not apply to a person performing work for or on behalf of the Territory. (2) A person must not perform any of the following work without a permit: (a) do either of the following on a road: (i) deposit any material; (ii) erect any structure; (b) open or break up the surface of a road. (3) A person who performs work specified in clause (2) must prevent harm or inconvenience to the public from the work and materials used for the work by: (a) managing any affected traffic appropriately; and (b) operating safety lights around the work and materials between sunset and sunrise and when visibility is otherwise reduced; and

Part 2 Public facilities and places Division 2 Protecting public land West Arnhem Regional Council (Jabiru Town) By-laws 2024 8 (c) installing appropriate fencing and enclosures around the work and materials. Note for clause (3) The safety measures required by this by-law must be taken whether or not the work is authorised by the Council. (4) The CEO may give the person performing the work directions regarding compliance with the safety measures required by this by-law. (5) The cost of the safety measures must be paid by the person who performs the work. (6) A person commits an offence of strict liability if the person fails to comply with clause (2). Maximum penalty: 100 penalty units. 15 Prohibited excavation on adjoining land (1) A person must not, without a permit, excavate any part of land abutting public land. (2) A person commits an offence of strict liability if the person fails to comply with clause (1). Maximum penalty: 50 penalty units. 16 Enclosing land to prevent risk of escaping soil (1) The CEO may, by written notice, require the owner or occupier of land to cause the land to be enclosed if: (a) the land adjoins a road, footpath or other public land; and (b) the land is not enclosed in a manner that prevents soil, sand or other material from being carried on to the road, footpath or other public land. (2) An owner or occupier of land who receives a notice under clause (1) must cause the land to be enclosed in accordance with the notice at the owner or occupier's own cost. (3) A person commits an offence of strict liability if the person fails to comply with clause (2). Maximum penalty: 50 penalty units.

Part 2 Public facilities and places Division 2 Protecting public land West Arnhem Regional Council (Jabiru Town) By-laws 2024 9 17 Damage to public land (1) A person must not, without a permit, cause damage to a footpath, road or other public land. Examples for clause (1) 1 Removing a road kerb. 2 Digging up a road. 3 Spilling wet concrete, motor oil or hydraulic fluid on a road. (2) A person commits an offence of strict liability if the person fails to comply with clause (1). Maximum penalty: 50 penalty units. 18 Structures on public land (1) A person must not, without a permit, erect or install on public land a post, rail, fence, pole, tent, booth, furniture, stand, display, exhibition, decoration or structure, whether permanent or temporary. (2) A person must not, without a permit, remove or displace a barrier, railing, post, seat or other structure on public land. (3) A person commits an offence of strict liability if the person fails to comply with clause (1) or (2). Maximum penalty: 50 penalty units. 19 Obstruction of public facilities (1) A person must not obstruct or hinder another person from using public land or a facility located on public land. Examples for clause (1) A footpath, walkway, public shelter, play or exercise structure, public toilet, drinking fountain, water supply, barbecue or fireplace on public land. (2) A person commits an offence of strict liability if the person fails to comply with clause (1). Maximum penalty: 50 penalty units.

Part 2 Public facilities and places Division 3 Control of vegetation West Arnhem Regional Council (Jabiru Town) By-laws 2024 10 Division 3 Control of vegetation 20 Damage to public vegetation (1) A person must not, without a permit, remove or damage vegetation on Council property or public land. Examples for clause (1) 1 Driving a vehicle on public land. 2 Cutting a tree. 3 Digging up a flowerbed on Council property. 4 Plucking, cutting or taking from a public flowerbed. (2) A person commits an offence of strict liability if the person fails to comply with clause (1). Maximum penalty: 50 penalty units. 21 Trimming vegetation (1) The owner or occupier of land adjoining a footpath, verge or road must trim or otherwise maintain vegetation on the land to prevent the vegetation: (a) obstructing or damaging the footpath, verge or road; or (b) becoming a hazard to persons or property. Examples for clause (1) 1 Trimming a tree or shrub that blocks a footpath. 2 Mowing grass to prevent infestation by snakes or vermin. (2) The CEO may, by written notice, require an owner or occupier of land to trim or otherwise maintain vegetation on the land if the CEO considers that it is: (a) obstructing or damaging the footpath, verge or road; or (b) becoming a hazard to persons or property. (3) The owner or occupier of land who receives a notice under clause (2) must trim or otherwise maintain the vegetation in accordance with the notice. (4) A person commits an offence of strict liability if the person fails to comply with clause (1) or (3). Maximum penalty: 50 penalty units.

Part 2 Public facilities and places Division 4 Activities on public land West Arnhem Regional Council (Jabiru Town) By-laws 2024 11 Division 4 Activities on public land 22 Busking and other activities (1) A person must not engage in any of the following activities on public land without a permit: (a) busking, performing or offering entertainment to the public; (b) painting or drawing portraits for a fee or donation; (c) taking photographs, making a film or recording audio or video for commercial or corporate purposes; (d) fundraising; (e) preaching or proselytising for religious, political or ideological purposes; (f) activities related to community or pastoral care. Examples for clause (1) 1 Singing or playing guitar for donations. 2 Setting up an easel to paint or draw the faces of tourists. 3 Filming a movie or video on location in Jabiru. 4 Street fundraising. 5 Soup kitchens or portable laundry services. (2) A person commits an offence of strict liability if the person engages in an activity specified in clause (1) without a permit. Maximum penalty: 20 penalty units. 23 Goods on public land (1) A person must not, without a permit, place goods in, on or over public land, or outside premises adjoining public land. (2) A person commits an offence of strict liability if the person fails to comply with clause (1). Maximum penalty: 20 penalty units. (3) The following circumstances are not relevant to an offence against clause (2): (a) whether the goods cause an obstruction; (b) whether the goods are for sale.

Part 2 Public facilities and places Division 5 Camping on public land West Arnhem Regional Council (Jabiru Town) By-laws 2024 12 24 On-street parking For the purpose of regulating on-street parking, the Council must determine the conditions for parking on any street. Division 5 Camping on public land 25 Permit required to camp on public land (1) A person must not camp or set up camp on public land without a permit. (2) For this by-law, the following activities are taken to be camping or setting up camp: (a) occupying, between sunset and sunrise, a vehicle used for sleeping; (b) erecting a tent or other shelter used for camping; (c) setting up bedding, camping gear or other equipment used for camping. (3) A person commits an offence of strict liability if: (a) the person camps or sets up camp on public land; and (b) the person does not have a permit to do so. Maximum penalty: 20 penalty units. 26 Direction to vacate public land (1) An authorised person may direct a person who fails to comply with by-law 25 to do any of the following: (a) leave the public land; (b) remove any vehicle, tent, shelter, gear or equipment to a place specified by the authorised person. (2) A person commits an offence of strict liability if the person fails to comply with a direction given under clause (1). Maximum penalty: 20 penalty units.

Part 3 Waste and recycling Division 1 Waste management West Arnhem Regional Council (Jabiru Town) By-laws 2024 13 Division 6 Selling goods and services 27 Stallholder permit A person must not sell goods from a stall on public land except in accordance with a stallholder permit. Note for by-law 27 A stallholder permit may be subject to conditions under by-law 8(4)(c). Examples of conditions that may be applied to a stallholder permit are the following: (a) the types of goods that may be sold from the stall; (b) days and hours of operation; (c) location of the stall and distance from other businesses; (d) standards in relation to the order and condition of the stall health or hygiene procedures to be observed by the stallholder; (e) a requirement to conduct the stall in a non-obstructive manner. 28 Offence to conduct stall without stallholder permit A person commits an offence of strict liability if the person sells goods from a stall without a stallholder permit. Maximum penalty: 20 penalty units. Part 3 Waste and recycling Division 1 Waste management 29 Collection of household waste and recyclables (1) Subject to this by-law, the Council must regularly carry out the collection of household waste and recycling from domestic premises in the town area of Jabiru. (2) The Council may refuse to collect any of the following: (a) more than one bin at a time from a domestic premises; (b) waste or recycling that is not contained in the correct bin as approved by the Council for that purpose; (c) waste or recycling that is contained in a bin with a capacity of more than 240 litres; (d) waste containing oil, paint, biological waste, batteries, chemicals or toxic substances.

Part 3 Waste and recycling Division 1 Waste management West Arnhem Regional Council (Jabiru Town) By-laws 2024 14 30 Notice to remove waste or other discarded material (1) The Council may serve on the occupier of land or premises a written notice to remove from the land or premises any waste or discarded material (including material prohibited by by-law 31) that is likely to adversely affect: (a) the health, convenience or comfort of the occupiers of adjoining or neighbouring land or premises; or (b) the value of adjoining land or premises. (2) On receiving a notice under clause (1), the person must remove from the land or premises the waste or discarded material specified in the notice. (3) A person commits an offence of strict liability if the person fails to comply with a notice given under clause (1). Maximum penalty: 50 penalty units. (4) If the Council cannot ascertain the identity of an occupier of land, the Council may serve a notice under clause (1) on the owner of the land or premises. 31 Machines not to be stored or broken up (1) A person must not on land or premises: (a) store a machine, disused motor vehicle or the body or chassis of a motor vehicle, which is not in working order; or (b) dismantle or break up a machine, disused motor vehicle or the body or chassis of a motor vehicle, which is not in working order. (2) Despite clause (1), a person may keep a machine or motor vehicle which is stored, dismantled or broken up if the machine or motor vehicle is: (a) inside a building; or (b) within an area enclosed by a fence or wall that is: (i) not less than 2 metres in height; or (ii) of such a nature as to screen the machine or disused motor vehicle and its parts from the adjoining street and properties.

