By-laws Review

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