South Australia: Local Government Act 1999 (SA)

South Australia Local Government Act 1999 An Act to provide for local government; and for other purposes. Contents Chapter 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Business purposes Chapter 2—The system of local government 6 Principal role of a council 7 Functions of council 8 Principles to be observed by council Chapter 3—Constitution of councils Part 1—Creation, structuring and restructuring of councils Division 1—Powers of the Governor 9 Governor may act by proclamation 10 Matters that may be included in a proclamation 11 General provisions relating to proclamations Division 2—Powers of councils and representation reviews 11A Number of members 12 Composition and wards 13 Status of a council or change of various names Part 2—Reform proposals Division 3—Principles 26 Principles Division 4—Procedures for proposals 27 Preliminary 28 Commission to receive proposals 29 Commission to deal with proposals 30 Inquiries—administrative proposals 31 Inquiries—general proposals 32 Notification of outcome of inquiries 32A Powers relating to inquiries 32B Costs 32C Inquiries—independence of Commission etc Part 3—General provisions 33 Ward quotas 34 Error or deficiency in address, recommendation, notice or proclamation Chapter 4—The council as a body corporate Part 1—Fundamental features Division 1—Council to be a body corporate 35 Corporate status 36 General powers and capacities 37 Provision relating to contracts and transactions 38 The common seal 39 Protection of members 40 Saving provision Division 2—Committees 41 Committees Division 3—Subsidiaries 42 Ability of council to establish a subsidiary 43 Ability of councils to establish a regional subsidiary Division 4—Delegations 44 Delegations Division 5—Principal office 45 Principal office Part 2—Commercial activities and restrictions 46 Commercial activities 47 Interests in companies Part 3—Prudential requirements for certain activities 48 Prudential requirements for certain activities Part 4—Contracts and tenders policies 49 Contracts and tenders policies Part 5—Public consultation policies 50 Public consultation policies Chapter 5—Members of council Part 1—Membership 51 Principal member of council 52 Councillors Part 2—Term of office and related issues Division 1—General issues 53 Term of office 54 Casual vacancies 55 Specific requirements if member disqualified 55A Leave of absence—council member contesting election Division 2—Special provisions if majority of members resign on specified grounds 56 General election to be held in special case 57 Restriction on activities during the relevant period Part 3—Role of members 58 Specific roles of principal member 59 Roles of members of councils 60 Declaration to be made by members of councils 61 Access to information by members of councils Part 4—Member integrity and behaviour Division 1—Member integrity Subdivision 1—General 62 General duties Subdivision 2—Register of Interests 64 Interpretation 65 Lodging of primary returns 66 Lodging of ordinary returns 67 Form and content of returns 68 Register of Interests 69 Provision of false information 70 Publication of Register 71 Restrictions on publication 72 Application of Subdivision to members of committees and subsidiaries Subdivision 3—Gifts and benefits 72A Register of gifts and benefits Subdivision 4—Conflicts of interest 73 Preliminary 74 General conflicts of interest 75 Material conflicts of interest 75A Exemptions and other matters 75B Dealing with general conflicts of interest 75C Dealing with material conflicts of interest 75D Application of Subdivision to members and meetings of committees and subsidiaries Division 2—Member behaviour 75E Behavioural standards 75F Council behavioural support policies Division 3—Health and safety duties 75G Health and safety duties Part 5—Allowances and benefits 76 Allowances 77 Reimbursement of expenses 78 Provision of facilities and support 79 Register of allowances and benefits 80 Insurance of members Part 6—Training and development 80A Training and development Part 7—Other matters 80B Suspension—member of council subject to intervention order Chapter 6—Meetings Part 1—Council meetings 81 Frequency and timing of ordinary meetings 82 Calling of special meetings 83 Notice of ordinary or special meetings 84 Public notice of council meetings 85 Quorum 86 Procedure at meetings Part 2—Committee meetings 87 Calling and timing of committee meetings 88 Public notice of committee meetings 89 Proceedings of council committees Part 3—Public access to council and committee meetings 90 Meetings to be held in public except in special circumstances 90A Information or briefing sessions Part 4—Minutes of council and committee meetings and release of documents 91 Minutes and release of documents Part 5—Code of practice 92 Access to meetings and documents—code of practice Part 6—Meetings of electors 93 Meetings of electors Part 7—Related matters 93A Audits by Ombudsman 94 Investigation by Ombudsman 95 Obstructing meetings Chapter 7—Council staff Part 1—Chief executive officer 96 Council to have a chief executive officer 97 Vacancy in office 98 Appointment procedures 99 Role of chief executive officer 99A Remuneration of chief executive officer 100 Council may have a deputy chief executive officer 101 Delegation by chief executive officer 102 Person to act in absence of chief executive officer 102A Chief executive officer—performance review Part 2—Appointment of other staff 103 Appointment etc by chief executive officer 104 Remuneration etc of other employees 105 Register of remuneration, salaries and benefits 106 Certain periods of service to be regarded continuous Part 3—Human resource management principles 107 General principles of human resource management Part 4—Employee integrity and behaviour Division 1—Employee integrity Subdivision 1—General 108 Interpretation 109 General duty and compliance 110A Duty to protect confidential information Subdivision 2—Register of Interests 111 Application of Subdivision 112 Interpretation 113 Lodging of primary returns 114 Lodging of ordinary returns 115 Form and content of returns 116 Register of Interests 117 Provision of false information 118 Inspection of Register 119 Restrictions on disclosure Subdivision 2A—Gifts and benefits 119A Register of gifts and benefits Subdivision 3—Conflict of interest 120 Conflict of interest Division 2—Employee behaviour 120A Behavioural standards Division 4—Protection from personal liability 121 Protection from personal liability Chapter 8—Administrative and financial accountability Part 1—Strategic management plans 122 Strategic management plans Part 2—Annual business plans and budgets 123 Annual business plans and budgets Part 3—Accounts, financial statements and audit Division 1—Accounts 124 Accounting records to be kept Division 2—Internal control, audit and risk committee etc 125 Internal control policies 125A Internal audit functions 126 Audit and risk committee 126A Regional audit and risk committee Division 3—Financial statements 127 Financial statements Division 4—Audit 128 Auditor 129 Conduct of audit 130 CEO to assist auditor Division 5—Other investigations 130A Other investigations Part 4—Annual reports 131 Annual report to be prepared and adopted 131A Provision of information to Minister Part 5—Access to documents 132 Access to documents Part 6—Related administrative standards 132A Related administrative standards Chapter 9—Finances Part 1—Sources of funds 133 Sources of funds Part 2—Financial arrangements 134 Borrowing and related financial arrangements 135 Ability of a council to give security 136 State Government not liable for debts of a council Part 3—Expenditure of funds 137 Expenditure of funds 138 Council