Nhulunbuy (Animal Control) By-Laws 1998

animal means an animal that is kept on private premises in the corporation area, and includes dogs, cats, birds and reptiles.

appropriate fee means the fee determined by the Corporation to be the fee for a registration or other matter or for a class of registration or other matter.

approved means approved by the Corporation by resolution.

assistance dog means a dog:

(a) trained and assessed by a training institution recognised by the Corporation; and

(b) used by a person to alleviate the effects of a diagnosed disability, whether physical, sensory or psychological.

attack, in relation to the actions of a dog, means an action of a dog that involves the dog rushing at, biting, chasing, menacing or worrying a person or another animal and, in so doing, the dog actually touches the person or animal or the clothing or other property in the immediate possession or under the immediate control of the person, whether or not any injury or damage occurs to the person, animal or property.

authorised person means an authorised person as defined in section 7 of the Local Government Act 2019.

CEO means the person who is responsible for exercising the powers and performing the functions under and in relation to these By-laws that, if the Corporation was a shire council and the corporation area was a local government area, the CEO of the shire council would be exercising or performing.

Corporation means the Nhulunbuy Corporation Limited ACN 009 596 598.

corporation area means the areas described in the Schedule to the instrument referred to in by‑law 2(1), a copy of which is set out in Schedule 1.

dangerous dog means a dog declared to be dangerous under by‑law 28A.

determined means determined by the Corporation by resolution.

dog means an animal of the genus Canis.

dog exercise area means a dog exercise area declared under by‑law 29.

dog restriction area means a dog restriction area declared under by‑law 29.

dog-tag means a dog-tag issued under by‑law 24.

identification device means a device or mark used for identifying an animal registered under these By‑laws and includes a dog-tag, permanent electronic subcutaneous implant, tattoo or other approved device or mark.

infringement notice, see by‑law 16.

infringement notice offence, see by‑law 16(1).

livestock includes crocodiles, cattle, buffalo, horses, camels, sheep, goats, pigs (including wild pigs), deer, alpacas, poultry llamas and honey bees.

menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that the dog is likely to attack the person, another person or an animal owned or in the control of the first-mentioned person, and includes a reasonable apprehension that the dog may escape or be released from restraint to attack a person or the animal.

nuisance, see by-law 19A(2).

officer means the following:

owner, see by-law 4AA.

permanent electronic subcutaneous implant means an electronic device that can be implanted into the tissue of a dog for the purpose of identifying the dog.

pound means a pound established or maintained under by‑law 19H.

pound supervisor means a person appointed to be a supervisor of a pound under by‑law 19H(2).

premises includes a building and land (whether built on or not).

prescribed amount, see by‑law 16(2).

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, in relation to a dog, means registered under these By‑laws.

registrar means the person appointed under by‑law 6 to be the registrar.

registered owner, in relation to a dog, means the person specified in the appropriate register as the owner of the dog.

vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle, tricycle, motor vehicle, wheelchair and an animal being driven or ridden.

veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994.

(2) A reference in these By‑laws to a dog at large is a reference to a dog, other than a dog in the custody of an authorised person or in a pound, in a place other than premises owned or occupied by the owner of the dog.

(3) For the purposes of these By‑laws, a dog is under effective control if the dog is:

(a) restrained by a leash, cord, chain or similar device that is not longer than 3 metres and that is held by a person who has attained the age of 12 years and is competent to restrain the dog;

(b) enclosed in a vehicle (which includes being in or on the back of a flat topped, tray backed or well bodied vehicle) in such a manner that no part of the dog is projecting from the vehicle; or

(c) in a dog exercise area in accordance with the conditions, if any, to which use of the area is subject and the dog is not a female dog in oestrus.