Part 3 Waste and recycling Division 1 Waste management West Arnhem Regional Council (Jabiru Town) By-laws 2024 15 (3) A person commits an offence of strict liability if the person fails to comply with clause (1), except in circumstances permitted by clause (2). Maximum penalty: 50 penalty units. 32 Commercial waste and toxic materials (1) A person commits an offence of strict liability if the person leaves, throws, deposits or abandons commercial waste other than at a waste management facility, unless the person has a permit to do so. Maximum penalty: 50 penalty units. (2) A person commits an offence of strict liability if the person disposes of oil or toxic materials other than at a waste management facility. Maximum penalty: 50 penalty units. 33 Disposal of waste at waste management facility (1) A person commits an offence of strict liability if the person leaves, throws, deposits or abandons waste at a waste management facility, other than on the days and during the hours specified by the Council. Maximum penalty: 15 penalty units. (2) A person commits an offence of strict liability if the person deposits commercial waste at a waste management facility other than on the days and during the hours specified by the Council. Maximum penalty: 50 penalty units. (3) A person commits an offence of strict liability if the person enters a waste management facility other than in accordance with the approved facility rules. Maximum penalty: 15 penalty units. (4) A person commits an offence of strict liability if the person fails to comply with any direction given by an authorised person or clearly displayed on signage at a waste management facility relating to the place at which or manner in which either of the following are to be deposited at the facility: (a) commercial waste;

Part 3 Waste and recycling Division 2 Offences related to waste West Arnhem Regional Council (Jabiru Town) By-laws 2024 16 (b) oil or toxic materials. Maximum penalty: 50 penalty units. (5) A person commits an offence of strict liability if the person does not allow an authorised person at a waste management facility to inspect waste that the person is proposing to deposit at the facility. Maximum penalty: 25 penalty units. Division 2 Offences related to waste 34 Offence to deposit waste (1) A person must not deposit waste or recyclable materials in a place unless: (a) the person is acting under the authority of the Council; or (b) the place is an approved bin provided by the Council; or (c) the place is a waste management facility. (2) A person must not deposit, in an approved bin provided by the Council, any substance or thing prohibited under the conditions and other particulars of the service determined by the Council by resolution. (3) A person must not deposit or allow to remain on land a substance or thing that is likely to attract vermin, unless it is enclosed in a bin or container that is vermin-proof. (4) A person who conducts a business must not dispose of waste from the business in a residential bin provided by the Council. (5) A person commits an offence of strict liability if the person fails to comply with clause (1), (2), (3) or (4). Maximum penalty: 50 penalty units. 35 Offence to discharge liquid waste (1) A person commits an offence of strict liability if: (a) the person deposits or causes waste water, liquid waste or hazardous liquid to be deposited onto public land or into a drain on public land; and

Part 3 Waste and recycling Division 3 Removal of waste deposits West Arnhem Regional Council (Jabiru Town) By-laws 2024 17 (b) the person has no permit for that conduct. Maximum penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against clause (1) if the defendant took all reasonable steps and exercised due diligence to avoid committing the offence. Examples for by-law 35 Water leaking from a faulty air conditioner or used cooking oil dumped in a drain. 36 Offence to interfere with approved bins (1) A person who damages an approved bin provided by the Council is liable to the Council for the costs of replacing the bin. (2) A person commits an offence of strict liability if the person: (a) removes anything from an approved bin provided by the Council; or (b) takes or interferes with an approved bin provided by the Council; or (c) causes an approved bin provided by the Council to become a danger to public health or to affect the comfort of persons occupying or passing through or along neighbouring premises. Maximum penalty: 50 penalty units. (3) An employee or contractor engaged by the Council to collect waste and recycling is exempt from clause (2)(a) and (b). Division 3 Removal of waste deposits 37 Removal of waste (1) An authorised person may, by written notice, direct a person responsible for waste in a public place or on vacant land to remove the waste within a stated period. (2) The authorised person must determine the period under clause (1) by taking into account the nature, quantity and location of the waste. (3) If the waste to be removed under clause (1) constitutes a threat or risk to public safety, the authorised person may specify in the notice that the waste must be removed immediately.

Part 4 Safety Division 1 Fires West Arnhem Regional Council (Jabiru Town) By-laws 2024 18 (4) If a person does not comply with a notice under clause (1), an authorised person may carry out the work required to remove the waste. (5) Any costs properly and reasonably incurred by the Council under clause (4) are recoverable as unpaid rates or as a debt due and payable to the Council. 38 Offence not to comply with direction A person commits an offence of strict liability if the person: (a) receives a direction under by-law 37; and (b) fails to comply with the direction. Maximum penalty: 50 penalty units. Part 4 Safety Division 1 Fires 39 Lighting fires (1) A person must not light a fire or keep a fire burning unless: (a) the person has permission to light or keep the fire under a law of the Territory or law of the Commonwealth; or (b) a person is operating a crematorium or incinerator licensed under a law of the Territory or otherwise approved by the Council; or (c) the fire is: (i) for meal preparation or personal comfort; and (ii) safely contained and supervised in a barbecue, fireplace or fire pit constructed of fireproof materials; and (iii) not larger than 1 m 2; and (iv) at least 4 m away from any flammable vegetation or other material.

Part 4 Safety Division 2 Unsafe and unsanitary behaviour West Arnhem Regional Council (Jabiru Town) By-laws 2024 19 (2) A person commits an offence of strict liability if the person lights a fire or keeps a fire burning contrary to clause (1). Maximum penalty: 50 penalty units. Note for by-law 39 The Bushfires Management Act 2016 also provides for the control of fires. 40 Burning offensive substance or thing A person commits an offence if: (a) the person intentionally burns or heats any substance or thing; and (b) that conduct results in an odour that is offensive to another person on adjacent land or public land and the person is reckless in relation to that result. Maximum penalty: 50 penalty units. Division 2 Unsafe and unsanitary behaviour 41 Breaking glass or other material (1) A person commits an offence of strict liability if: (a) the person intentionally breaks glass or other material; and (b) the pieces of the glass or other material are on public land; and (c) the pieces of the glass or other material are likely to cause injury to a person or animal. Maximum penalty: 50 penalty units. (2) A person does not commit an offence against clause (1) if the broken pieces were collected and disposed of safely and without delay. 42 Throwing object causing damage A person commits an offence if: (a) the person intentionally throws, or uses a device to throw, a stone or other object onto, into or from public land; and

Part 5 Animal management Division 1 General keeping of animals West Arnhem Regional Council (Jabiru Town) By-laws 2024 20 (b) the conduct results in: (i) damage to property; or (ii) hitting or frightening a person or animal; and (c) the person is reckless in relation to that result. Maximum penalty: 20 penalty units. 43 Unsanitary behaviour A person commits an offence of strict liability if the person urinates or defecates on public land, other than in a toilet. Maximum penalty: 20 penalty units. Part 5 Animal management Division 1 General keeping of animals 44 Prohibition on keeping animals (1) For this Part, a person keeps an animal if: (a) the person has custody or possession of the animal; or (b) the animal, as a result of action taken by the person, is ordinarily kept on the person's land. (2) A person must not keep an animal other than: (a) a fish indigenous to the Magela Creek system; or (b) a dog that is kept in accordance with this Part. (3) A person commits an offence of strict liability if the person keeps an animal other than as permitted under clause (2). Maximum penalty: 50 penalty units. Note for by-law 44 See also regulation 12.19 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). 45 Entry and removal (1) An authorised person may enter land on which it has reason to believe there is or may be an animal prohibited under by-law 44 and take all necessary steps to remove the animal from the land.

Part 5 Animal management Division 2 Responsible ownership of dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 21 (2) The authorised person must give at least 24 hours notice to the owner or occupier of the land before entering land under clause (1). 46 Destruction of animals An animal that is removed from land under by-law 45 may be: (a) removed from Jabiru in accordance with the directions of the Council; or (b) destroyed: (i) by a veterinarian or an officer of the Council authorised in writing by the Council; and (ii) in a manner approved by the Australian Veterinary Association. 47 Abandonment of animals A person commits an offence of strict liability if the person abandons or sets at large an animal. Maximum penalty: 50 penalty units. 48 Removal or disposal of animal remains (1) The Council may arrange for the removal and disposal of the remains of a dead animal found in a public place. (2) The Council may recover expenses incurred in removing and disposing of a dead animal from the owner of the animal as a debt due and payable to the Council. Division 2 Responsible ownership of dogs 49 Registration required (1) A person who keeps a dog in Jabiru for more than 3 months must apply to the Council to register the dog to an address at which the dog is usually kept. (2) The Council must, by resolution, determine the following: (a) the process for registering dogs; (b) any grounds for refusing to register a dog; (c) any conditions of registration;