not obliged to expend rate revenue in a particular financial year Part 4—Investment 139 Investment powers 140 Review of investments Part 5—Miscellaneous 141 Gifts to a council 142 Duty to insure against liability 143 Writing off bad debts 144 Recovery of amounts due to council 145 Payment of fees etc to council Chapter 10—Rates and charges Part 1—Rates and charges on land Division 1—Preliminary 146 Rates and charges that a council may impose 147 Rateability of land 148 Land against which rates may be assessed 149 Contiguous land Division 2—Basis of rating 150 General principles 151 Basis of rating Division 3—Specific characteristics of rates and charges 152 General rates 153 Declaration of general rate (including differential general rates) 154 Separate rates 155 Service rates and service charges Division 4—Differential rating and special adjustments 156 Basis of differential rates 157 Notice of differentiating factors 158 Minimum rates and special adjustments for specified values Division 5—Rebates of rates 159 Preliminary 160 Rebate of rates—health services 161 Rebate of rates—community services 162 Rebate of rates—religious purposes 163 Rebate of rates—public cemeteries 164 Rebate of rates—Royal Zoological Society of SA 165 Rebate of rates—educational purposes 166 Discretionary rebates of rates Division 6—Valuation of land for the purpose of rating 167 Valuation of land for the purposes of rating 168 Valuation of land 169 Objections to valuations made by council Division 7—Issues associated with the declaration of rates 170 Notice of declaration of rates Division 8—The assessment record 172 Chief executive officer to keep assessment record 173 Alterations to assessment record 174 Inspection of assessment record 175 Duty of Registrar-General to supply information Division 9—Imposition and recovery of rates and charges 176 Preliminary 177 Rates are charges against land 178 Liability for rates 179 Liability for rates if land is not rateable for the whole of the financial year 180 Service of rate notice 181 Payment of rates—general principles 182 Remission and postponement of payment 182A Postponement of rates—Seniors 183 Application of money in respect of rates 184 Sale of land for non-payment of rates 185 Procedure where council cannot sell land Division 10—Miscellaneous 186 Recovery of rates not affected by an objection or review 187 Certificate of liabilities 187A Administrative audits by Ombudsman 187B Investigation by Ombudsman Part 2—Fees and charges 188 Fees and charges Chapter 11—Land Part 1—Local government land Division 1—Preliminary 189 Crown as owner of land Division 2—Acquisition of land 190 Acquisition of land by agreement 191 Compulsory acquisition of land 192 Assumption of care, control and management of land Division 3—Community land 193 Classification 194 Revocation of classification of land as community land 195 Effect of revocation of classification Division 4—Management plans 196 Management plans 197 Public consultation on proposed management plan 198 Amendment or revocation of management plan 199 Effect of management plan Division 5—Business use of community land 200 Use of community land for business purposes Division 6—Disposal and alienation of local government land 201 Sale or disposal of local government land 202 Alienation of community land by lease or licence Division 8—Register of community land 207 Register Part 2—Roads Division 1—Ownership of roads 208 Ownership of public roads 209 Ownership of fixtures and equipment installed on public roads 210 Conversion of private road to public road Division 2—Highways 211 Highways Division 3—Power to carry out roadwork 212 Power to carry out roadwork 213 Recovery of cost of roadwork 214 Contribution between councils where road is on boundary between council areas 215 Special provisions for certain kinds of roadwork Division 4—Power to require others to carry out work 216 Power to order owner of private road to carry out specified roadwork 217 Power to order owner of infrastructure on road to carry out specified maintenance or repair work 218 Power to require owner of adjoining land to carry out specified work Division 5—Names and numbers 219 Power to assign a name, or change the name, of a road or public place 220 Numbering of premises and allotments Division 6—Control of work on roads 221 Alteration of road 222 Permits for business purposes 223 Public consultation 224 Conditions of authorisation or permit 225 Cancellation of authorisation or permit Division 7—Moveable signs 226 Moveable signs 226A Control of electoral advertising posters for Commonwealth elections 227 Removal of moveable sign Division 8—General provisions regulating authorised work 228 How work is to be carried out 229 Road to be made good Division 9—Survey marks 230 Survey marks Division 10—Register 231 Register Division 11—Miscellaneous 232 Trees 233 Damage 234 Council's power to remove objects etc from roads 234A Prohibition of traffic or closure of streets or roads Part 3—Anti-pollution measures 236 Abandonment of vehicles 237 Removal of vehicles Part 4—Specific by-law provisions 238 Power to control access and use of land 239 By-laws about use of roads 240A Roads vested in Commissioner of Highways Part 5—Other matters 241 Native title 242 Time limits for dealing with certain applications 243 Registrar-General to issue certificate of title 244 Liability for injury, damage or loss on community land 245 Liability for injury, damage or loss caused by certain trees 245A Council may require bond or other security in certain circumstances Chapter 12—Regulatory functions Part 1—By-laws 246 Power to make by-laws 247 Principles applying to by-laws 248 Rules relating to by-laws 249 Passing by-laws 250 Model by-laws 251 Expiry of by-laws 252 Register of by-laws and certified copies 253 Revocation of by-law does not affect certain resolutions Part 2—Orders Division 1—Power to make orders 254 Power to make orders Division 2—Associated matters 255 Procedures to be followed 256 Rights of review 257 Action on non-compliance 258 Non-compliance with an order an offence Division 3—Policies 259 Councils to develop policies Part 3—Authorised persons 260 Appointment of authorised persons 261 Powers under this Act 262 Power of enforcement Chapter 13—Review of local government acts, decisions and operations Part A1—Member behaviour Division 1—Council to deal with member behaviour 262A Complaints 262B Behavioural management policy 262C Action 262D Reasons Division 2—Behavioural standards panel Subdivision 1—Preliminary 262E Preliminary Subdivision 2—Behavioural standards panel 262F Establishment and constitution 262G Conditions of membership 262H Acting member 262I Meetings of Panel 262J Remuneration and expenses 262K Staff 262L Validity of acts of Panel 262M Costs 262N Functions 262O Delegation 262P Annual report Subdivision 3—Inquiries and action on complaints referred to Panel 262Q Referral 262R Proceedings of Panel 262S Assessment 262T Inquiries 262U Powers relating to inquiries 262V Dispute resolution 262W Action 262X Reports on inquiries Part 1—Member integrity—complaints, investigations and proceedings 263A Investigations by Ombudsman 263B Outcome of Ombudsman investigation 264 Complaint lodged with SACAT 265 Hearing by SACAT 266 Constitution of SACAT 267 Outcome of proceedings 268 Application to committees and subsidiaries Part 2—Internal review of council actions 270 Procedures for review of decisions and requests for services 271 Mediation, conciliation and neutral evaluation Part 3—Reviews initiated by Minister Division 1—Councils 271A Provision of information to Minister 271B Minister may take steps to ensure reasonable standards are observed 272 Minister may refer investigation of