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