Part 5 Animal management Division 2 Responsible ownership of dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 22 (d) date of expiry of a registration. Examples for clause (2)(b) Unsuitable premises or excessive number of dogs. 50 Offence of unregistered dog (1) A person commits an offence of strict liability if the person keeps an unregistered dog in Jabiru for a period of 3 months or longer. Maximum penalty: 50 penalty units. (2) The following persons are exempt from clause (1): (a) a Council employee or contractor who keeps a dog in a pound; (b) a person who or entity that provides animal welfare services; (c) a veterinarian who keeps a dog for treatment. 51 Offence for contravention of condition of registration (1) The owner of a registered dog must comply with any conditions on the registration determined by the Council. (2) A person commits an offence of strict liability if: (a) the person is the owner of a registered dog; and (b) the registration of the dog is subject to a condition; and (c) the owner fails to comply with the condition. Maximum penalty: 50 penalty units. 52 Notice of change in address or owner (1) The owner of a registered dog must notify the Council of the following events: (a) a change in the owner's address; (b) a transfer of the dog to a new owner. (2) The notice must be given in the approved form within 14 days after the event. (3) A person commits an offence of strict liability if the person: (a) is the owner of a registered dog; and

Part 5 Animal management Division 2 Responsible ownership of dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 23 (b) fails to comply with clause (1) or (2). Maximum penalty: 10 penalty units. 53 Maximum number of dogs (1) Subject to clause (2), a person commits an offence of strict liability if the person keeps a dog on premises where there are already 2 dogs. Maximum penalty: 20 penalty units. (2) The Council may, on application, grant a permit to a person to keep more than 2 dogs on a premises. 54 Dog restricted areas (1) The Council may declare an area to be a dog restricted area. (2) If the Council intends to declare an area to be a dog restricted area, the Council must: (a) publish notice of the proposed area at least 28 days in advance; and (b) consider any responses to the notice from residents of Jabiru. (3) The Council must publish the location and restrictions on dogs in any dog restricted area it declares. Examples for clause (3) 1 Prohibiting taking a dog into a market or festival. 2 Restricting classes or numbers of dogs in an area. (4) A person commits an offence of strict liability if the person: (a) owns a dog; and (b) subject to clause (5), fails to comply with the conditions of a dog restricted area. Maximum penalty: 50 penalty units. (5) The owner of a dog may not comply with the conditions for the dog restricted area if any of the following apply: (a) the dog is an assistance dog; (b) the person is authorised not to comply with one or more specified conditions by an authorised person;

Part 5 Animal management Division 3 Dangerous dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 24 (c) the Council has granted an exemption by resolution. Division 3 Dangerous dogs 55 Dog menaces (1) The owner of a dog must ensure it does not menace a person or another animal. (2) For this Division, a dog is taken to menace a person or animal if it chases, harasses, rushes at or threatens to bite the person or animal in a manner that causes a reasonable apprehension of fear in the person or the owner of the animal. (3) The owner of a dog commits an offence of strict liability if the owner fails to comply with clause (1). Maximum penalty: 50 penalty units. 56 Dog attacks (1) The owner of a dog must ensure it does not attack a person or another animal. (2) For this Division, a dog is taken to attack a person or another animal if it: (a) bites the person or animal causing a puncture or break to the skin; or (b) assaults the person or animal resulting in bleeding, bone breakage, sprains, scratches or bruising; or (c) behaves aggressively resulting in physical contact with the person or animal and damage to anything worn by the person or animal. (3) The owner of a dog commits an offence of strict liability if the owner fails to comply with clause (1). Maximum penalty: 100 penalty units. 57 Defences It is a defence to a prosecution for an offence against by-law 55 or 56 if: (a) another person had, without the defendant's permission, caused the dog to menace or attack the person or animal; or

Part 5 Animal management Division 3 Dangerous dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 25 (b) in the case of a person being menaced or attacked – the person was on premises owned or occupied by the defendant without consent (whether express or implied); or (c) in the case of another animal being menaced or attacked – the other animal was on premises owned or occupied by the defendant without consent (whether express or implied). 58 Orders to impound or destroy If a court finds a person guilty of an offence against by-law 55 or 56, the court may order either or both of the following in addition to, or instead of, the penalty for the offence: (a) if the dog is impounded as a result of the offence – that the person pay the costs and expenses of, and incidental to, the impounding; (b) that the dog be destroyed. 59 Declaration of dangerous dog (1) An authorised person may, by written notice, declare a dog to be a dangerous dog if: (a) the dog menaces or attacks a person or another animal; or (b) the authorised person believes on reasonable grounds that the dog is destructive, dangerous, savage or a threat to the safety of the community. (2) The authorised person must give written notice of the declaration to the owner of the dog. (3) The written notice of the declaration must be in the approved form and include the following information: (a) the day the declaration takes effect; (b) the reasons for the declaration; (c) the identity of the dog and the owner of the dog. (4) The Council must keep a record of the information in clause (3). 60 Duties of owner of dangerous dog (1) This by-law applies to the owner of a dangerous dog.

Part 5 Animal management Division 3 Dangerous dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 26 (2) The owner must, within 14 days after the day the declaration takes effect: (a) provide to an authorised person evidence from a veterinarian that the dog is desexed; and (b) if the dangerous dog is not desexed, arrange for it to be desexed at the owner's expense; and (c) undergo behavioural or other training with the dog, as specified by the CEO, at the owner's expense. (3) The owner must ensure the dangerous dog is kept contained in a secure enclosure that is appropriate to contain the dangerous dog. Example for clause (3) High and strong fencing would be required for a large dangerous dog. (4) The owner must post signage on the premises where the dangerous dog is usually kept with the words "Warning Dangerous Dog" clearly visible and legible from the front boundary of the premises. (5) When the dangerous dog is outside the premises where it is usually kept, the owner must ensure that: (a) the dog is under the control of a person who is at least 18 years of age and competent to restrain the dog; and (b) the dog is muzzled and controlled by a suitable leash. (6) If the owner intends to keep the dangerous dog for more than 14 days at a place other than the premises where it is usually kept, the owner must notify the Council of the address of the place within 24 hours after the dog is relocated. (7) The owner must notify the Council of any attack, or alleged attack, by the dangerous dog of a person or another animal within 24 hours of the earlier of the following: (a) the time of the attack or alleged attack; (b) the time the owner becomes aware of the attack or alleged attack. 61 Notice to Council (1) The owner of a dangerous dog must notify the Council if the dog is missing within 24 hours after the owner becomes aware the dog is missing.

Part 5 Animal management Division 3 Dangerous dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 27 (2) The owner of a dangerous dog must notify the Council if the dog dies within 14 days after its death. (3) If the owner of a dangerous dog intends to transfer ownership of the dangerous dog, the owner must: (a) inform the prospective owner that the dog is dangerous; and (b) notify the Council of the name and address of the new owner at least 72 hours before the transfer. 62 Remedial action for dangerous dog (1) If the owner of a dangerous dog fails to comply with the duties of an owner under by-law 60 more than once in a 12-month period, an authorised person may require the owner to take either or both of the following actions: (a) undergo further specified behavioural or other training with the dog at the owner's expense; (b) surrender the dog to the pound. (2) If an authorised person intends to take action under clause (1), the authorised person must give the owner of the dangerous dog a notice that: (a) states what action the authorised person is proposing under that clause; and (b) states the grounds for taking that action; and (c) invites the owner to show cause, within 14 days, why the action should not be taken. (3) After considering any response received within 14 days of the day of the notice, an authorised person must decide whether to take action under clause (1). (4) As soon as practicable after making a decision under clause (3), an authorised person must give a notice of the decision to the owner of the dangerous dog. 63 Offence in relation to dangerous dogs A person commits an offence of strict liability if the person: (a) is the owner of a dangerous dog; and

Part 5 Animal management Division 3 Dangerous dogs West Arnhem Regional Council (Jabiru Town) By-laws 2024 28 (b) fails to comply with by-law 60 or 61. Maximum penalty: 100 penalty units. 64 Enticement or incitement (1) A person must not entice or incite a dog to: (a) menace a person or another animal; or (b) engage in behaviour that is prohibited by by-law 65; or (c) attack a person or another animal. Example for clause (1) A person must not cause a neighbour's dog to start barking excessively in order to make a complaint about the neighbour's dog. (2) A person commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct causes a dog to: (i) menace a person or another animal; or (ii) attack a person or another animal; or (iii) engage in behaviour that is prohibited by by-law 65; and (c) the person is reckless in relation to that result. Maximum penalty: 50 penalty units. 65 Dog causing nuisance (1) The owner of a dog must ensure the dog is not a nuisance to people or animals. (2) For this by-law, a dog is taken to be a nuisance if it: (a) causes, or is likely to cause, injury or is dangerous to the health of the community or a person other than its owner; or (b) behaves repeatedly in a manner contrary to: (i) the general interests of the community; or (ii) the specific and reasonable interests of a person other than its owner; or

Part 5 Animal management Division 4 Seizure, impounding and destruction of dogs and other animals West Arnhem Regional Council (Jabiru Town) By-laws 2024 29 (c) creates a noise or an odour of a degree or to an extent that disturbs the reasonable mental, physical or social wellbeing of a person other than its owner; or (d) defecates to a degree or extent that causes annoyance to a person other than its owner. Examples for clause (2)(c) Constant or loud barking, especially when pedestrians walk past the premises. (3) The owner of a dog that defecates in public must immediately remove the faeces and dispose of them in a sanitary manner. (4) The owner of a dog must ensure it does not aggressively chase a person or vehicle or another animal. (5) The owner of a dog must not allow the animal to come within 10 m of a public play structure or public exercise structure, unless the dog is under direct control of its owner. (6) A person must not bring a dog into the town centre unless: (a) the dog is an assistance dog; or (b) the person holds a permit to do so; or (c) the dog is allowed under an exemption determined by the Council, by resolution. (7) A person must not feed a wild or feral dog. (8) A person commits an offence of strict liability if the person fails to comply with clause (1), (3), (4), (5), (6) or (7). Maximum penalty: 50 penalty units. Division 4 Seizure, impounding and destruction of dogs and other animals 66 Seizure and impounding (1) An authorised person may seize: (a) a dog that appears to be diseased, injured, savage, destructive, stray or unregistered; or (b) a dog or any other animal that an authorised person believes on reasonable grounds has attacked a person; or (c) a dog or any other animal that is at large; or