council to Ombudsman 273 Action on report Division 2—Subsidiaries 274 Investigation of subsidiary 275 Action on a report Part 4—Special jurisdiction 276 Special jurisdiction Chapter 14—Miscellaneous Part 1—Ministerial delegations and approvals 277 Delegation by the Minister 278 Approval by Minister does not give rise to liability Part 2—Service of documents and proceedings 279 Service of documents by councils etc 280 Service of documents on councils 281 Recovery of amounts from lessees or licensees 282 Ability of occupiers to carry out works Part 3—Evidence 283 Evidence of proclamations 284 Evidence of appointments and elections 285 Evidence of resolutions etc 286 Evidence of making of a rate 287 Evidence of assessment record 288 Evidence of Government assessment 289 Evidence of registers 290 Evidence of by-law 291 Evidence of boundaries 292 Evidence of constitution of council, appointment of officers etc 293 Evidence of costs incurred by council Part 4—Other matters 294 Power to enter and occupy land in connection with an activity 296 Reclamation of land 297 Property in rubbish 298 Power of council to act in emergency 300 Costs of advertisements 301 River, stream or watercourse forming a common boundary 302 Application to Crown 302A Local government sector employees 302B Public health emergency 303 Regulations Schedule 1—Provisions relating to organisations that provide services to the local government sector Part 1—Local Government Association 1 The Local Government Association of South Australia 2 Local government indemnity schemes Schedule 1A—Implementation of Stormwater Management Agreement Division 1—Preliminary 1 Interpretation 2 Approval of Stormwater Management Agreement 3 Objects of Schedule 4 Interaction with other Acts Division 2—Stormwater Management Authority 5 Continuation of Stormwater Management Authority 6 Functions of Authority 7 Board of Authority 8 Terms and conditions of office 9 Remuneration 10 Validity of acts 11 Proceedings of board 12 Delegation 13 Use of facilities 14 Documents to be prepared and maintained by Authority 15 Stormwater Advisory Committee Division 3—Stormwater management plans 16 Guidelines 17 Preparation of stormwater management plans by councils 18 Authority may require preparation of stormwater management plan 19 Approval of stormwater management plans Division 4—Orders 20 Authority may issue order Division 5—Stormwater Management Fund 21 Establishment of Stormwater Management Fund 22 Payments out of Fund 23 Accounts and audit Division 6—Miscellaneous 24 Special powers in relation to land 25 Entry and occupation of land other than council land 26 Vesting of infrastructure etc 27 Immunity from liability 28 Assessment of reasonable costs and expenses 29 Evidentiary 30 Annual reports 31 Regulations Schedule 1B—Building upgrade agreements 1 Interpretation 2 Building upgrade agreement 3 Agreement to be made on voluntary basis 4 Variation or termination of agreement 5 Contents of agreement 6 Declaration of building upgrade charge 7 Payment of building upgrade charge 8 Building upgrade charge is a charge against land 9 Sale of land for non-payment of building upgrade charge 10 Repayment of advances to finance provider 11 Liability of council to recover building upgrade charge 12 Recovery of contribution towards building upgrade charge from lessee 13 Register of building upgrade agreements 14 Minister may require council to report on building upgrade agreements 15 Regulations Schedule 2—Provisions applicable to subsidiaries Part 1—Subsidiaries established by one council 1 Application for Ministerial approval 2 Corporate status 3 Charter of subsidiary 4 Appointment of board of management 5 Proceedings of board of management 6 Specific functions of board of management 7 Board members' duty of care etc 8 Business plans 9 Budget 10 Subsidiary subject to direction by council 11 Provision of information 12 Reporting 13 Internal audit 14 Liabilities 15 Principles of competitive neutrality 16 Winding-up Part 2—Regional subsidiaries established by two or more councils 17 Application for Ministerial approval 18 Corporate status 19 Preparation of charter 20 Appointment of board of management 21 Proceedings of board of management 22 Specific functions of board of management 23 Board members' duty of care etc 24 Business plans 25 Budget 26 Subsidiary subject to direction by councils 27 Provision of information 28 Reporting 29 Council becoming or ceasing as a constituent council 30 Internal audit 31 Liabilities 32 Principles of competitive neutrality 33 Winding-up Part 3—Common matters 34 Board members' duties of honesty 35 Disclosure 36 Power of delegation 37 Common seal and execution of documents 38 Protection from liability 39 Interests in companies 40 Saving provision Schedule 3—Register of Interests—Form of returns 1 Interpretation 2 Contents of return Schedule 4—Material to be included in annual report of council Schedule 5—Documents to be made available by councils Schedule 6—Charges over land 1 Preliminary 2 Notice of charge to Registrar-General 3 Effect of charge 4 Discharge of charge Schedule 8—Provisions relating to specific land 6 Beaumont Common 7 Glenelg amusement park 8 Klemzig Memorial Garden 9 Levi Park 10 Reynella Oval 11 Lochiel Park Lands 12 Frew Park 13 Gawler Park Lands and Pioneer Park Schedule 9—Suspension of members 1 Suspension of members Legislative history The Parliament of South Australia enacts as follows: Chapter 1—Preliminary 1—Short title This Act may be cited as the Local Government Act 1999. 3—Objects The objects of this Act are— (a) to promote the continuance of a system of local government in South Australia under which elected local government bodies are constituted for the better governance of the State in a manner that is consistent with the provisions of Part 2A of the Constitution Act 1934; and (b) to encourage the participation of local communities in the affairs of local government and to provide local communities, through their councils, with sufficient autonomy to manage the local affairs of their area; and (c) to provide a legislative framework for an effective, efficient and accountable system of local government in South Australia; and (d) to ensure the accountability of councils to the community; and (e) to improve the capacity of the local government system to plan for, develop and manage local areas and to enhance the capacity of councils to act within their local areas as participants in the Australian system of representative government; and (f) to encourage local government to provide appropriate services and facilities to meet the present and future needs of local communities and to provide for appropriate financial contributions by ratepayers to those services and facilities; and (g) to encourage local government to manage the natural and built environment in an ecologically sustainable manner; and (h) to define the powers of local government and the roles of council members and officials. 