Local Nuisance and Litter Control Regulations 2017 (SA)

South Australia Local Nuisance and Litter Control Regulations 2017 under the Local Nuisance and Litter Control Act 2016

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Administration 4 Functions of councils—guidelines 5 Annual reports by councils Part 3—Offences Division 1—Local nuisance 6 Exemptions from application of section 18 7 Measurement procedures for determining presence of local nuisance Division 2—Litter control 8 Disposing of litter—meaning of general litter 9 Disposing of litter—exemptions for authorised artificial reefs 10 Bill posting 11 Citizen's notification Division 3—Miscellaneous 12 Notification to EPA of serious or material environmental harm Part 4—Nuisance abatement notices and litter abatement notices 13 Action on non‑compliance with notice Part 5—Civil remedies and penalties 14 Minister or council may recover civil penalty in respect of contravention Part 6—Miscellaneous 15 Payment of fees by instalments 16 Waiver or refund of fees 17 Recovery of fees Schedule 1—Form of citizen's notification 1 Form of citizen's notification—littering (regulation 11) 2 Form of citizen's notification—bill posting (regulation 11) Schedule 2—Form of notice of right to elect to be prosecuted 1 Form of notice of right to elect to be prosecuted (regulation 14) Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Local Nuisance and Litter Control Regulations 2017. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Local Nuisance and Litter Control Act 2016; 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; spouse—a person is the spouse of another if they are legally married. (2) For the purposes of these regulations, a person is an associate of another if— (a) they are partners; or (b) 1 is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (d) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (g) a chain of relationships can be traced between them under any 1 or more of the above paragraphs.