Part 5 Animal management Division 4 Seizure, impounding and destruction of dogs and other animals West Arnhem Regional Council (Jabiru Town) By-laws 2024 30 (d) a dangerous dog whose owner is not complying with Division 3. (2) As soon as practicable after seizing an animal, the authorised person must: (a) impound the animal in a pound; or (b) in the case of a dog – return the dog to its owner. 67 Notice of impounding (1) The CEO must ensure that reasonable steps are taken to notify the owner of an impounded dog that: (a) the dog is impounded; and (b) subject to by-laws 69 and 71, the owner must collect it. (2) The owner of an impounded dog who receives a notice under clause (1) must collect the dog within the time specified in the notice. (3) A person commits an offence of strict liability if the person: (a) owns a dog; and (b) receives a notice under clause (1) that the owner must collect the dog; and (c) fails to collect the dog within the time specified in the notice. Maximum penalty: 50 penalty units. 68 Release from pound (1) When collecting a dog from a pound, a person must provide evidence that the person is the owner of the dog or is authorised to act on behalf of the owner. (2) Subject to by-law 69, an impounded dog must not be released from a pound unless: (a) it is registered (either with the Council or another council); and (b) it is released to its owner or to a person authorised to act on behalf of the owner; and

Part 5 Animal management Division 4 Seizure, impounding and destruction of dogs and other animals West Arnhem Regional Council (Jabiru Town) By-laws 2024 31 (c) the Council receives any fees payable in relation to it. Note for by-law 68 Section 289 of the Act allows the Council to charge fees for services, including charging the owner of a dog for: (a) the costs incurred by the Council in relation to an impounded dog; and (b) delivering the dog from the pound. 69 Diseased dog (1) An authorised person must make arrangements for any impounded dog that is suspected of being infected with a contagious disease to be isolated from other animals in the pound. (2) An authorised person must take reasonable steps to give the owner of a dog isolated under clause (1) written notice: (a) stating the reasons for isolating it; and (b) warning that it must either undergo a course of treatment specified in the notice or be destroyed. (3) The authorised person may, in the notice given under clause (2), require the owner of the dog to give the Council a report on its condition and the condition of any other dogs usually kept at the same premises at which the diseased dog is usually kept. (4) If required under clause (3), the owner must: (a) have the report prepared by a veterinarian or other person specified in the notice; and (b) give the report to the Council within the time specified in the notice. (5) A dog that is isolated under this by-law may be released from the pound in accordance with by-law 68, subject to any conditions an authorised person considers appropriate. (6) The cost of treatment reasonably provided by the Council to a diseased dog, and to any other animal in the pound infected or at risk of being infected by the diseased dog before it could reasonably be isolated, is a debt payable by the owner of the diseased dog to the Council. (7) An owner of a dog commits an offence of strict liability if the owner: (a) fails to comply with clause (4); or

Part 5 Animal management Division 4 Seizure, impounding and destruction of dogs and other animals West Arnhem Regional Council (Jabiru Town) By-laws 2024 32 (b) fails to comply with a condition imposed under clause (5). Maximum penalty: 50 penalty units. 70 Transfer of dog The CEO may make arrangements for the transfer of dogs from a pound to a person or entity that provides animal welfare services. Example for by-law 70 Arrangements could be made with the RSPCA or other organisations that provide care for unwanted and stray animals. 71 Destruction of dog (1) The CEO may arrange for a dog to be destroyed if: (a) the dog is diseased, savage or destructive and in the opinion of the CEO is an immediate and actual threat to public safety; or (b) the dog is diseased or injured and in the opinion of the CEO it would be cruel to keep it alive. (2) As soon as practical after arranging the destruction of a dog under this by-law the CEO must make a reasonable attempt to find the dog's owner and inform, in writing, the dog's owner of the destruction. 72 Destruction of other animal The CEO may arrange for an animal other than a dog to be destroyed if: (a) the animal is in the pound, is seized or abandoned or is found on public land; and (b) the animal is diseased, injured, savage, destructive, unclaimed or unwanted; and (c) it is humane to destroy the animal in the circumstances. 73 Manner of destroying animal Any destruction of an animal under these By-laws must be done: (a) in a manner approved by the Australian Veterinary Association; and (b) by a veterinarian or another person who is, in the opinion of the CEO, qualified to destroy it.

Part 6 Advertising and handbills West Arnhem Regional Council (Jabiru Town) By-laws 2024 33 Part 6 Advertising and handbills 74 Permit for handbills (1) A person must not, without a permit, affix a handbill: (a) to a power pole, signpost or fixture in a street; or (b) to or against a structure adjoining public land; or (c) to a vehicle on public land. (2) A person who affixes a handbill under a permit must: (a) ensure the handbill is preserved in a clean and tidy condition; and (b) remove the handbill after the information it contains expires or is no longer relevant; and (c) properly dispose of any waste arising from the handbill. Example for clause (2)(b) Take down a concert handbill after the concert is over. (3) An authorised person may, by written notice, require the following persons to remove or remediate any handbill that is dirty, untidy, worn, torn or detached: (a) any person who was issued the permit to post the handbill; (b) the owner or occupier of the land where the handbill is posted; (c) the person who sponsored or is responsible for the handbill. (4) A person who receives a notice under clause (3) must comply with the notice. (5) A person commits an offence of strict liability if the person fails to comply with clause (1), (2) or (4). Maximum penalty: 20 penalty units. 75 Establishing advertising code (1) The Council must establish an outdoor advertising code to prohibit and regulate outdoor advertising on: (a) land owned, occupied or under the control of the Council; or

Part 6 Advertising and handbills West Arnhem Regional Council (Jabiru Town) By-laws 2024 34 (b) premises adjoining, or visible from, land owned, occupied or under the control of the Council. (2) The outdoor advertising code may: (a) define expressions used in this Part and not defined in these By-laws; and (b) classify advertising and the criteria or conditions applicable to each class; and (c) create exemptions from the requirement for an outdoor advertising permit; and (d) provide for matters necessary or convenient for this Part. (3) An outdoor advertising code must be published. 76 General standards for advertising signs A person installing or exhibiting outdoor advertising must ensure the advertising: (a) complies with the outdoor advertising code; and (b) does not detract from the quality and architectural character of the premises on which the advertising is installed or exhibited; and (c) has no negative effect on the environmental character and amenity of the surrounding area; and (d) is in good repair and poses no risk to the health and safety of the public. Examples for by-law 76 1 Advertising must not obstruct, or cause distraction to, vehicular and pedestrian traffic. 2 A sign must be built to withstand high winds. 77 Interference with Council advertising A person commits an offence of strict liability if the person removes, changes, defaces or otherwise interferes with any outdoor advertising installed or exhibited by the Council. Maximum penalty: 50 penalty units.

Part 7 Infringement notice offences West Arnhem Regional Council (Jabiru Town) By-laws 2024 35 Part 7 Infringement notice offences 78 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 1. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 1. 79 When infringement notice may be given If an authorised person believes on reasonable grounds that a person has committed an infringement notice offence, the authorised person may issue a notice (an infringement notice) to the person. 80 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person to whom it is issued, if known; (b) the date the infringement notice is issued to the person; (c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the Council within 28 days after the notice is issued; (b) the person may elect to have the offence dealt with by a court by: (i) completing a statement of election and giving it to the Council; and

Part 7 Infringement notice offences West Arnhem Regional Council (Jabiru Town) By-laws 2024 36 (ii) not paying the prescribed amount; (c) if the Fines and Penalties (Recovery) Act 2001 applies to the infringement notice offence – enforcement action may be taken under that Act if the person does nothing in response to the notice. (3) The infringement notice must include an appropriate form for making the statement of election mentioned in clause (2)(b)(i). 81 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation. 82 Expiation of offence If the prescribed amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence. 83 Withdrawal of infringement notice (1) An authorised person may withdraw the infringement notice by written notice issued to the person. (2) The notice must be issued: (a) within 28 days after the infringement notice is issued to the person; and (b) before payment of the prescribed amount. 84 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been issued unless the offence is expiated. (2) This Part does not: (a) require an infringement notice to be issued; or

Part 8 Repeals and transitional matters Division 2 Transitional matters for West Arnhem Regional Council (Jabiru Town) By- laws 2024 West Arnhem Regional Council (Jabiru Town) By-laws 2024 37 (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been issued; or (c) prevent more than one infringement notice for the same offence being issued to a person. (3) If more than one infringement notice for the same offence has been issued to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 8 Repeals and transitional matters Division 1 Repeals 85 By-laws repealed The By-laws specified in Schedule 2 are repealed. Division 2 Transitional matters for West Arnhem Regional Council (Jabiru Town) By-laws 2024 86 Definitions In this Division: commencement means the commencement of these By-laws. former By-laws means the By-laws repealed by by-law 85. 87 Former determinations A charge, due, fare, fee or rent determined by the Council under the former By-laws and in force immediately before the commencement continues in effect as if it were determined by the Council under the Act until amended or revoked by the Council. 88 Former authorisations, permits and registrations (1) A licence, permit or other authorisation issued, granted or renewed under the former By-laws that is in effect immediately before the commencement continues in effect as if it were a permit granted under these By-laws or by the Council until revoked or expired. (2) A registration issued, granted or renewed under the former By-laws that is in effect immediately before the commencement continues in effect as if it were a registration granted under these By-laws or by the Council until revoked or expired.

