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.
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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
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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.
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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;
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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
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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
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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.
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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
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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
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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
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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
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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)