4—Interpretation (1) In this Act, unless the contrary intention appears— absolute majority of the members of a council means a majority of the whole number of the members; accounting records means all records and documents relevant to any receipt or payment of money and includes the working papers and other documents necessary to explain the methods and calculations by which statements and accounts are made up; Adelaide City Council means The Corporation of the City of Adelaide; agenda means a list of items of business to be considered at a meeting; annual value means annual value as defined in the Valuation of Land Act 1971; area means the area for which a council is constituted; Australian Parliament means the Parliament of the State, the Commonwealth or another State, or a Legislative Assembly of a Territory of the Commonwealth; authorised person means a person appointed by a council as an authorised person under Chapter 12 Part 3; behavioural management policy—see section 262B(1); behavioural standards means the standards of behaviour to be observed by members of councils published under Chapter 5 Part 4 Division 2; Behavioural Standards Panel or Panel means the Behavioural Standards Panel established under Chapter 13 Part A1 Division 2; behavioural support policy—see section 75F(1); board member means, according to the context— (a) a member of the board of management of a subsidiary established by a single council under this Act; or (b) a member of the board of management of a regional subsidiary established by two or more councils under this Act; building upgrade agreement—see Schedule 1B clause 2; building upgrade charge—see Schedule 1B clause 2; business day means a day that is not a Saturday, Sunday or public holiday; capital value means capital value as defined in the Valuation of Land Act 1971; cash advance debenture rate, for a particular financial year, means the cash advance debenture rate used by the Local Government Finance Authority of South Australia at the commencement of that financial year; chief executive officer means the chief executive officer of a council and includes a deputy or other person acting in the office of chief executive officer; commercial project means a commercial activity or enterprise; Commission or South Australian Local Government Boundaries Commission means the South Australian Local Government Grants Commission established under the South Australian Local Government Grants Commission Act 1992; community land means local government land classified as community land under Chapter 11; company means a company incorporated under the Corporations Act 2001 of the Commonwealth; constituent council of a regional subsidiary means a council that has participated in the establishment of the subsidiary under this Act, or that has become a constituent council under Schedule 2; council means a council constituted under this Act; council committee means a committee of a council established under this Act and includes a subcommittee; councillor means a person appointed or elected as a councillor of a council under this Act; council subsidiary means a subsidiary established under Schedule 2; CPI means the Consumer Price Index (All Groups Index for Adelaide) published by the Australian Bureau of Statistics; day therapy centre means a place that provides day therapy to older persons to enable them to maintain or regain a level of independence and to continue to live in their own homes, or to enable carers to have some respite; district council means a council constituted as a district council; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; elector—see Local Government (Elections) Act 1999; Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1985; farm land means land used wholly or mainly for the business of primary production; general election, in relation to a council, means a general election of members of the council (whether held under section 5 of the Local Government (Elections) Act 1999 or pursuant to a proclamation or notice under this Act); highway means— (a) a main road or a controlled-access road within the meaning of the Highways Act 1926; or (b) a road vested in the name of the Commissioner of Highways or the Minister to whom the administration of the Highways Act 1926 is committed; or (c) a road that is subject to a notice under section 26 of the Highways Act 1926; or (d) land (other than land vested in a council) declared to be a public road under Part 3A of the Highways Act 1926; independent living units means— (a) units in a complex of residential units that are primarily occupied by retired persons and their spouses or domestic partners; or (b) units in a retirement village under the Retirement Villages Act 1987 where a note of the use of the land as a retirement village is endorsed on the relevant certificates of title; integrity provision means— (a) in relation to members of councils—a provision of Chapter 5 Part 4 Division 1; or (b) in relation to employees of councils—a provision of Chapter 7 Part 4 Division 1; land means, according to the context— (a) land as a physical entity, including— (i) any building or structure on, or improvement to, land; or (ii) land covered by water and, in such a case, the overlying water; or (iii) a strata lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988; or (b) a legal estate or interest in, or right in respect of, land; lease includes a tenancy agreement; lessee includes a tenant; LGA means the Local Government Association of South Australia; litter includes bottles, cans, cartons, packages, paper, glass and food stuffs; local government land means land owned by a council or under a council's care, control and management; member of a council means the principal member or a councillor of the council; mobile food vending business means a business involving the sale of food or beverages from a vehicle (within the meaning of the Road Traffic Act 1961); moveable sign means a moveable advertisement or sign; municipal council means a council constituted as a municipal council; occupier means a person who is, either jointly or alone, in possession of land (to the substantial exclusion of others); officer of a body corporate means a director, manager, secretary or public officer of the body corporate and includes any other person who takes part in the management of the affairs of the body corporate; owner of land means— (a) if the land is unalienated Crown land—the Crown; or (b) if the land has been granted in fee simple (and is not unalienated Crown land)— (i) the holder of an estate in fee simple, or a life estate, in the land; or (ii) the holder of a leasehold estate in the land who is not in occupation of the land; or (iii) a mortgagee in possession of the land (or a receiver appointed by such a mortgagee); or (c) if the land is held from the Crown under a lease, licence or agreement to purchase—the lessee, licensee or purchaser; or (d) a person who holds native title in the land; or (e) a person who has arrogated to himself or herself (lawfully or unlawfully) the rights of an owner of the land, and includes the executor of the will, or administrator of the estate, of any such person; owner, in relation to a motor vehicle, means— (a) a person registered or recorded as the owner or an owner of the vehicle under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth; or (b) if the vehicle is registered in the name of a business under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth—any person carrying on that business; or (c) a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads, and includes— (d) if the ownership of the vehicle has been transferred but the transferee has not yet been registered or recorded as the owner of the vehicle—a person to whom ownership of the vehicle has been transferred; or (e) if a person has possession of the vehicle by virtue of the hire or bailment of the vehicle—that person; park means community land reserved or delineated as a park or designated by a council as a park; periodic election means an election to fill offices of a council held pursuant to section 5 of the Local Government (Elections) Act 1999; principal member, of a council—see Chapter 5 Part 1; private road means a road in private ownership; project includes— (a) any form of activity or enterprise; (b) the provision of facilities or services; (c) any form of scheme, work or undertaking; public consultation policies—see Chapter 4 Part 5; public notice—see subsection (1aa); public