By-laws Review

Share on Facebook Share on Twitter Share on Linkedin Email this link

Outcomes and Council decision

During the consultation period we received 15 submissions from 14 people in relation to the draft By-laws. Some people commented on more than one draft By-law.

At its meeting on Tuesday 28 September, Council considered the feedback received from the community and determined to make the By-laws with no changes to the draft versions that were proposed.

The By-laws Nos. 1-6 will come into effect four months from the date of publication in the Government Gazette, anticipated to be early 2022.

Following endorsement of the By-laws by Council, the following documents will be reviewed and presented to Council prior to the By-laws coming into effect:

  • No smoking areas
  • Dogs on Leash areas
  • Dogs Prohibited areas
  • Dogs off Leash areas
  • Fees associated with Council By-laws
  • Drones areas (if required)
  • Fishing areas (if required)

It is anticipated these documents will be considered by Council at a meeting in November/December 2021. Council may also resolve to apply permissions/prohibitions to any other aspect relating to one or more By-laws, as they so decide.

Read the community engagement outcomes report

Council report (notice, agenda and community engagement outcomes report, pages 239-356) and minutes - see 28 September meeting links

Review of community feedback by Norman Waterhouse lawyers

Background

We are inviting community feedback on our By-laws.

Councils in South Australia are able to establish By-laws under the Local Government Act 1999. By-laws are local laws established by councils to deal with issues specific to the relevant council area.

The City of Tea Tree Gully has the following six By-laws:

  • By-law No.1 – Permits and Penalties: Provides for a permit system, to fix maximum penalties in Council by-laws, to clarify the construction of such by-laws, and to repeal certain by-laws
  • By-law No.2 – Roads: For the management of public roads including the prohibition and regulation of particular activities
  • By-law No.3 – Local Government Land: For the management and regulation of the use of and access to all land vested in or under the control of the Council including the prohibition and regulation of particular activities on local government land
  • By-law No.4 – Dogs: For the management and control of dogs within the Council's area
  • By-law No.5 – Moveable Signs: To set standards for moveable signs on roads, to provide conditions for and the placement of such signs, to protect public safety and to protect or enhance the amenity of the area of the Council
  • By-law No.6 – Waste Management: To regulate and control the removal of domestic, recyclable and green organic waste from premises, for the prevention and suppression of nuisances, and for regulating the management of property of the Council

These By-laws were last reviewed in 2015 and have been in effect since 1 January 2016. The Local Government Act states that By-laws will expire on 1 January after the seventh anniversary of the day the By-law was made (which is 1 January 2023).

We have started the process of reviewing our existing By-laws now to ensure we have sufficient time to comply with the statutory procedures and Parliamentary processes involved, and to avoid the existing By-laws lapsing before the new By-laws come into effect. As per the Act, community engagement is required prior to the making of any By-laws.

Proposed changes to the By-laws

Some minor changes have been proposed to our existing By-laws and are visible in the relevant documents as track changes. The changes include:

  • By-law No. 3 and By-law No. 6 – amendments to wording and definitions
  • By-law No. 4 – restriction of one dog on a small property, as well as the definition of a small property, has been removed as the number of small properties has increased since this clause was included some 14 years ago, and due to difficulties in enforcing this restriction. See the Council Report for more detail

To get involved and have your say:

  • Register here (if you haven't already, otherwise you can sign in when prompted)
  • Review the proposed draft By-laws (available to the right of the screen or the links above)
  • Provide feedback by completing the online feedback form
  • Have a question? Ask us here using the below Q&A tool

All feedback received will be presented to Council for consideration prior to Council making the By-laws. Those who provide feedback will be advised of the Council meeting date when the matter will be considered and following this, the Council’s decision.

If you need assistance to participate in this consultation, please call us on 8397 7444 or send us a message

Outcomes and Council decision

During the consultation period we received 15 submissions from 14 people in relation to the draft By-laws. Some people commented on more than one draft By-law.

At its meeting on Tuesday 28 September, Council considered the feedback received from the community and determined to make the By-laws with no changes to the draft versions that were proposed.

