Northern Territory Repealed Regulations

This legislation has been repealed.

NGUIU COMMUNITY GOVERNMENT COUNCIL (WATER POLLUTION) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

NGUIU COMMUNITY GOVERNMENT COUNCIL (WATER POLLUTION) BY-LAWS

As in force at 21 June 1989

TABLE OF PROVISIONS

By-law

1. Citation

2. Meaning of protected waters

3. Offences in relation to protected waters

4. Election to pay fixed penalty

5. Publication of By-laws

SCHEDULE

Notes

NORTHERN TERRITORY OF AUSTRALIA

____________________

This reprint shows the By-laws as in force at 21 June 1989. Any amendments that may come into operation after that date are not included.

____________________

NGUIU COMMUNITY GOVERNMENT COUNCIL (WATER POLLUTION) BY-LAWS

By-laws under the Local Government Act

1. Citation

These By-laws may be cited as the Nguiu Community Government Council (Water Pollution) By-laws. (See back note 1)

1. Meaning of protected waters

In these By-laws, "protected waters" means all the waters within the Nguiu community government area (as described in clause 3 of the Nguiu Community Government Scheme).

1. Offences in relation to protected waters

(1) A person shall not without lawful authority or excuse –

(a) enter any part of the protected waters;

(b) cause or permit any animal under his control to enter any part of the protected waters;

(c) wash any article in any part of the protected waters; or

(d) do, or cause or permit the doing of, any other thing which pollutes any part of the protected waters.

Penalty: $2,000.

(2) A prosecution for an offence against clause (1) may be instituted in the name of the Nguiu Community Government Council by the clerk of the Council.

1. Election to pay fixed penalty

(1) Where it appears to an officer of the Nguiu Community Government Council that a person has infringed by-law 3(1), the officer may serve on that person a notice of infringement in accordance with the form in the Schedule.

(2) A person on whom a notice of infringement is served may, within a period of 14 days beginning with the date on which it is served, pay to the clerk of the Council a penalty of $200 in respect of the infringement alleged.

(3) A prosecution shall not be brought against a person for an infringement of by-law 3(1) in respect of which he has paid a penalty in accordance with clause (2).

1. Publication of By-laws

(1) Section 57 of the Interpretation Act does not apply to these By-laws.

(2) Copies of these By-laws shall be available for inspection by members of the public during office hours at the office of the Council.

____________________________

SCHEDULE

By-law 4(1)

Nguiu Community Government Council (Water Pollution) By-laws

NOTICE OF INFRINGEMENT

To ................................................. of .....................................................

(name) (address, if known)

You are alleged to have committed an offence against by-law 3(1) of the above By-laws by –

[ ] entering protected waters;

[ ] causing or permitting an animal to enter protected waters;

[ ] washing .................................................................................

(general description of article(s) concerned)

in protected waters;

[ ] polluting protected waters by ..............................................................

(brief description of act done, caused or permitted)

(tick box above as appropriate)

The offence is alleged to have taken place at ...............................................

(place)

on ..................................................... at ................................................

(date) (time)

You may choose to have the alleged offence –

(a) prosecuted in a court of competent jurisdiction; or

(b) disposed of without prosecution by paying a fixed penalty of $200.

If you choose option (b), you must pay the $200 to the clerk of the Nguiu Community Government Council, at the council office and within 14 days beginning with the date of service of this notice.

Dated ...../...../19....

Council Officer

____________________________

Notes

1. The Nguiu Community Government Council (Water Pollution) By-laws, under the Local Government Act, as originally made or replaced and amended, as specified in the following table:

__________________