place means a place (including a place on private land) to which the public has access, but does not include any part of a community parcel divided by a plan of community division under the Community Titles Act 1996; public road means— (a) any road or land that was, immediately before the commencement of this Act, a public street or road under the repealed Act; or (b) any road— (i) that is vested in a council under this or another Act; or (ii) that is placed under a council's care, control and management as a public road after the commencement of this Act, but not including an alley, laneway, walkway or other similar thoroughfare vested in a council; or (c) any road or land owned by a council, or transferred or surrendered to a council, and which, subject to this Act, is declared by the council to be a public road; or (d) any land shown as a street or road on a plan of division deposited in the Lands Titles Registration Office or the General Registry Office and which is declared by the council to be a public road; or (e) any land transferred or surrendered to the Crown for use as a public road that was, immediately before the transfer, held by a person in fee simple or under a lease granted by the Crown, (and includes any such road that is within the boundaries of a public square); quarter means any period of three months commencing on 1 January, 1 April, 1 July or 1 October; rateable land or rateable property means land that is rateable under Chapter 10; ratepayer means a person who appears in the assessment record as the owner or occupier of rateable property; regional subsidiary means a subsidiary of two or more councils; registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth; regulatory activity means an activity which involves the making or enforcement of by-laws, orders, standards or other controls under this or another Act; relative of a person means— (a) the spouse or domestic partner; or (b) a parent, step parent or remoter lineal ancestor; or (c) a child, step child or remoter descendant; or (d) a sibling or step sibling; or (e) any member of the person's family who resides in the person's household; relevant audit and risk committee means— (a) in relation to a council that has, with 1 or more other councils, established a regional audit and risk committee—the regional audit and risk committee; or (b) in relation to any other council—the council audit and risk committee; remuneration means salary, allowances and other monetary benefits paid or payable to an employee of a council; repealed Act means the Local Government Act 1934; reserve means community land reserved or dedicated as a reserve or designated by the council as a reserve; road means a public or private street, road or thoroughfare to which public access is available on a continuous or substantially continuous basis to vehicles or pedestrians or both and includes— (a) a bridge, viaduct or subway; or (b) an alley, laneway or walkway; roadwork means— (a) the construction of a road; or (b) the maintenance or repair of a road; or (c) the alteration of a road; or (d) the construction of drains and other structures for the drainage of water from a road; or (e) the installation of fences, railings, barriers or gates; or (f) the installation of traffic control devices, traffic islands or parking bays; or (g) the improvement of a road including (for example)— (i) landscaping and beautification; or (ii) installation of road lighting; or (h) the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or (i) the installation of signs on or adjacent to a road for the use or benefit of the public; rubbish includes litter and waste matter; SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; senior executive officer means an employee of a council— (a) who reports directly to the chief executive officer; and (b) — (i) whose total remuneration equals or exceeds $100 000 per annum; or (ii) whose position is identified in the organisational structure of the staff of the council as a senior executive officer's position for the purposes of this Act; spouse—a person is the spouse of another if they are legally married; strategic management plans—see Chapter 8 Part 1; structural reform proposal means a proposal to— (a) constitute a council; or (b) amalgamate two or more councils; or (c) abolish a council and incorporate its area into the areas of two or more councils; or (d) alter the boundaries of a council area; subsidiary of a council means— (a) a subsidiary of the council; or (b) a regional subsidiary for which the council is a constituent council; supported accommodation means— (a) residential care facilities that are approved for Commonwealth funding under the Aged Care Act 1997 (Cwlth); or (b) accommodation for persons with mental health difficulties, intellectual or physical difficulties, or other difficulties, who require support in order to live an independent life; or (c) without limiting paragraph (b), accommodation provided by a community housing provider registered under the Community Housing Providers National Law that is incorporated on a not‑for‑profit basis for the benefit of the public, other than accommodation provided by such a body— (i) that has as a principal object of the body the provision of housing for members of the body; or (ii) that is excluded from the ambit of this paragraph by the Minister by notice published in the Gazette; township means— (a) any government township and any land laid out as a township where plans of the township have been deposited in the Lands Titles Registration Office, the General Registry Office or the Surveyor-General's Office; or (b) any part of the area of a council that contains at least 20 residences and that is defined as a township by the council by notice in the Gazette; unalienated Crown land means all land of the Crown except— (a) land held in fee simple by an agency or instrumentality (other than a Minister) of the Crown; (b) land subject to a lease or licence (other than a lease or licence relating to exploration for, or recovery of, minerals or petroleum); (c) land subject to an agreement to purchase; valuation means a determination or assessment of value; vehicle includes motor cycle and bicycle; waste matter includes any discarded object or material (whether or not it has any apparent value). (1aa) For the purposes of this Act, public notice is given if— (a) notice is published— (i) in the Gazette; and (ii) — (A) in the case of a notice to be published by a council—on a website determined by the chief executive officer; or (B) in the case of a notice to be published by another person or body—on a website determined by the person or body; and (b) notification of the fact of publication of the notice and the website address at which the notice is available for inspection is published in a newspaper circulating within the area of the relevant council. (1a) For the purposes of paragraph (c) of the definition of supported accommodation in subsection (1)— (a) a body will not be regarded as incorporated on a not‑for‑profit basis— (i) if a principal or subsidiary object of the body is— (A) to secure a pecuniary profit for the members of the body or any of them; or (B) to engage in trade or commerce; or (ii) if the constitution or rules of the body provide that the surplus assets of the body on a winding‑up are to be distributed to its members or to another body that does not have identical or similar aims or objects; and (b) the Minister may, by notice in the Gazette, vary or revoke a notice that has been previously published in the Gazette under that paragraph. (2) For the purposes of this Act, a reference to the conclusion of council elections is a reference— (a) in the case of periodic