Northern Territory Consolidated Regulations

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DARWIN CITY COUNCIL BY-LAWS - SECT 3

Interpretation

3. Interpretation

In these By-laws, unless the contrary intention appears:

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.

bicycle or tricycle means a 2 or, as the case may be, 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.

council means the Darwin City Council.

determined means determined by the council by resolution.

guide dog means a dog trained by a guide dog training institution recognised by the council and used as a guide by a person who is wholly or partially blind or deaf.

handbill includes a poster, placard, notice, ticket, pamphlet and advertisement.

holder means the holder of an authority, licence, permit, or certificate of registration.

licence means a licence issued under these By-laws, and includes a renewal of a licence.

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.

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 and a vehicle designed to be propelled by electric power obtained from overhead wires but not operated on rails, but does not include a motorised wheelchair which is not capable of travelling at a speed greater than 7 km/h or a powered bicycle or tricycle.

municipality means the municipality of Darwin.

owner , in relation to:

(a) an animal (other than a dog or cat), a boat, motor boat or vehicle means, in the absence of proof to the contrary, the person for the time being in control of the animal, boat, motor boat or vehicle;

(b) a dog or cat means:

(i) the person whose name appears in the appropriate register as the owner of the dog or cat; or

(ii) the owner of the dog or cat as defined in by-law 53(2);

(c) a motor vehicle means the person in whose name the vehicle is registered under the Motor Vehicles Act 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 pound established or maintained in accordance with these By-laws.

pound manager means a person appointed to be the manager of a pound.

premises includes land and/or buildings.

public beach means a beach or foreshore open to or used by the public.

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 or thoroughfare 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.

registrar means the person appointed by the council to be a registrar.

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, recreation ground, 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 motorised wheelchair which is not capable of travelling at a speed greater than 7 km/h.



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