Schedule 1 Infringement notice offences West Arnhem Regional Council (Jabiru Town) By-laws 2024 38 Schedule 1 Infringement notice offences by-law 78 Item Provision Prescribed amount in penalty units for individual for body corporate 1 by-laws 10(5), 22(2), 23(2), 25(3), 26(2), 28, 33(1), (3) and (5), 34(5), 36(2), 42, 43, 52(3), 53(1) and 74(5) 1 5 2 by-laws 8(7), 12(2), 13(2), 15(2), 16(3), 17(2), 18(3), 19(2), 20(2), 21(4), 30(3), 31(3), 32(1) and (2), 38, 39(2), 41(1), 47, 50(1), 54(4), 64(2) and 67(3) 2 10 3 by-law 69(7) 3 15 4 by-laws 33(2) and (4) and 40 4 20 5 by-laws 14(6) and 63 9 45 6 by-laws 44(3), 51(2) and 65(8) 10 50 7 by-law 56(3) 20 100

Schedule 2 Repealed By-laws West Arnhem Regional Council (Jabiru Town) By-laws 2024 39 Schedule 2 Repealed By-laws by-law 85 West Arnhem Regional Council (Jabiru Town) (Control of Animals) By-laws 1984 Subordinate Legislation No. 40 of 1984 West Arnhem Regional Council (Jabiru Town) (Control of Dogs) By-laws 1992 Subordinate Legislation No. 27 of 1992 West Arnhem Regional Council (Jabiru Town) (Refuse) By-laws 1983 Subordinate Legislation No. 7 of 1983 West Arnhem Regional Council (Jabiru Town) (Roads and Public Places) By-laws 1983 Subordinate Legislation No. 42 of 1983 West Arnhem Regional Council (Jabiru Town) (Stallholders) By-laws 1983 Subordinate Legislation No. 8 of 1983 West Arnhem Regional Council (Jabiru Town) (Swimming Pool Complex) By-laws 1982 Subordinate Legislation No. 82 of 1982

ENDNOTES West Arnhem Regional Council (Jabiru Town) By-laws 2024 40 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 West Arnhem Regional Council (Jabiru Town) By-laws 2024 (SL No. 28, 2024) Notified 17 December 2024 Commenced 1 January 2025 (bl 2)

1 WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024

The by‑laws rest on several interlocking concepts and defined terms that determine scope and legal effect. Definitions in by‑law 5 set the starting points. Notable defined terms include public land (land owned, controlled or maintained by the Council), permit (by‑law 8), owner of a dog (which includes the person registered and, if unregistered, the person who has care or control of the dog), waste, commercial waste and stall (by‑law 5). The instrument also imports external statutory definitions by reference, for example an assistance dog adopts the Anti‑Discrimination Act 1992 definition (by‑law 5).

Permits are central. By‑law 8 requires written applications plus any Council‑determined fee (8(2)). The CEO has express authority to grant or refuse permits and to impose written conditions (8(3)-(4)). Permits are non‑transferable (9(4)), may be varied or revoked by the CEO (9(1)-(3)), and breach of permit conditions is a strict liability offence (8(6)-(7)). A common condition for work permits that affect roads is reinstatement to the CEO’s satisfaction (8(5)). Many substantive activities are prohibited without a permit: cross‑overs (13), road works and opening roads (14), excavation abutting public land (15), structures on public land (18), busking, filming and fundraising activities (22), placing goods on public land (23), camping (25), stallholding (27), and handbills (74).

Strict liability recurs. Numerous by‑laws explicitly categorise particular breaches as strict liability offences and prescribe maximum penalties (for example, permit non‑compliance 8(7) maximum 50 penalty units). Schedule 1 then maps many by‑law breaches to prescribed infringement notice amounts in penalty units for individuals and corporations. The application of Part IIAA of the Criminal Code (by‑law 7) further shapes criminal responsibility, defences and evidentiary rules for prosecutions that proceed beyond expiation.

Authorised persons and CEO powers are another core concept. By‑law 10 authorises authorised persons to exercise "reasonable powers necessary or required" to give effect to the by‑laws, subject to Council‑imposed conditions and the requirement to act within those conditions (10(1)-(2)). Authorised persons can inspect permits (10(4)), give directions (for example under 14(4) regarding safety measures for road works), issue notices requiring compliance (12(1)), direct removal of waste (37(1)), order vacating of public land and removal of camping gear (26(1)), declare dogs dangerous (59), seize and impound animals (66), and order remedial actions for dangerous dogs (62).

Liability to fund remedial action is operationalised through the Council’s power to undertake the required work and recover costs as unpaid rates or debts (12(3)-(4), 30(4), 37(4)-(5)). The Council also has gatekeeping powers: it determines the process for dog registration and the grounds and conditions by resolution (49(2)), sets parking conditions by resolution (24), establishes the outdoor advertising code and publishes it (75(1)-(3)), and sets waste collection and facility rules (29, 33).

Animal management is a concept cluster with its own sub‑regime. Clause 44 prohibits keeping animals except fish indigenous to a named system or dogs kept in accordance with this Part (44). Dogs must be registered if kept longer than three months (49-50). The by‑laws create offences for unregistered dogs, limit the number of dogs normally permitted (53), permit dog‑restricted areas with notice and consultation (54), and create a dangerous dog declaration process that triggers duties including desexing, containment, muzzling off‑premises, behavioural training and notification obligations (59-61). The CEO and authorised persons may seize, impound, transfer, destroy and require remedial actions for dogs under various circumstances (66-73).

Waste, fires and public amenity protection are treated as discrete regulatory domains. Waste collection rules (29-37) prescribe acceptable containers and materials and give authorised persons inspection rights. Fires are regulated with detailed size and safety limits for recreational fires (39), and burning offensive substances is an offence where recklessness causes offensive odour to neighbours (40). The public land protections include prohibitions on causing damage to roads and footpaths (17), erecting structures without permits (18), and obstructing public facilities (19).

Finally, the infringement notice mechanism operationalises enforcement through civil monetary remedies and expiation, with specific procedural requirements for contents, payment, election for court, and withdrawal (78-84). The by‑laws also include transitional clauses preserving fees, permits and registrations under the repealed by‑laws until revoked or expired (87-88), and repeal several older Jabiru by‑laws (Schedule 2).

The by‑laws affect a broad and overlapping set of actors in Jabiru. Primary regulated parties are residents (owners and occupiers), property holders, dog owners and keepers, stallholders and traders operating on public land, persons using public land for recreational or commercial activity (buskers, filmmakers, fundraisers), people camping in public places, individuals dealing with waste and recyclables (households and businesses), and any visitors to town who engage in regulated activities.

Owners and occupiers of land are subject to multiple proactive duties: compliance with notices to fix breaches (12(1)-(4)), restricting excavation on land abutting public land (15), enclosing land to prevent escaping soil (16), trimming vegetation adjoining footpaths and verges (21), and maintaining permitted objects and structures to a safety standard (11). Failure to comply can trigger the CEO to undertake works and recover costs as unpaid rates or debts (12(3)-(4)).
Dog owners face a dense compliance load. A dog must be registered if kept for more than three months (49), and unregistered dogs attract a strict liability offence (50). There is a default maximum of two dogs per premises (53), subject to a permit. Owners must prevent menacing, attacking and nuisance behaviours (55-56, 65), and can be subject to a dangerous‑dog declaration that triggers desexing, training, secure containment, signage and notification duties (59-61). Failure to comply with dangerous‑dog duties is a strict liability offence with elevated penalties (63).
Stallholders and market traders must obtain a stallholder permit to sell on public land (27-28). The by‑laws give the Council scope to attach conditions on types of goods, hours, hygiene, location, and non‑obstructive conduct (27 note). Buskers, performers, fundraiser and commercial filming also require permits (22).
Persons using vehicles, machinery or placing goods on public land are regulated: constructing cross‑overs and performing road works require permits (13-14), placing goods on public land is prohibited without a permit irrespective of obstruction (23(1)-(3)), and storage or dismantling of non‑working vehicles is limited to enclosed or screened areas (31).
Businesses producing commercial waste must use waste management facilities and may require permits for disposal elsewhere; they are specifically prohibited from using residential bins for business waste (32, 34). The Council sets collection rules and may refuse to collect over‑sized or incorrectly presented waste (29).
The Council and its authorised persons and the CEO are decision makers and enforcers. The CEO determines permits, may revoke or vary them, gives notices, arranges remedial actions, impounds and destroys animals, and implements the outdoor advertising code (8-10, 59-73, 75). Authorised persons exercise inspection, seizure and direction powers and must act within conditions set by Council resolution (10(1)-(3)).
Visitors and festival organisers are affected by dog restricted area declarations, outdoor advertising code constraints, parking conditions set by the Council and the need for permits for markets, stalls, and large events that use public land (24, 27, 54, 75).
Contractors and Council employees are affected in two ways: they are exempt from certain permit requirements when acting in the performance of their duties (10(3)) and contractors engaged to collect waste are exempt from the prohibition on removing material from approved bins (36(3)).