elections— (i) if the number of candidates nominated to contest each of the elections for the council does not exceed the number of persons required to be elected—to the last business day before the second Saturday of November of the year of the elections; or (ii) in any other case—to the time at which the last result of the periodic elections is certified by the returning officer under the Local Government (Elections) Act 1999; (b) in the case of elections held on a day appointed by proclamation or notice— (i) if the number of candidates nominated to contest each of the elections for the council does not exceed the number of persons required to be elected—to the day fixed as polling day for the elections; or (ii) in any other case—to the time at which the last result of the elections is certified by the returning officer under the Local Government (Elections) Act 1999; (c) in the case of a supplementary election— (i) if the number of candidates nominated to contest the election does not exceed the number of persons required to be elected—to the time at which the nominated candidate or candidates are declared elected by the returning officer under the Local Government (Elections) Act 1999; or (ii) in any other case—to the time at which the result of the election is certified by the returning officer under the Local Government (Elections) Act 1999. (3) If— (a) a person is authorised or required by a provision of this Act to act in a particular office or position while the holder of the office or position is absent; or (b) a provision of this Act provides for the appointment of a person to act in a particular office or position while the holder of the office or position is absent, the provision authorises or requires that person to act in the office or position while the holder of the office or position is absent from the duties of the office or position or while the office or position is temporarily vacant. (4) Subsection (3) operates subject to any other section that makes express provision for another person to act in the relevant office or position. 5—Business purposes For the purposes of this Act, land may be used for a business purpose even if it is not intended to make a profit. Chapter 2—The system of local government Note— Schedule 1 contains provisions relating to organisations that provide services to the local government sector. 6—Principal role of a council A council is, under the system of local government established by this Act, established to provide for the government and management of its area at the local level and, in particular— (a) to act as a representative, informed and responsible decision-maker in the interests of its community; and (b) to provide and co-ordinate various public services and facilities and to develop its community and resources in a socially just and ecologically sustainable manner; and (c) to encourage and develop initiatives within its community for improving the quality of life of the community; and (d) to represent the interests of its community to the wider community; and (e) to exercise, perform and discharge the powers, functions and duties of local government under this and other Acts in relation to the area for which it is constituted. 7—Functions of council The functions of a council include— (a) to plan at the local and regional level for the development and future requirements of its area; (b) to provide services and facilities that benefit its area, its ratepayers and residents, and visitors to its area; (ba) to determine the appropriate financial contribution to be made by ratepayers to the resources of the council; (c) to provide for the welfare, well-being and interests of individuals and groups within its community; (d) to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards; (e) to manage, develop, protect, restore, enhance and conserve the environment in an ecologically sustainable manner, and to improve amenity; (f) to provide infrastructure for its community and for development within its area (including infrastructure that helps to protect any part of the local or broader community from any hazard or other event, or that assists in the management of any area); (g) to promote its area and to provide an attractive climate and locations for the development of business, commerce, industry and tourism; (h) to establish or support organisations or programs that benefit people in its area or local government generally; (i) to manage and, if appropriate, develop, public areas vested in, or occupied by, the council; (j) to manage, improve and develop resources available to the council; (k) to undertake other functions and activities conferred by or under an Act. 8—Principles to be observed by council A council must act to uphold and promote observance of the following principles in the performance of its roles and functions— (a) provide open, responsive and accountable government; (b) be responsive to the needs, interests and aspirations of individuals and groups within its community; (c) participate with other councils, and with State and national governments, in setting public policy and achieving regional, State and national objectives; (d) give due weight, in all its plans, policies and activities, to regional, State and national objectives and strategies concerning the economic, social, physical and environmental development and management of the community; (e) seek to co-ordinate with State and national government in the planning and delivery of services in which those governments have an interest; (ea) seek to collaborate, form partnerships and share resources with other councils and regional bodies for the purposes of delivering cost-effective services (while avoiding cost-shifting among councils), integrated planning, maintaining local representation of communities and facilitating community benefit; (f) seek to facilitate sustainable development and the protection of the environment and to ensure a proper balance within its community between economic, social, environmental and cultural considerations; (g) manage its operations and affairs in a manner that emphasises the importance of service to the community; (h) seek to ensure that council resources are used fairly, effectively and efficiently and council services, facilities and programs are provided effectively and efficiently; (i) seek to provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs; (ia) seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers; (j) achieve and maintain standards of good public administration; (k) ensure the sustainability of the council's long‑term financial performance and position. Chapter 3—Constitution of councils Part 1—Creation, structuring and restructuring of councils Division 1—Powers of the Governor 9—Governor may act by proclamation The Governor may, by proclamation, do one or more of the following: (a) constitute a new council; (b) amalgamate two or more councils to form a single council or two or more councils (being a lesser number than the number of councils subject to amalgamation); (c) define the area of a council; (d) alter the boundaries of a council; (e) give a name to, or alter the name of— (i) a council; (ii) the area of a council; (f) constitute a council as a municipal council or a district council, or change a municipal council to a district council or a district council to a municipal council; (g) divide, or redivide, the area of a council into wards, alter the division of the area of a council into wards, or abolish the division of the area of a council into wards; (h) give a name to, or alter the name of, a ward; (i) determine the composition of a council (for example, by making provision about the principal member of a council and about the number of councillors for a council and, if a council has wards, the number of councillors to represent each ward), or alter the composition of a council; (j) abolish a council. 