1Citation
These By-laws may be cited as the Palmerston (Public Places)
By‑laws 2001.
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 Palmerston (Public Places)
By‑laws 2001.
These By-laws bind the Crown in right of the Territory.
In these By-laws, unless the contrary intention appears:
access-way means a driveway constructed between a road or road-related area and adjacent land.
adjacent land has the same meaning as in the Australian
Road Rules.
appropriate fee means the fee determined from time to time by the council to be the fee for a permit or other authority or other matter or for a class of permits, authorities or matters.
approved means approved by the council by resolution.
Australian Road Rules means the Australian Road
Rules contained in Schedule 3 to the Traffic Regulations 1999.
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 across water.
child means a person who is 10 years or less of age.
council means the Palmerston City Council.
determined means determined by the council by resolution.
footpath means a footpath, bicycle path or shared path within the meaning of the Australian Road Rules.
handbill includes a poster, placard, notice, ticket, pamphlet and advertisement.
land includes water.
litter includes garbage, rubbish, refuse, waste matter, cigarette butts, matches, dead animals and discarded vehicle bodies, machinery and implements.
meeting means a meeting of the council.
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 powered bicycle or tricycle or a motorised wheelchair which is not capable of travelling at a speed greater than
10 km/h.
municipality means the municipality of Palmerston.
naturestrip means the area between a road or road-related area and adjacent land that is not a footpath.
owner means:
in relation to an animal, a boat, motor boat or vehicle (other than a motor vehicle) – unless there is proof to the contrary, the person for the time being in control of the animal, boat, motor boat or vehicle; or
in relation to a motor vehicle – 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 renewed permit.
premises includes land, whether built on or not, and buildings.
public place includes:
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;
every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;
every road, road-related area, footpath, court, alley, lane, thoroughfare or cul-de-sac which the public are allowed to use, notwithstanding that the road, road-related area, footpath, court, alley, lane, thoroughfare or cul-de-sac may be formed on private property; and
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.
registrar means the person appointed by the council to be a registrar under by-law 6.
reserve means land that is:
a public place owned by, leased to, vested in or under the care, control or management of the council; and
capable of being used as a park, garden, nature reserve, recreation ground, oval or playing field or for swimming, bathing, boating or other recreation associated with water.
road has the same meaning as in rule 12 of the
Australian Road Rules.
road-related area has the same meaning as in rule 13 of the Australian Road Rules.
vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle or tricycle, motor vehicle and an animal being driven or ridden but does not include a motorised wheelchair that is not capable of travelling at a speed greater than 10 km/h or a train.
These By-laws apply to and are in force within the whole of the municipality.
The council may, by resolution, regulate or determine:
charges and fees for:
(i) a permit or other authority, or a class of permits or other authorities, granted under these By-laws; or
(ii) a service, product, commodity or item, or a class of services, products, commodities or items, performed or supplied for the purposes of these By-laws; and
(b) the purpose for which and the conditions on which the council may grant permits or other authorities under these By-laws or perform or supply a service, product, commodity or item for the purposes of these By-laws.
(2) If the council makes a determination under this by-law, the council must publish notice of the determination in a newspaper generally circulating in the municipality as soon as practicable after the determination is made.
(3) If the council grants a permit or other authority or performs or supplies a service, product, commodity or item in respect of which it has determined a charge or fee under clause (1), the council may demand and recover the amount of the charge or fee.
The council may appoint a person to be the registrar for the purposes of these By-laws or for a part of these By-laws.
The registrar must keep the number of registers as determined by the council.
The registrar may keep a register in the medium or combination of mediums that the registrar considers appropriate including, but not limited to, a computer, microfilm or paper.
(1) An extract from or copy of an entry in a register purported to be signed by the registrar is, in all courts and on all occasions, evidence of the signature of the registrar and of the particulars contained in the entry without requiring the production of the register.
(2) A statement signed by the registrar concerning particulars of entries in a register including:
(a) whether the name of a person was entered in a register in relation to an animal, matter or thing; and
whether a permit or other authority had been issued,
is to be received in a court, a tribunal or by a person acting judicially as evidence of the signature of the registrar and of those particulars without requiring the production of the register.
(3) In relation to the making of a resolution by the council for the purposes of these By-laws, the minutes of a meeting of the council or a document purporting to be a true copy of or an extract from, the minutes of a meeting of the council signed by the clerk is to be received in a court, a tribunal or by a person acting judicially as evidence of the particulars contained in the minutes, or that extract or copy, without further proof.