Exemptions and interactions with other laws also define affected groups. Assistance dogs are expressly excluded from certain dog‑restriction requirements (54(5)(a)). Work done on behalf of the Territory is excluded from the road‑work by‑law (14(1)). The by‑laws reference other statutory regimes (for example Part IIAA of the Criminal Code, the Bushfires Management Act in the note to 39), so regulated parties must consider these interlocking obligations.

Finally, the by‑laws include an express acknowledgement of Mirarr Traditional Owners (by‑law 4). That clause states the Council’s commitment to a respectful working relationship with Mirarr people but does not itself create separate regulatory permissions or exemptions beyond what the operative clauses specify.

This section summarises the principal duties imposed on regulated parties and the discrete rights the instrument creates or preserves.

Key duties

Permit requirements, applications and compliance. Many activities require permits; applications must be in writing and accompanied by any Council‑determined fee (8(1)-(2)). Permit holders must comply with conditions and, where relevant, reinstate public roads and crossings to the CEO’s satisfaction (8(4)-(6)). Failure to comply with permit conditions is a strict liability offence (8(7)).
Duty to maintain. Permit holders responsible for objects, structures, signs or fences must maintain them to a standard that reasonably ensures public safety (11). The CEO may revoke a permit where maintenance is inadequate (11(2)).
Compliance with written notices. The CEO can issue written notices requiring owner/occupiers to comply with by‑laws or permit conditions (12(1)). The recipient must comply within the period specified or faces a strict liability offence (12(2)). If the recipient fails to comply, the CEO may undertake the work and recover costs as unpaid rates or debt (12(3)-(4)).
Public land protections and reinstatement obligations. Activities that affect roads, footpaths and public land (cross‑overs, road works, excavation, structures) generally require a permit and proactive safety measures; persons performing authorised works must manage traffic, light the site at night and fence appropriately (13-18, 14(3)-(5)). A permit condition commonly requires reinstatement (8(5)).
Vegetation and land management duties. Owners/occupiers adjoining footpaths must trim vegetation to prevent obstruction or hazard (21). The CEO can issue notices to trim, and non‑compliance is a strict liability offence (21(2)-(4)).
Waste responsibilities. Households must place waste and recyclables in Council‑approved containers and meet the Council’s collection rules; businesses must not use residential bins for business waste (29, 34). Commercial waste and toxic materials must be disposed of at approved facilities (32). Waste deposit and liquid waste offences carry substantial penalties (34-36).
Fire and public safety. Lighting fires is limited to specified, safely contained small fires or where permission is given by Territory law; unpermitted fires are strict liability offences (39). Intentionally burning substances that negligently cause offensive odour to neighbours is an offence attracting recklessness as the mental element (40).
Animal management duties. Keeping animals other than permitted fish or dogs is prohibited (44). Dogs must be registered if kept beyond three months (49(1)) and owners must comply with registration conditions (51). Owners must prevent menace, attack or nuisance by their dogs and remove faeces in public places (55-56, 65). Owners of declared dangerous dogs must desex, arrange training, ensure secure containment, post warning signage, muzzle and leash the dog when off the premises and notify Council of incidents and movements (59-61).
Compliance with authorised‑person directions. Authorised persons may require production of permits (10(4)), direct persons to vacate public land and remove camping gear (26), make and enforce directions on road‑works safety (14(4)), and require removal of waste (37).

Rights and procedural protections

CEO discretion with procedural signals. The CEO has the power to grant, refuse, vary and revoke permits (8(3), 9(1)-(3)). The by‑laws require written notice when permits are varied or revoked (9(3)). There is a procedural notice and show‑cause process for remedial action against dangerous dogs: an authorised person must give notice of proposed action, state grounds and invite show cause within 14 days (62(2)).
Infringement notice election. A person issued an infringement notice may expiate the offence by paying the prescribed amount within 28 days and thereby avoid further action; alternatively the person may elect to have the matter dealt with by a court (80(2)(a)-(b)). The infringement notice must state the election options and the prescribed amount (80(1)-(2)).
Continuity of existing permissions and charges. Existing determinations, permits and registrations under the repealed by‑laws continue as if they were granted under these by‑laws until revoked or expired (by‑laws 87-88). Previously determined fees, dues and rents continue in effect until amended or revoked by Council (87).
Limited defences in particular contexts. The by‑laws include specific defences or mitigations in some limited areas. For example, by‑law 35(2) provides a defence to a discharge‑of‑liquid‑waste charge if the defendant took all reasonable steps and exercised due diligence to avoid committing the offence. For offences of dog menace or attack, by‑law 57 lists defences where another person caused the dog to menace/attack or the victim was on the defendant’s premises without consent.

What is absent or limited

The text provides limited formal internal appeal or merits review routes beyond show‑cause in the dangerous‑dog remedial process (62). No independent merits‑review body, ombudsman referral or explicit statutory appeal from CEO permit refusals is provided in the by‑laws themselves; election to proceed to court under an infringement notice is available (80(2)(b)). Where the CEO or authorised person acts, many enforcement steps are administrative (not judicial) and the by‑laws frequently frame breach as strict liability, limiting reliance on fault‑based defences.
Discretion is concentrated in the CEO and authorised persons. Those actors may set and enforce conditions by resolution and issue notices; the by‑laws require the Council to publish certain instruments (the outdoor advertising code) and to consult in specified contexts (dog‑restricted areas), but otherwise leave granular procedural design to Council processes (49(2), 54(2), 75(3)).

Collectively, the duties prioritise protection of public amenities, health and safety by requiring permits and enabling the Council to act and recover costs, while rights are primarily procedural and limited to notice, show‑cause and election to litigate.

The by‑laws create a layered enforcement architecture comprised of strict liability offences, ordinary offences, an infringement notice (expiation) mechanism, authorised‑person enforcement powers, and financial recovery mechanisms for remedial work.

Penalty structure and strict liability

Many breaches are designated strict liability (for example by‑laws 8(7), 12(2), 13(2), 14(6), 15(2), 16(3), 17(2), 18(3), 19(2), 20(2), 21(4), 30(3), 31(3), 32, 33, 34(5), 35(1), 36(2), 37-38, 41(1), 43, 47, 50(1), 51(2), 52(3), 53(1), 54(4), 64(2), 67(3), among others). Those strict liability designations mean an accused bears no legal fault element for the offence; Part IIAA of the Criminal Code applies and therefore establishes the broader criminal responsibility framework and certain defences (by‑law 7).
Maximum penalties are specified in individual clauses; many are 50 penalty units for individuals on common breaches (e.g. permit non‑compliance under 8(7) maximum 50 penalty units). By‑law 56(3) (dog attacks) carries a maximum penalty of 100 penalty units. Schedule 1 then translates particular by‑law breaches into prescribed amounts in penalty units for infringement notices, with separate columns for individuals and body corporates (Schedule 1 items 1-7 map common offences to prescribed units).

Infringement notice regime

The by‑laws authorise authorised persons who believe on reasonable grounds that an infringement notice offence has occurred to issue an infringement notice to the person (79). An infringement notice must include identification details, time and place, description of the offence, the prescribed amount and the enforcement agency (80(1)). It must inform recipients they may pay within 28 days to expiate the offence or elect to have the matter heard in court (80(2)). Payment expiates the alleged offence and prevents further proceedings (82).
The by‑laws set payment mechanics: electronic payment counts once funds are credited, and cheques are only effective once cleared (81). An authorised person may withdraw an infringement notice in writing within 28 days and before payment (83).

Authorised persons and CEO enforcement powers

Authorised persons have a broad, functional enforcement remit. They may exercise "any reasonable power necessary or required" to give effect to the by‑laws (10(1)). They must act in accordance with conditions imposed by the Council (10(2)). Specific powers include inspecting permits (10(4)), giving directions to vacate public land and remove camping items (26), directing removal of waste (37), ordering corrective safety measures on road works (14(4)) and initiating seizure and impounding of animals (66).
The CEO may give notices to owners/occupiers to comply with by‑laws or permit conditions (12(1)), arrange for works to be performed if notices are not complied with (12(3)), and recover costs as unpaid rates or debts (12(4)). The CEO may vary or revoke permits (9), and arrange destruction of animals in limited humane circumstances (71-73). For impounded dogs, the CEO must ensure reasonable steps are taken to notify the owner (67(1)) and may arrange for destruction of animals judged to be an immediate threat or too severely injured (71(1)).

Cost recovery and remedial action

The by‑laws explicitly enable the Council to perform remedial acts when recipients fail to comply with notices and to recover costs as unpaid rates or as a debt (12(3)-(4); 37(4)-(5); 30(4)). The by‑laws also allow the CEO to apply permit deposit amounts to cover Council costs associated with permit conditions (12(5)). This converts non‑compliance into an enforceable financial liability enforceable as rates or via debt recovery mechanisms,an operational tool for ensuring compliance but also a financial exposure for owners.

Criminal procedural overlay

The application of Part IIAA of the Criminal Code (by‑law 7) means general criminal law principles, defences and burdens of proof are available in prosecutions. The by‑laws themselves include a limited set of explicit defences (for example by‑law 35(2) on reasonable steps/due diligence for liquid waste discharges and by‑law 57 defences for dog menace/attack). The mental element for certain offences is recklessness (for example by‑law 40 burning offensive substance, 42 throwing an object causing damage, 64 enticement/ incitement where recklessness is required).