10—Matters that may be included in a proclamation (1) If the Governor by proclamation under this Part constitutes a new council, or amalgamates two or more councils to form a single council or two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations, in respect of a council that is being formed— (a) — (i) appoint the first members of the council and, if so determined, make provision for the first election of members of the council; or (ii) make provision for the election of the first members of the council; (b) provide for an alteration to the composition of the council from a date specified in the proclamation; (c) determine the method or methods of assessing rateable property within the area of the council; (d) if some or all of the area of the council has previously been within the area of a council—provide for differential rates within the area on a specified basis for a specified period in order to allow rating relativities within the area of the council to be gradually realigned; (e) make provision for the by-laws that are to apply in the area (or part of the area) of the council; (f) make provision for the appointment or selection of the first chief executive officer of the council and, as appropriate, of other officers of the council; (g) make, subject to the provisions of a relevant Act, award or industrial agreement, provision to protect the various rights and interests of staff. (2) If the Governor by proclamation under subsection (1) makes provision for the appointment or election of the members of a council, the Governor may also, by proclamation, cancel (for a particular year) the holding of periodic elections for the council. (3) If two or more councils are being amalgamated, the Governor may also, by proclamation, make provision for the preparation of final financial statements for the councils that are being amalgamated, and for other matters that should be finalised or resolved in connection with the amalgamation. (4) If two or more councils are amalgamated under this Part so as to form a single council, the assets, rights and liabilities of the councils subject to the amalgamation are, subject to any other provision made by proclamation, on the amalgamation, vested in or attached to the council formed by the amalgamation. (5) If three or more councils are amalgamated under this Part so as to form more than one council, the assets, rights and liabilities of the councils subject to the amalgamation are, on the amalgamation, apportioned between the councils formed by the amalgamation in such manner as is specified by proclamation. (6) If the Governor by proclamation under this Part alters the boundaries of two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations— (a) provide for differential rates within the area of a council affected by the alteration of boundaries on a specified basis in order to allow rating relativities to be gradually realigned on account of the alteration; (b) make any special provision that may be necessary or desirable about the by-laws that are to apply in parts of the areas affected by the alteration of the boundaries; (c) make provision for the transfer, apportionment, settlement or adjustment of property, assets, income, rights, liabilities or expenses as between the relevant councils. (7) If the Governor by proclamation under this Part provides for new or additional offices in the membership of a council, the Governor may, by the same or a subsequent proclamation or proclamations, appoint the first persons to fill those offices. (8) If the Governor by proclamation under this Part abolishes a council, the Governor may, by the same or a subsequent proclamation or proclamations— (a) declare that the property, assets, rights and liabilities of the council, as at the date of abolition, vest in, or attach to, another council or councils named in the proclamation; (b) make, subject to the provisions of a relevant Act, award or enterprise agreement, provision to protect the various rights and interests of staff of the council being abolished. (9) If the Governor does not make a declaration under subsection (8)(a) on or before the day on which the council is abolished, the assets, rights and liabilities of the council vest in, or attach to, the Crown on the abolition of the council. 11—General provisions relating to proclamations (1) The Governor cannot make a proclamation under a preceding section of this Division except— (a) in pursuance of an address from both Houses of Parliament; or (c) in pursuance of a proposal recommended by the Minister under Part 2. (2) The Governor may also, by proclamation— (a) make provision for related or ancillary matters necessary, desirable or expedient in view of the circumstances of a particular case; (b) provide that during a transitional period specified in the proclamation (being a period not exceeding five years from the date of operation of the proclamation), a provision of this Act applies as varied or modified in a manner set out in the proclamation to or in respect of— (i) a council affected (or to be affected) by a proclamation under this Part; or (ii) a council constituted or formed by a proclamation under this Part; (c) include other provisions of a transitional nature consequent on changes being made by proclamation under this Part (including for the construction of references in instruments or documents). (3) The provisions of a proclamation under this Part have effect according to their terms as from the day or days fixed in the proclamation or, if no day or days are so fixed, as from the day of the publication of the proclamation. Division 2—Powers of councils and representation reviews 11A—Number of members (1) Despite any other provision of this Chapter, a council must not be comprised of more than 13 members, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review. (2) Subsection (1) applies to a council from— (a) in the case of a council that commences a representation review in accordance with section 12 after the commencement of subsection (1) and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of subsection (1); or (b) in any other case—polling day for the second periodic election due to be held after the commencement of subsection (1). (3) A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review. 12—Composition and wards (1) A council may, by notice in the Gazette after complying with the requirements of this section— (a) alter the composition of the council; (b) divide, or redivide, the area of the council into wards, alter the division of the area of the council into wards, or abolish the division of the area of a council into wards. (2) A notice under this section may also— (a) change the council from a municipal council to a district council, or change the council from a district council to a municipal council; (b) alter the name of— (i) the council; (ii) the area of the council; (c) give a name to, or alter the name of, a ward, (without the need to comply with section 13). (3) A council must, before it publishes a notice, conduct and complete a review under this section for the purpose of determining whether its community would benefit from an alteration to its composition or ward structure. (4) A review may relate to a specific aspect of the composition of the council, or of the wards of the council, or may relate to those matters generally—but a council must ensure that all aspects of the composition of the council, and the issue of the division, or potential division, of the area of the council into wards, are comprehensively