1Citation
These By‑laws may be cited as the Katherine Town Council
By‑laws 1998.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
This instrument was not passed as a bill, so it has no explanatory memorandum or second reading speech.
These By‑laws may be cited as the Katherine Town Council
By‑laws 1998.
These By‑laws bind the Crown in right of the Territory.
In these By‑laws:
abandon, for Part 3, see by-law 37A.
animal means all animals kept on private premises in the municipality, and includes dogs, cats, birds and reptiles.
appropriate fee means the fee determined from time to time by the council to be the fee for a permit, authority, licence, registration or other matter or for a class or classes of permit, authority, licence, registration or other matter.
approved means approved by the council by resolution.
assistance dog means a dog:
(a) trained or assessed by a training institution recognised by the CEO in writing for the purposes of these By-laws; and
(b) used by a person to alleviate the effects of a diagnosed disability, whether physical, sensory or psychological.
at large, for Part 3, see by-law 37A.
attack, for Part 3, see by-law 37A.
bicycle or tricycle means a 2 or 3 wheeled vehicle designed to be propelled by human power, and includes a powered bicycle or tricycle.
boat means a boat or floating vessel or craft of any kind other than a motor boat.
bridge includes a ford, causeway, culvert or crossing affording passage.
commercial waste, for Part 2, Division 1A, see by-law 27A.
council means the Katherine Town Council.
dangerous dog, for Part 3, see by-law 37A.
determined means determined by the council by resolution.
dog means an animal of the genus Canis.
dog exercise area, for Part 3, see by-law 37A.
dog restricted area, for Part 3, see by-law 37A.
dog-tag, for Part 3, see by-law 37A.
drug means:
(a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; or
(b) a prohibited substance as defined in section 12 of the Medicines, Poisons and Therapeutic Goods Act 2012; or
(c) kava as defined in section 3(1) of the Kava Management Act 1998.
effective control, for Part 3, see by-law 37A.
holder means the holder of an authority, licence, permit, or certificate of registration, as the case may be.
identification device, for Part 3, see by-law 37A.
infringement notice, for Part 7A, see by-law 173B.
infringement notice offence, for Part 7A, see by-law 173A(1).
library, for Part 6, see by-law 112.
library manager, for Part 6, see by-law 112.
library material, for Part 6, see by-law 112.
licence means a licence issued under these By‑laws, and includes a renewal of a licence.
liquor, see section 4(1) of the Liquor Act 2019.
litter includes garbage, rubbish, refuse or waste matter, and includes a dead animal and discarded vehicle bodies, machinery, implements, and the like.
meeting means a meeting of the council.
menace, for Part 3, see by-law 37A.
motor boat means a boat or floating vessel or craft of any kind that has a motor to power its principal propulsion system, and includes a hovercraft.
motor vehicle means any vehicle designed to be self propelled and includes a trailer when attached to a motor vehicle, but does not include a motorised wheelchair which is not capable of travelling at a speed greater than 10 km/h or a powered bicycle or tricycle.
municipality means the municipality of Katherine.
officer, for Part 6, see by-law 112.
owner:
for Part 3 – see by-law 37C; or
(b) in relation to a boat, motor boat or vehicle (other than a motor vehicle) – means, in the absence of proof to the contrary, the person for the time being in control of the boat, motor boat or vehicle; or
(c) in relation to a motor vehicle – means the person in whose name the vehicle is registered under the Motor Vehicles Act 1949 or under another law of the Territory or under a law of a State or other Territory of the Commonwealth that provides for the registration of vehicles.
permit means a permit issued under these By‑laws, and includes a renewal of a permit.
pound means a place established under by-law 64 to impound animals.
premises includes land and/or buildings.
prescribed amount, for Part 7A, see by-law 173A(2).
properly contained, for Part 3, see by-law 37B.
public place includes:
(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place;
(b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;
(c) every road, street, footway, court, alley, thoroughfare or cul‑de-sac which the public are allowed to use, notwithstanding that the road, street, footway, court, alley, thoroughfare or cul-de-sac may be formed on private property; and
(d) land reserved under a law of the Territory for the use of the public or a member of the public.
register means a register established in pursuance of by‑law 7.
registered borrower, for Part 6, see by-law 112.
repealed by-laws, for Part 3, see by-law 37A.
reserve means land, including its waters, being a public place that is vested in, leased to, or under the care, control or management of, the council and capable of being used as a reserve, park, garden, cenotaph, monument, recreation ground, walkway, oval or playing field, or for swimming, bathing, boating or other recreation associated with water.
vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle or tricycle, motor vehicle, or an animal being driven or ridden, but does not include a train or a wheelchair that is not capable of travelling at a speed greater than 10 km/h.
veterinarian, for Part 3, see by-law 37A.
waste management facility, for Part 2, Division 1A, see by‑law 27A.
