Northern Territory Consolidated Acts Northern Territory Consolidated Acts35. By-laws
(1) The Board may make by-laws for the sanctuary, not inconsistent with this Act, any other law of the Territory or the plan of management, prescribing all matters required or permitted by this Act or the plan of management to be prescribed by by-laws or necessary or convenient to be so prescribed for carrying out or giving effect to the functions and powers of the Board and the Commission.
(2) Without limiting the generality of subsection (1), but subject to subsection (3), by-laws may be made -
(a) providing for the prohibition or the regulation of fishing;
(b) providing for the prohibition of the use of firearms;
(c) providing for the prohibition of the setting of traps;
(d) providing for the requiring of persons, upon entering the sanctuary, to declare all items of fishing equipment, firearms, ammunition and traps in their possession;
(e) providing for the prohibition or the regulation of the carrying of fishing equipment, firearms, ammunition and traps;
(f) providing for the seizure of fishing equipment, firearms, ammunition and traps reasonably suspected of being carried or used in contravention of a by-law or the plan of management;
(g) regulating or prohibiting the pollution of water;
(h) providing for the protection and preservation of the sanctuary and property and things thereon;
(j) providing opening times and closing times for access to the sanctuary by persons who are not members of the group;
(k) regulating or prohibiting access to the sanctuary by persons or classes of persons;
(m) providing for the removal
from the sanctuary of persons who are believed, on reasonable grounds, to be
trespassers or to have contravened or failed to comply with a provision of
this Act, a
by-law or the plan of management;
(n) regulating or prohibiting camping;
(p) providing for the safety of persons;
(q) regulating or prohibiting the use of fire;
(r) regulating the conduct of persons;
(s) providing for the prevention or control of nuisances;
(t) regulating or prohibiting the carrying on of any trade or commerce;
(u) providing for fees and charges to be imposed on persons, who are not members of the group, entering, camping on or using the sanctuary or using services or facilities provided by or on behalf of the Board;
(w) regulating or prohibiting the use of vehicles and providing for signs and road markings for those purposes;
(y) regulating or prohibiting, and providing for the imposition and collection of charges for -
(i) the parking or stopping of vehicles;
(ii) the mooring of vessels;
(iii) the landing of aircraft; and
(iv) the use of vehicles and vessels;
(z) providing for the removal of vehicles, aircraft or vessels from places where they have been left in contravention of the by-laws or have been abandoned and for the impounding of such vehicles, aircraft or vessels;
(za) making provision to the effect that, where a contravention of a provision of the by-laws relating to the parking or stopping of vehicles occurs in respect of a motor vehicle, the person who is to be regarded as the owner of the motor vehicle for the purposes of the by-laws (who may, in accordance with the by-laws, be or include a person in whose name the motor vehicle is registered under a law of the Territory) is to be deemed to have committed an offence against the provision so contravened, whether or not he in fact contravened that provision;
(zb) enabling a person who is alleged to have contravened a provision of the by-laws relating to -
(i) littering;
(ii) the use of vehicles or vessels;
(iii) the parking or stopping of vehicles;
(iv) the mooring or landing of vessels; or
(v) the landing, use or flying of aircraft,
to pay to the Board, as an alternative to prosecution, a specified sum in lieu of the penalty by which a contravention of that provision is otherwise punishable;
(zc) regulating or prohibiting the use of vessels on, and the passage of vessels through, the sanctuary and the landing and use of aircraft in, and the flying of aircraft over, the sanctuary;
(zd) regulating or prohibiting the taking of animals or plants into or out of the sanctuary and providing for the control of animals on the sanctuary;
(ze) providing for the impounding, removal, destruction or disposal of animals found straying on the sanctuary;
(zf) regulating or prohibiting the laying of baits and the use of explosives and poisons on the sanctuary;
(zg) providing for the collection of specimens and the pursuit of research for scientific purposes on the sanctuary; and
(zh) providing for any matter incidental to or connected with any of the foregoing.
(3) A by-law shall not regulate the use by a member of the group or prohibit him from having in his possession or using any firearm, ammunition, trap, net or fishing equipment used or intended to be used by him in connection with the exercise of his right, as a member of the group, to use and occupy the sanctuary or a part of the sanctuary.
(4) A provision of the by-laws regulating or prohibiting the flying of aircraft over the sanctuary does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth or the Territory, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law.
(5) The power to make by-laws conferred by this Act may be exercised -
(a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases; and
(b) so as to make, in respect of cases in relation to which it is exercised, the same provision for all those cases or different provisions for different cases or classes of cases.
(6) The power to make by-laws conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that -
(a) a provision is made by or under this Act in relation to that matter or another matter; or
(b) power is expressly conferred by or under this Act to make provision by by-laws for or in relation to another matter.
(7) The by-laws may provide, in respect of an offence against or under this Act or the by-laws, for the imposition of -
(a) a fine not exceeding $5,000; or
(b) a fine not exceeding $1,000 for each day during which the offence continues.
(8) In proceedings for an offence against a
by-law, an averment of the prosecutor, contained in the information or
complaint, that, at a specified time a person was on the sanctuary or a
particular part of the sanctuary to which the
by-law relates, is prima facie
evidence of that fact.
(9) A prosecution for an offence against a by-law shall not be commenced except with the written authority of the Board or its Chairman, or the Director of the Commission.