Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) In these By-laws, unless the contrary intention appears:
"abandon", in relation to a dog, includes deliberately leaving the dog at premises or failing to obtain the release of the dog from a pound.
"animal" means an animal that is kept on private premises in the corporation area, and includes dogs, cats, birds and reptiles.
"appropriate fee" means the fee determined by the Corporation to be the fee for a licence, registration or other matter or for a class of licence, registration or other matter.
"approved" means approved by the Corporation by resolution.
"attack", in relation to the actions of a dog, means an action of a dog that involves the dog rushing at, biting, chasing, menacing or worrying a person or another animal and, in so doing, the dog actually touches the person or animal or the clothing or other property in the immediate possession or under the immediate control of the person, whether or not any injury or damage occurs to the person, animal or property.
"Corporation" means the Nhulunbuy Corporation Limited ACN 009 596 598.
"corporation area" means the areas described in the Schedule to the instrument referred to in by-law 2(1), a copy of which is set out in Schedule 1.
"determined" means determined by the Corporation by resolution.
"dog" means an animal of the genus Canis .
"dog exercise area" means a dog exercise area declared under by-law 29.
"dog restriction area" means a dog restriction area declared under by-law 29.
"dog-tag" means a dog-tag issued under by-law 24.
"guide dog" means a dog trained by a guide dog training institution approved by the Corporation and used as a guide by a person who is wholly or partially blind or deaf.
"identification device" means a device or mark used for identifying an animal registered under these By-laws and includes a dog-tag, permanent electronic subcutaneous implant, tattoo or other approved device or mark.
"licence" means a licence granted under these By-laws for the keeping of dogs on the premises in respect of which the licence is granted, and includes a renewal of a licence.
"menace", in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that the dog is likely to attack the person, another person or an animal owned or in the control of the first-mentioned person, and includes a reasonable apprehension that the dog may escape or be released from restraint to attack a person or the animal.
"owner", in relation to:
(a) an animal (except a dog), means, in the absence of proof to the contrary, the person for the time being in control of the animal; and
(b) a dog, means the person whose name appears in the appropriate register as the owner of the dog or the person for the time being in control of the dog.
permanent electronic subcutaneous implant means an electronic device that can be implanted into the tissue of a dog for the purpose of identifying the dog.
"pound" means a pound established or maintained in accordance with Division 8 of Part 3 of these By-laws.
"pound supervisor" means a person appointed to be a supervisor of a pound under by-law 44(2).
"premises" includes a building and land (whether built on or not).
"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, thoroughfare or cul-de-sac 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 under by-law 6 to be the registrar.
"registered owner", in relation to a dog, means the person specified in the appropriate register as the owner of the dog.
"Town Administrator" means the person who is responsible for exercising the powers and performing the functions under and in relation to these By-laws that, if the Corporation was a municipal council and the corporation area was a municipality, the clerk would be exercising or performing.
"vehicle" means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle, tricycle, motor vehicle, wheelchair and an animal being driven or ridden.
"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act .
(2) A reference in these By-laws to a dog at large is a reference to a dog, other than a dog in the custody of an authorised person or in a pound, in a place other than premises owned or occupied by the owner of the dog.
(3) For the purposes of these By-laws, a dog is under effective control if the dog is:
(a) restrained by a leash, cord, chain or similar device that is not longer than 3 metres and that is held by a person who has attained the age of 12 years and is competent to restrain the dog;
(b) enclosed in a vehicle (which includes being in or on the back of a flat topped, tray backed or well bodied vehicle) in such a manner that no part of the dog is projecting from the vehicle; or
(c) in a dog exercise area in accordance with the conditions, if any, to which use of the area is subject and the dog is not a female dog in oestrus.