These By‑laws apply to and are in force within the whole of the municipality.
Part IIAA of the Criminal Code applies to an offence against these
By-laws.
Note for by-law 4A
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.
(1) The council may determine the charges, dues, fares, appropriate fees and rents in relation to a property, undertaking, service, matter or thing.
(2) A determination under clause (1) may be made for any of the following:
supplying a service, product or commodity;
granting a licence or permit;
registering an animal or thing;
giving information;
admitting a person to a building or enclosure;
receiving an application for approval;
permitting inspection of a register;
(h) allowing the use of real or personal property of or under its care.
(3) If the council makes a determination under this by‑law, it must publish a notice of its making in a newspaper circulating in the municipality as soon as practicable after the determination is made.
(4) The council may demand and recover the amount determined under clause (1) if the council has:
(a) published a notice of the making of the determination under clause (3); and
taken the action for which the amount is determined.
The CEO must keep the registers determined by the council.
A register may be kept in any form, including electronic form.
(3) The following information must be recorded in an appropriate register:
all dogs registered by the council;
all licences granted by the council;
all registered borrowers;
all offences against these By‑laws:
(i) of which an owner of a registered dog has been found guilty by a court; or
(ii) in respect of which a owner of a registered dog has paid the prescribed amount under an infringement notice.
In proceedings under these By‑laws for an infringement involving a motor vehicle, the owner of the motor vehicle at the time of the infringement is deemed to have committed the infringement.
Clause (1) does not affect the liability of the person who actually committed the infringement, unless the owner, but:
the owner and the offender are not both to be liable to be convicted for the same infringement; and
where a fine has been imposed on a person by a court in relation to an infringement, another person is not to be charged, and a further penalty is not to be imposed on or recovered from another person, in respect of the same infringement.
Clause (1) does not apply to the owner if, within 14 days after the date of service of a notice or summons in relation to an infringement, the owner or, if the owner is a body corporate, the director, manager or secretary, delivers in accordance with the notice or summons a statutory declaration made by the owner or person setting out, where applicable:
that at the time the alleged infringement occurred, another person was in control of the motor vehicle and giving the name and address of that person and any other relevant information;
particulars of the sale or disposal of the motor vehicle before the date of the alleged infringement and giving the name and address of the purchaser and, if the sale was made through an agent, the name and address of the agent; or
particulars concerning the theft or unlawful use of the motor vehicle that removed it from the control of the owner.
An extract from or copy of an entry in a register purported to be signed by the CEO is, in all courts and on all occasions, prima facie evidence of the signature of the CEO and of the particulars contained in the entry without requiring the production of the register.
A statement signed by the CEO concerning particulars of entries in a register including, in relation to an animal, matter or thing:
whether the name of person was entered in a register in relation to an animal, matter or thing; or
whether a licence, permit, authority or registration had been issued,
is, in all courts and on all occasions, prima facie evidence of the signature of the CEO and of those particulars without requiring the production of the register.
(1) Where the council requires work to be carried out by the owner or occupier of land, the council, an authorised person, or an officer or employee authorised in that behalf may, by written notice served on the owner or occupier, require the owner or occupier at his or her own expense to execute the work or to cause it to be executed, and to do anything incidental to the work:
in or of the materials;
within the period;
in the manner; and
in the area,
specified in the notice.
(2) The council may require that work done in pursuance of a notice served under clause (1) is executed by qualified or licensed persons only.
(3) The council may, when serving a notice under clause (1), indicate that the council will, if requested, carry out the works referred to in the notice at the expense of the person on whom the notice is served.
(4) Without limiting the generality of the powers conferred on the council or other person under clause (1), the power to direct the manner of execution of work includes the power to require the person carrying out the work to pay to the council, or enter into a bond for payment to the council of, the amount the council thinks fit to provide security against costs that it may incur as a result of the execution of the work.
The council may carry out work required by or under the Act or these By‑laws to be executed on default by the person required to execute the work.
Where the council carries out work under clause (1), the cost to the council of carrying out the work is a debt due and payable by the person required to execute the work.
In this Division, licence includes permit, authority and registration.
Showing the first 12 of 201 provisions. See all provisions