(1) Subject to this by-law, if an offence against these By-laws relating to a motor vehicle is allegedly committed and the name of the offender is not ascertained, the owner of the motor vehicle at the time the offence occurs is, whether or not the owner in fact committed the offence:
to be taken to have committed the offence; and
(b) if an infringement notice is issued in relation to the commission of the offence – to be issued the infringement notice.
(2) The owner of a motor vehicle is not to be taken to have committed an offence if:
(a) the motor vehicle was, at the time of the offence, stolen or unlawfully used without the owner's consent;
(b) the motor vehicle is registered under the Motor Vehicles Act 1949 and at the time of the offence:
(i) the owner had sold or disposed of the motor vehicle but the registration of the motor vehicle had not been transferred to the new owner; and
(ii) the owner had provided the Registrar with a notice of disposal in respect of the motor vehicle as required by section 20 of that Act; or
(c) within 14 days after the owner is, in relation to the alleged offence, served or issued with:
an infringement notice;
a summons; or
(iii) any other document dealing with the recovery or enforcement of a penalty for an offence that may be served or issued under an Act,
the owner delivers to the council a statutory declaration made by the owner:
(iv) stating that some other person was in control of the motor vehicle at the time the offence was allegedly committed and setting out the name and address of that other person and any other information known to the owner that may assist in identifying or locating that other person;
(v) stating that the motor vehicle was sold before the offence was allegedly committed and setting out the date of the sale, the name and address of the person to whom it was sold and, if the sale was made through an agent, the name and address of the agent; or
(vi) stating that at the time when the offence was allegedly committed the motor vehicle had been stolen or was being used unlawfully without the owner's consent.
(3) If the owner of the motor vehicle is a body corporate, a director, secretary or manager of the body corporate may make a statutory declaration for the purposes of clause (2).
(4) If the owner of the motor vehicle is the Territory, the Commonwealth, a State or another Territory of the Commonwealth or a statutory corporation, a person authorised, or apparently authorised, for the purpose may make a statutory declaration for the purposes of clause (2).
(5) A person named in a statutory declaration as being in control of a motor vehicle at the time of an alleged offence cannot be found guilty of the offence unless a copy of the statutory declaration is affixed to the summons for the offence at the time the summons is served on the person.
(6) If a person is specified as the new owner of a motor vehicle in a notice of disposal referred to in clause (2)(b)(ii):
(a) the person is to be taken to be the owner of the motor vehicle at the time of the offence for the purposes of this by-law (other than clause (2)(b)); and
(b) this by-law applies as if a reference to the owner of the motor vehicle (other than in clause (2)(b)) were a reference to the person.
A statutory declaration referred to in clause (2)(c):
(a) is admissible in evidence in a prosecution against the person in relation to the offence; and
(b) is evidence that the person was the driver of the motor vehicle at the time of the offence.
(8) Subject to clause (9), nothing in this by-law affects the liability of an actual offender who is not the owner of the motor vehicle.
(9) If a penalty has been imposed on a person in relation to an offence referred to in this by-law:
another person cannot be charged with the same offence; and
(b) a further penalty cannot be imposed on or recovered from another person in relation to the same offence.
In a prosecution for an offence, a certificate issued by a person authorised under an Act (including an Act of the Commonwealth or a
State or another Territory of the Commonwealth) to issue the certificate stating:
that a specified person was the registered owner of a specified motor vehicle on a specified date;
that a specified person was recorded as the new owner of a specified motor vehicle on and from a specified date in a record of a notice of disposal in respect of the motor vehicle; or
if the specified motor vehicle is not registered at the time of issuing the certificate – that a specified person was the last registered owner of the motor vehicle to and including a specified date,
is evidence of the matters set out in the certificate and a court is to assume that the certificate was duly issued.
(1) If, for the purposes of these By-laws, the council requires the owner or occupier of land to carry out work or to take an action, the council 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 take the action (or cause the work to be executed or the action to be taken) and do anything incidental to the work or action:
in or with the materials;
within the period;
in the manner; and
in the area,
specified in the notice.
(2) The council may require the work to be executed or action to be taken 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 work or take the action referred to in the notice at the expense of the person on whom the notice is served.
(4) If the person on whom the notice is served requests the council to carry out the work or take the action, the council may require the person to pay to the council, or enter into a bond for payment to the council of, the amount the council considers appropriate to provide security against the costs it may incur as a result of executing the work or taking the action.
The council may carry out work or take an action required to be executed or taken under by-law 11 on default by the person required to execute the work or take the action.
If the council carries out work or takes an action under clause (1), the cost to the council of carrying out the work or taking the action is a debt due and payable by the person required to execute the work or take the action.
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