Practical enforcement differences

The by‑laws reflect a spectrum of enforcement options: low‑level breaches are channelled to infringement notices and expiation (with amounts set in Schedule 1), more serious or contested matters can proceed to court if the recipient elects to litigate or if prosecution is pursued, and urgent public safety issues allow the CEO or authorised persons to act directly (e.g. remove waste immediately when risk exists under 37(3) and to impound or destroy animals that pose immediate threats 71).
Several offences have higher prescribed amounts for bodies corporate in Schedule 1, reflecting the usual local government practice to differentiate corporate culpability.
The text also contemplates enforcement interaction with the Fines and Penalties (Recovery) Act 2001 for recovery action if applicable (80(2)(c)).

Taken together, the by‑laws create a compliance regime relying heavily on administrative enforcement and expiation for routine breaches, while retaining criminal prosecution powers for contested or severe breaches, and enabling the Council to internalise costs by performing works and recovering expenses.

The by‑laws do not operate in isolation; the text expressly or implicitly links them to several external legal instruments and to Council powers under the Local Government Act. The by‑laws were made under the Local Government Act 2019 (header), and the Note for by‑law 5 explicitly records that the Act also defines terms used in the by‑laws, indicating that the local instrument sits within the Act’s delegated power framework.

Criminal law and general defences

Part IIAA of the Criminal Code is made applicable to offences against the by‑laws (by‑law 7). The effect is substantive: Part IIAA supplies general principles of criminal responsibility, definitional elaborations, and established defences that will frame prosecutions under by‑law offences. Where the by‑laws impose strict liability, Part IIAA still governs overarching criminal procedural issues and specific defences available under the Criminal Code.

Environmental and federal overlays

The text contains cross‑references to other statutory regimes: an assistance dog is defined by reference to s 4A of the Anti‑Discrimination Act 1992 (by‑law 5). The by‑laws note that the Bushfires Management Act 2016 also provides for fire control (note to by‑law 39), signalling coordination or potential overlap for fire regulation. By‑law 44 includes a note directing readers to reg 12.19 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) that may constrain keeping animals, signalling a potential federal environmental overlay where endangered species, protected habitat or other Commonwealth interests are implicated.

Statutory debts and fines recovery

The infringement notice architecture references the Fines and Penalties (Recovery) Act 2001 where applicable (80(2)(c)), meaning unpaid prescribed amounts may be enforced under that Territory Act. Separately, the by‑laws convert costs properly and reasonably incurred by the Council when it undertakes remedial works into unpaid rates or debts due and payable to the Council (12(4), 30(4), 37(5)). That links the by‑laws to territory recovery mechanisms for rates and debts, which may involve separate statutory processes.

Interplay with Territory responsibilities

The by‑laws explicitly exclude work performed for or on behalf of the Territory from the road‑works by‑law (14(1)). This creates a carved‑out sphere where Territory agents are governed by central or other applicable laws or policies rather than the Council’s permit requirements for road works.

Animal welfare professional standards

The by‑laws require certain actions to be performed "in a manner approved by the Australian Veterinary Association" for the destruction of animals (46(b)(ii), 73(a)). This imports an external professional standard for humane disposal and euthanasia decisions and creates a reference point for judicial or administrative review about method.

Local Government Act and Council resolutions

Several operational instruments and processes are drawn to Council resolution authority under the Local Government Act: the Council must, by resolution, determine the process for dog registration and registration conditions (49(2)), publish the advertising code (75(3)), and determine parking conditions (24). That means the by‑laws provide a framework while leaving detailed policy choices and conditions to make‑by‑resolution processes authorised by the parent Act. The by‑laws’ transitional clauses preserve charges and permits made under former by‑laws as continuing until amended or revoked under the Act (87-88), tying historical obligations and rights to the Local Government Act framework.

Compatibility with Commonwealth land and Aboriginal land law

The defined term Jabiru references the land specified as Jabiru town land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (by‑law 5). Given that Jabiru is Aboriginal land for certain purposes, there may be an overlay of rights, permissions, or customary arrangements not contained in the by‑laws themselves. The by‑laws include an acknowledgment of Mirarr Traditional Owners (4), and operational interactions with Aboriginal land rights instruments could be relevant in practice when public land management or permits intersect with land tenure and traditional owner rights.

Regulatory scope and delegation

The by‑laws routinely leave detailed implementation to Council determinations or CEO decisions (for example permit conditions, fees, advertising code, dog registration conditions). These delegations imply administrative action will need to comply with the Local Government Act’s rules on delegated functions, transparency and procedural fairness where applicable, and may give rise to separate legal obligations under administrative law principles.

In short, the by‑laws form a local regulatory web that intersects with criminal law (Part IIAA), federal environmental law, animal welfare standards, territory recovery and fines enforcement instruments, and the Local Government Act’s delegation and resolution mechanisms. Practitioners must read the by‑laws alongside these instruments to map legal risk comprehensively.

The by‑laws themselves provide a limited historic record within the instrument. They are made as Subordinate Legislation SL No. 28 of 2024, were notified on 17 December 2024 and commenced on 1 January 2025 (Endnotes and by‑law 2). Schedule 2 lists the specific earlier Jabiru by‑laws that are repealed by by‑law 85; these are the by‑laws being replaced. The repealed instruments are:

West Arnhem Regional Council (Jabiru Town) (Control of Animals) By‑laws 1984 (Subordinate Legislation No. 40 of 1984)
West Arnhem Regional Council (Jabiru Town) (Control of Dogs) By‑laws 1992 (SL No. 27 of 1992)
West Arnhem Regional Council (Jabiru Town) (Refuse) By‑laws 1983 (SL No. 7 of 1983)
West Arnhem Regional Council (Jabiru Town) (Roads and Public Places) By‑laws 1983 (SL No. 42 of 1983)
West Arnhem Regional Council (Jabiru Town) (Stallholders) By‑laws 1983 (SL No. 8 of 1983)
West Arnhem Regional Council (Jabiru Town) (Swimming Pool Complex) By‑laws 1982 (SL No. 82 of 1982)

Transitional provisions are included at by‑laws 86-88. These provisions: define commencement and former by‑laws; preserve charges, dues, fees and rents determined under the former by‑laws as continuing in effect until amended or revoked by the Council under the Act (87); preserve existing licences, permits and other authorisations or registrations as if they were granted under the current by‑laws until revoked or expired (88(1)-(2)). This treatment prevents abrupt regime changes that would otherwise extinguish previously granted permissions and preserves continuity for fee structures until the Council elects to amend them (87).

The by‑laws are silent on future amendment mechanisms beyond the ordinary lawmaking powers of the Council under the Local Government Act. The instrument’s operational clauses allow the Council to determine matters by resolution (for example fees, registration processes, parking conditions, and codes), which are internal mechanisms for policy adjustments absent formal by‑law amendment. Therefore, two layers of change are foreseeable: (1) administrative change via Council resolutions implementing the by‑laws (for example the outdoor advertising code, registration procedures), and (2) further legislative amendment of the by‑laws themselves under the delegated power process in the Local Government Act.

Practically, users must check:

whether the Council has by resolution adopted the detailed instruments promised by the by‑laws (outdoor advertising code, parking conditions, dog registration rules, fees);
whether the Council amends fees or conditions that affect compliance costs (note 87 preserves former charges until changed);
whether any subsequent subordinate legislation, regulation or published Council determinations modify operational detail.

The instrument provides the immediate repeal and transitional structure but does not itself record subsequent amendments or their dates. Legal advisers and compliance officers should therefore monitor Council resolutions and the Northern Territory Subordinate Legislation Gazette for any amendments post‑commencement.

The by‑laws as supplied do not record any litigated decisions or case law. The text contains no named judicial determinations, tribunal decisions, or precedent citations. Accordingly, there is no litigation history embedded in the instrument itself to illuminate how courts have interpreted particular clauses.

Practical implications of the absence of litigation history

Where the by‑laws create novel or potentially contested duties,such as the scope of authorised‑person powers under by‑law 10, or the interface between strict liability offences and Part IIAA of the Criminal Code (by‑law 7),there is not yet a local body of judicial interpretation to rely on. That increases legal uncertainty for matters likely to be litigated, for example:
- the scope and limits of "reasonable powers" exercised by authorised persons (10(1));
- the standard of "reasonableness" required for CEO decisions to vary or revoke permits (9);
- the interpretation of nuisance, menace and attack definitions within the dog management provisions (by‑laws 55-56, 65), and the scope of defences under by‑law 57;
- the procedural adequacy of notices and the sufficiency of "reasonable steps" for impoundment notices (67) and isolation of diseased dogs (69).
In the absence of precedent, enforcement action is likely to produce first‑instance disputes that could establish local practice. Parties facing enforcement may elect for court determination rather than expiation if they prefer judicial clarification or to contest the lawfulness of Council or CEO actions.
Practitioners should therefore focus on preserving procedural evidence when interacting with Council processes: careful record keeping of permit applications, written notices received, responses provided, requests for show‑cause, and any communications with authorised persons or the CEO. That documentation will be important should enforcement be challenged in court.
Where external legal instruments intersect (for instance Part IIAA of the Criminal Code, the Fines and Penalties (Recovery) Act, or Commonwealth environmental law), the absence of local litigation means that national or Territory precedents regarding interpretative principles in those regimes will likely inform any judicial interpretation applied to by‑law disputes.

In short, there is no litigation history contained within the by‑laws; future contested enforcement actions will be the likely source of legal clarification.

The by‑laws contain several features that can create compliance surprises or operational friction if not anticipated. These are concrete mechanics and drafting choices that practitioners and regulated parties should flag.

