Northern Territory Consolidated Regulations

DARWIN CITY COUNCIL BY-LAWS - SECT 58

(1) The council may determine the number of:

(a) dogs; or

(b) declared dogs; or

(c) dogs of a specified class; or

(d) cats; or

(e) cats of a specified class;

that may be kept at premises within the municipality without a licence granted for the premises under this by-law.

(2) A person may apply to the council for a licence to keep at premises more than the number of dogs or cats determined under clause (1).

(3) The council must, not later than 28 days after receiving the application:

(a) license or renew the licence of the premises, either conditionally or unconditionally; or

(b) refuse to license or renew the licence of the premises.

(4) If the council refuses to license or renew the licence of the premises, the council must refund to the applicant the fee accompanying the application.

(5) In considering an application under clause (1), the council may take into account a matter that is, in its opinion, relevant and in particular may take into account the following:

(a) the facilities for controlling dogs or cats at the premises specified in the application;

(b) the number of dogs or cats kept or to be kept at the premises;

(c) the likely impact, if the licence is granted or renewed, on the residents in the locality where the premises are situated.

(6) If the application is for a licence for the keeping of dogs, the council must not grant or renew the licence for premises if:

(a) the council has determined the manner in which premises must be fenced; and

(b) the premises are not fenced in accordance with the determination.

(7) The council may renew a licence without considering the application in the manner specified in clause (5) or (6) if:

(a) to the council's knowledge no matters have arisen that, if taken into account at the time the licence was granted, would have caused the council to refuse to grant the licence or to grant the licence subject to conditions other than those specified in the licence; and

(b) the council has not, since the grant of the licence, made a determination under clause (1) that affects the premises.

(8) If the council refuses to grant or renew a licence or grants a licence subject to conditions or renews a licence subject to conditions not imposed on the original licence, the council must notify the applicant of the reasons for its decision.