The By-laws Nos. 1-6 will come into effect four months from the date of publication in the Government Gazette, anticipated to be early 2022.

Following endorsement of the By-laws by Council, the following documents will be reviewed and presented to Council prior to the By-laws coming into effect:

  • No smoking areas
  • Dogs on Leash areas
  • Dogs Prohibited areas
  • Dogs off Leash areas
  • Fees associated with Council By-laws
  • Drones areas (if required)
  • Fishing areas (if required)

It is anticipated these documents will be considered by Council at a meeting in November/December 2021. Council may also resolve to apply permissions/prohibitions to any other aspect relating to one or more By-laws, as they so decide.

Read the community engagement outcomes report

Council report (notice, agenda and community engagement outcomes report, pages 239-356) and minutes - see 28 September meeting links

Review of community feedback by Norman Waterhouse lawyers

Background

We are inviting community feedback on our By-laws.

Councils in South Australia are able to establish By-laws under the Local Government Act 1999. By-laws are local laws established by councils to deal with issues specific to the relevant council area.

The City of Tea Tree Gully has the following six By-laws:

  • By-law No.1 – Permits and Penalties: Provides for a permit system, to fix maximum penalties in Council by-laws, to clarify the construction of such by-laws, and to repeal certain by-laws
  • By-law No.2 – Roads: For the management of public roads including the prohibition and regulation of particular activities
  • By-law No.3 – Local Government Land: For the management and regulation of the use of and access to all land vested in or under the control of the Council including the prohibition and regulation of particular activities on local government land
  • By-law No.4 – Dogs: For the management and control of dogs within the Council's area
  • By-law No.5 – Moveable Signs: To set standards for moveable signs on roads, to provide conditions for and the placement of such signs, to protect public safety and to protect or enhance the amenity of the area of the Council
  • By-law No.6 – Waste Management: To regulate and control the removal of domestic, recyclable and green organic waste from premises, for the prevention and suppression of nuisances, and for regulating the management of property of the Council

These By-laws were last reviewed in 2015 and have been in effect since 1 January 2016. The Local Government Act states that By-laws will expire on 1 January after the seventh anniversary of the day the By-law was made (which is 1 January 2023).

We have started the process of reviewing our existing By-laws now to ensure we have sufficient time to comply with the statutory procedures and Parliamentary processes involved, and to avoid the existing By-laws lapsing before the new By-laws come into effect. As per the Act, community engagement is required prior to the making of any By-laws.

Proposed changes to the By-laws

Some minor changes have been proposed to our existing By-laws and are visible in the relevant documents as track changes. The changes include:

  • By-law No. 3 and By-law No. 6 – amendments to wording and definitions
  • By-law No. 4 – restriction of one dog on a small property, as well as the definition of a small property, has been removed as the number of small properties has increased since this clause was included some 14 years ago, and due to difficulties in enforcing this restriction. See the Council Report for more detail

To get involved and have your say:

  • Register here (if you haven't already, otherwise you can sign in when prompted)
  • Review the proposed draft By-laws (available to the right of the screen or the links above)
  • Provide feedback by completing the online feedback form
  • Have a question? Ask us here using the below Q&A tool

All feedback received will be presented to Council for consideration prior to Council making the By-laws. Those who provide feedback will be advised of the Council meeting date when the matter will be considered and following this, the Council’s decision.

If you need assistance to participate in this consultation, please call us on 8397 7444 or send us a message

Q and A - By-laws Review

Ask us a question about the Review of By-laws and we'll get back to you. Questions and answers will also be published on this website.

Note: please do not send questions here that are not relevant to the draft By-laws. Questions about general Council matters please contact Customer Service

loader image
Didn't receive confirmation?
Seems like you are already registered, please provide the password. Forgot your password? Create a new one now.
  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Given the cat by-law was removed due to State Legislation WHY is not the Dog By-Law removed for exactly the same reason State Legislation control. At least there is not a lottery for dog owners to Register, Desex, Micro Chip and contain our dogs.

    chrisbenray asked over 1 year ago

    Hi chrisbenray, thanks for your question. In response:

    Section 90 of the Dog and Cat Management Act 1995 provides Council with the opportunity to make  by-laws for the control or management of dogs or cats within its area. On this occasion Council has resolved not to introduce a Cat by-law, however did resolve to maintain (and review) a By-law related to Dogs.