Pervasive strict liability

Many routine breaches are strict liability offences (see numerous clauses across Parts 1-6). Strict liability removes the need for the prosecution to prove fault and shifts contest to the availability of specific defences or procedural errors. That elevates the compliance premium on paperwork, notices, permits and timely responses to Council directions.

Wide permit coverage with CEO discretion

The CEO is the gatekeeper for permits (by‑law 8(3)). Permits may be granted subject to conditions, and are non‑transferable (9(4)). The CEO may vary or revoke permits if the holder fails to comply (9(2)). This concentrates authority in a single administrative office and can produce legal and commercial risk for businesses and individuals who rely on multi‑year arrangements or who expect transferability.

Costs recoverable as unpaid rates or debts

The Council may perform remedial work and recover costs as unpaid rates or as a debt (12(3)-(4); 37(4)-(5)). That is economically significant: where the Council acts, the cost converts into a statutory recovery mechanism rather than purely a contractual claim. Owners and occupiers facing notices should factor potential rate arrears exposure.

Non‑obstruction not required for certain prohibitions

By‑law 23(3) states that whether goods cause an obstruction or are for sale is "not relevant" to an offence against placing goods on public land. This means a person can commit an offence merely by placing goods on public land without a permit even if the goods are not obstructing or being sold. It removes an evidentiary mitigation that some parties might assume exists.

Infringement notice unit mapping

Schedule 1 maps by‑law offences to prescribed amounts in penalty units with different scales for individuals and corporations. Some by‑laws carry steep penalties (for example by‑law 56(3) attacks attract 20 penalty units for individuals, 100 for body corporates in Schedule 1 item 7). Parties must check Schedule 1 carefully because the expiation amount may be less than the maximum penalty in the by‑law but still material.

Dog management traps

Several features in the dog regime can surprise owners:
- The definition of "owner" of an unregistered dog includes the person who has care or control (by‑law 5). That can lead to liability even absent formal registration.
- A default cap of two dogs per premises (53) applies as strict liability, with permitting possible but by application only (53(2)).
- The town centre ban on bringing dogs unless an assistance dog, permit, or exemption applies (65(6)). Assistance dogs are explictly exempted elsewhere (54(5)(a)).
- Dangerous‑dog duties (59-63) impose multiple operational obligations with time limits (for example 14 days to desex and provide evidence, and 14 days to show cause under remedial action 62). Non‑compliance is a strict liability offence with high penalties (63).

Camping definition and enforcement

Camping is defined to include sleeping in vehicles between sunset and sunrise (25(2)(a)). This can criminalise certain overnight vehicle occupancy without a permit, and authorised persons can direct immediate vacating (26(1)). Visitors and transient workers may be unaware.

Advertising and handbill restrictions

The by‑laws require permits to affix handbills to street fixtures or vehicles on public land (74(1)). They also require the Council to establish and publish an outdoor advertising code, and advertising must comply with that code and Council determinations (75(1)-(3), 76). Failure to remove handbills after expiry, and to keep them tidy, is an offence (74(2)-(5)).

No express internal merits review for many decisions

With the CEO and authorised persons making discretionary determinations on permits, revocations and dangerous‑dog declarations, the by‑laws provide limited formal internal merits review procedures beyond written notice and show‑cause mechanics (for dangerous dogs at 62). That can make contestation more reliant on court action or administrative law remedies rather than internal appeal.

Intersections with other law require care

Cross‑referencing to Commonwealth and Territory laws (for example EPBC Regulations note in 44, Part IIAA of the Criminal Code at 7, Bushfires Management Act note at 39) means regulated parties must consider multiple regimes. For instance, keeping certain animals may offend Commonwealth environmental laws even if the by‑laws would allow them.

Practical operational gotchas for Council staff

The by‑laws require the Council to publish certain things (outdoor advertising code 75(3); publication and consultation for dog restricted areas 54(2)-(3)). Failure to follow the procedural prescriptions could expose the Council to legal challenge if decisions are not made in the prescribed manner.

Taken together, these are not abstract risks. The cumulative compliance burden from strict liability, the centralisation of decision‑making, potential financial exposure from remedial costs being recoverable as rates, and specific traps in the dog, waste and camping rules make active compliance systems advisable.

This section translates the by‑laws into practical, actionable compliance steps for the various affected actors: owners/occupiers, businesses (stallholders, waste producers), dog owners, and Council officers.

For owners and occupiers of land

Maintain objects and structures subject to permits to a safe standard; if you hold a permit, document inspections, maintenance actions and any repairs to demonstrate compliance (11). If you receive a written notice under by‑law 12, treat it as time‑critical: comply within the specified period, or anticipate the Council may undertake the work and recover costs as unpaid rates or debts (12(1)-(4)).
When undertaking work affecting roads, footpaths or verges, obtain a permit in writing from the CEO in advance (14(2)). Ensure traffic management, safety lighting and fencing are installed as required and keep records proving compliance with the safety measures (14(3)-(5)). Be prepared to reinstate public land to the CEO’s satisfaction where a permit authorises such work (8(5)).
If your premises adjoin public land, regularly trim vegetation to avoid obstruction and hazards, and document trimming dates and photographs to counter a potential notice to trim (21).
Prevent soil or sand escape onto road or footpath; if the CEO requires the land to be enclosed, do so promptly and at your own cost (16).

For traders, stallholders and market operators

Apply for a stallholder permit in writing and pay any Council‑determined fee; anticipate permit conditions addressing types of goods, operating days and hours, location, hygiene and non‑obstructive conduct (27 and note). Do not sell from a stall on public land without a permit (28).
Apply for permits for busking, performances, commercial filming, fundraising and other listed activities on public land (22). Keep evidence of the permit and comply with any conditions. Permits are non‑transferable and the CEO may revoke them for non‑compliance (8(4)-(7), 9).

For households and businesses producing waste

Use Council‑approved bins and present waste in the correct bin on collection days. The Council may refuse to collect over‑sized bins, incorrectly contained waste or material containing oil, paint, batteries or toxic substances (29(2)). Businesses must not use residential bins for business waste (34(4)).
Dispose of commercial waste, oil and toxic materials only at approved waste management facilities or under a permit; ensure compliance with facility rules and directions from authorised persons (32, 33). Be prepared for authorised persons to inspect waste before deposit (33(5)).
If you receive a written notice to remove waste or discarded material, comply within the specified period to avoid strict liability penalties (30).

For dog owners and keepers

Register dogs kept for more than three months at the address where the dog is usually kept, following Council processes determined by resolution (49). Notify the Council in approved form within 14 days of address changes or transfers of ownership (52).
Abide by the maximum number of dogs per premises (two, unless a permit is granted) and obtain a permit if you seek to keep more dogs (53). Where a dog is declared dangerous, comply with desexing, training, containment and signage obligations within specified timeframes and notify the Council of relocation, missing status, death or ownership transfer per by‑laws 60-61.
Keep your dog under control to prevent menacing, attacking or nuisance behaviour. Immediately remove dog faeces when in public (65(3)-(4)).
If impounded, collect a dog during the specified time in the impound notice and pay applicable fees before release (67-68). Keep documentary proof of ownership or authority to act on the owner’s behalf when collecting impounded animals (68(1)).

For those camping or using public land

Obtain a permit before camping on public land; camping includes sleeping in vehicles between sunset and sunrise, erecting tents, or setting up bedding or camping gear (25). An authorised person may direct you to vacate and remove gear; non‑compliance is an offence (26).

For advertisers and handbill placers

Obtain a handbill permit before affixing material to street fixtures or vehicles on public land (74(1)). Maintain handbills in a tidy condition, remove them once the information expires, and properly dispose of arising waste (74(2)). Consult the Council’s outdoor advertising code and ensure signs comply with published standards and do not create safety risks (75-76).

For anyone issued an infringement notice

Check the infringement notice for the prescribed amount, payment instructions, and the election option to proceed to court (80). Payment within 28 days expiates the offence (82). If you intend to contest the notice, follow the required statement of election form and timing (80(2)(b)).

For authorised persons, Council officers and the CEO

Ensure authorised persons act within conditions set by Council resolution (10(2)) and that they make and keep proper records of permit inspections, notices served, and directions given. Where authorised persons intend to take remedial action for dangerous dogs, follow the show‑cause procedure in 62(2)-(3) and issue a written decision promptly (62(2)-(4)).
For remediation or works undertaken by the Council pursuant to notices, document cost calculations and apply them as unpaid rates or debts per the by‑laws (12(3)-(4), 37(4)-(5)). Keep procedural records to support later recovery.

Cross‑cutting compliance controls

Create an internal register of permits, fees, conditions and expiry dates. Since many permits are time‑limited and non‑transferable, the register should track renewal cycles and compliance evidence.
Implement a standard operating procedure for responding to Council notices, including timeframes for response and escalation to legal counsel when principal liabilities or high penalties are at stake.
Ensure training for staff and contractors on permitted interactions with authorised persons,especially around production of permits for inspection (10(4)), compliance with directions and the conditions of work on public land (14(3)-(5)).
Where activities may interact with federal environmental law or other Territory statutes (for example prohibited animals, bushfire regulations), engage regulatory counsel early to confirm compatibility and avoid duplicative or conflicting obligations (notes under by‑laws 39 and 44).

By following these steps and keeping contemporaneous evidence of permits, notices, remedial works and communications, regulated parties can materially reduce the operational and legal risk created by the by‑laws’ extensive strict liability and administrative enforcement architecture.

WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024

Plain English Summary

Deep Dive

What it does

Current sections

WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024

Source text: opening excerpt

1 WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) BY-LAWS 2024

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