reviewed under this section at least once in each relevant period that is prescribed by the regulations. (5) A council must, in order to commence a review, initiate the preparation of a report (a representation report) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review. (6) The representation report must— (a) examine the advantages and disadvantages of various options that are available to the council under subsection (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)— (i) examine the question of whether the number of members should be reduced; and (ii) if the area of the council is divided into wards, examine the question of whether the division of the area into wards should be abolished; and (b) set out any proposal that the council considers should be carried into effect under this section; and (c) in respect of any such proposal—include an analysis of how the proposal relates to the principles under section 26(1)(c) and the matters referred to in section 33 (to the extent that may be relevant); and (d) examine such other relevant issues as the council or the person preparing the report thinks fit. (7) The council must undertake public consultation on the representation report. (11) The council must then finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit). (11a) If— (a) the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the member cap); or (b) the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap, the report must be referred to the Electoral Commissioner. (11b) On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an exemption certificate), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council. (11c) In subsection (11b)— exceptional circumstances means circumstances where the report does not— (a) examine the matters referred to in subsection (6)(a); or (b) set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b). (11d) If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal. (11e) If the matter is referred back to the council under subsection (11d), the council— (a) must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and (b) must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and (c) must then refer the report to the Electoral Commissioner under subsection (12). (12) The council must then refer the report to the Electoral Commissioner (and, if relevant, provide with the report a copy of an exemption certificate given to the council). (12a) The report must, if written submissions are received as part of public consultation undertaken under subsection (7), include copies of any written submissions that relate to the subject‑matter of the proposal. (13) On receipt of a report, the Electoral Commissioner must determine whether the requirements of this section have been satisfied and then— (a) if of the opinion that the requirements have been satisfied—give an appropriate certificate; or (b) if of the opinion that the requirements have not been satisfied—refer the matter back to the council together with a written explanation of the reasons for not giving a certificate under this subsection. (14) The validity of a determination of the Electoral Commissioner under subsection (13) cannot be called into question. (15) If a certificate is given by the Electoral Commissioner under subsection (13)(a)— (a) the Electoral Commissioner must specify in the certificate a day by which an appropriate notice (or notices) for the purposes of this section must be published by the council in the Gazette; and (b) the council may then, by notice (or notices) in the Gazette, provide for the operation of any proposal under this section that it has recommended in its report. (16) If the matter is referred back to the council under subsection (13)(b), the council— (a) must take such action as is appropriate in the circumstances (and may, as it thinks fit, alter its report); and (b) may then refer the report back to the Electoral Commissioner. (17) However, a council must, if it makes an alteration to its report under subsection (16)(a), comply with the requirements of subsection (7) (as if the report (as altered) constituted a new report), unless the council determines that the alteration is of a minor nature only. (18) A proposal under this section takes effect as follows: (a) if the day of publication of the relevant notice under subsection (15) occurs before 1 January of the year in which a periodic election is next due to be held then, unless paragraph (c) applies, the proposal will take effect as from polling day for that periodic election; (b) if the day of publication of the relevant notice under subsection (15) occurs on or after 1 January of a year in which a periodic election is due to be held (and before polling day for that periodic election) then, unless paragraph (c) applies, the proposal will take effect as from polling day for the periodic election next following the periodic election held in the year of publication; (c) if a general election (not being a periodic election) is held after the expiration of 7 months from the day of publication of the relevant notice under subsection (15) (and before polling day for the next periodic election after publication) then the proposal will take effect from polling day for that general election. (19) If a council— (a) subject to subsection (22), fails to undertake a review in accordance with the requirements of this section; or (b) fails to take appropriate action if a matter is referred back to the council under subsection (11d) or (13)(b); or (c) fails to publish an appropriate notice in the Gazette by the day specified by the Electoral Commissioner in a certificate under this section, the chief executive officer must refer the matter to the Electoral Commissioner. Maximum penalty: $2 500. (20) On the referral of a matter under subsection (19), the Electoral Commissioner may take such action as, in the circumstances of the particular case, appears appropriate to the Electoral Commissioner and may then, by notice in the Gazette, give effect to a proposal that could have been carried into effect by the council under this section. (21) The Electoral Commissioner may recover from councils costs reasonably incurred by the Electoral Commissioner in performing his or her functions under this section. (22) The Minister may exempt a council from the requirement to hold a review under this section on the basis that relevant issues have already been addressed by a proposal under this Chapter. (23) An exemption under subsection (22) may be granted on conditions determined by the Minister, including a condition that the council carry out a review under this section by a date specified by the Minister. (24) If— (a) the area of a council is divided into wards; and (b) the Electoral Commissioner notifies the council in writing that the number of electors represented by a councillor for a ward varies from the ward quota by more than 20 per cent, then the council must undertake a review under this section within a period specified by the Electoral Commissioner. (25) For the purposes of subsection (24)— (a) if two or more councillors represent a ward, the number of electors represented by each councillor will be taken to be the number of electors for the ward (as at a date determined by the Electoral Commissioner) divided by the number of councillors who represent the ward (ignoring any fractions resulting from the division); and (b) the ward quota is the number of electors for the area (as at a date determined by the Electoral Commissioner) divided by the number of councillors for the area of the council who represent wards (ignoring any fractions resulting from the division). 13—Status of a council or change of various names (1) A council may,