    Kind regards Joanne

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    why are not all ovals / reserves not open for dogs off lead when not engaged by sporting activities. ie Illyarie Reserve is not used for 7 months of the year, 3 areas free. Tilley sports oval is huge and not used all year round, similar to the arrangements that have been granted to Memorial Oval. Do council members have to put in a motion for each oval / reserve that is used for sporting activities that dog owning ratepayers / residents would like to exercise their dog on. The plastic ovals are understandable, Modbury Football club also. Harpers Field is not mentioned is it ok for dogs to be off lead when not in use for sporting activities.

    chrisbenray asked over 1 year ago

    Hi chrisbenray, thanks for your question. In response:

    After the By-laws are endorsed by resolution of Council, the following documents will be reviewed or developed and presented to Council prior to the By-laws coming into effect: 

    • No smoking areas 
    • Dogs on Leash areas 
    • Dogs Prohibited areas 
    • Dogs off Leash areas 
    • Fees associated with Council By-laws 
    • Drones areas (if required) 
    • Fishing areas (if required) 


    Public consultation is not necessary for the above documents but can take place should Council prefer, after the By-laws are made at Council.

    Kind regards, Sarah

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Is it possible to have access to the original determination for the decision to include a by-law for a limit to the number of dogs allowed on small properties? It does not seem relevant to discard the by-law that was found to be necessary originally, simply because it is too hard to manage, and indeed, if there are now many more properties that are in the category that was found to be significant enough to cause the by-law to be enacted, to repeal it without discussion of the original merit seems underhanded? Would it not be easier to amend the registration process to include a check box for size of property, number of dogs to be registered at that address? There is not enough information available for proper consultation on this issue?

    Feltipen asked over 1 year ago

    Hi Feltipen, thanks for your questions/comments. In response:

    The definition of a small dwelling has existed in the By-law in some form dating back in our available records to 2008.

    The By-laws are amended every seven year period, with a variety of changes recommended to meet the demands of the present period.

    Page 4 of the Council Report provides further explanation as to the amendment made to this Draft By-Law in relation to dwelling size. This change is an improvement for the community.

    The Dog and Cat Management Board have reviewed this Draft By-law and did not provide any concern in relation to this amendment.

    Kind regards, Sarah 

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Please provide a link to the proposed Draft By-Law No 7 Cats as it is not available here, nor is it attached to the council meeting report The paragraph above titled "proposed changes" is misleading, Draft By-Law no 3 does not have definition changes, but does have other changes. these should probably not be masked by a misleading statement.

    Feltipen asked over 1 year ago

    Hi Feltipen, thanks for your question/comments. In response:

    At the Council meeting on 8 June 2021 Council voted not to proceed with a Cat By-law therefore there is no need to consult with the community.  

    A link to the Council Meeting agenda for 8 June 2021 is available on this webpage, with the draft Cat By-law contained in Attachment 7 of the relevant report.

    In relation to the amendments to Draft By-Law No.3 Local Government Land, you are correct in identifying that minor changes to the wording and explanation of Clause 9 – Council May do Work has also occurred. For transparency the “Have your Say” webpage includes a link to the draft By-laws with tracked changes clearly identified. 

    Kind regards, Sarah

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Why is there not a By-Law for Cat management so as residents and ratepayers could express their ideas on cat management to enable council to take responsibility as requested by the RSPCA and AWL.

    chrisbenray asked over 1 year ago

    Hi chrisbenray, thanks for your question. In response:

    At the Council meeting on 8 June 2021 Council voted not to proceed with a Cat By-law, therefore there is no need to consult with the community.   

    A link to the Council Meeting minutes for 8 June 2021 is available on this webpage

    Kind regards, Sarah

Page last updated: 04 Jul 2022, 01:38 PM