{"id":"local-nuisance-and-litter-control-regulations-2017","name":"Local Nuisance and Litter Control Regulations 2017","slug":"local-nuisance-and-litter-control-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236118,"registerId":"sa-local-nuisance-and-litter-control-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Nuisance and Litter Control Regulations 2017","content":"South Australia\nLocal Nuisance and Litter Control Regulations 2017\nunder the Local Nuisance and Litter Control Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Administration\n4\tFunctions of councils—guidelines\n5\tAnnual reports by councils\nPart 3—Offences\nDivision 1—Local nuisance\n6\tExemptions from application of section 18\n7\tMeasurement procedures for determining presence of local nuisance\nDivision 2—Litter control\n8\tDisposing of litter—meaning of general litter\n9\tDisposing of litter—exemptions for authorised artificial reefs\n10\tBill posting\n11\tCitizen's notification\nDivision 3—Miscellaneous\n12\tNotification to EPA of serious or material environmental harm\nPart 4—Nuisance abatement notices and litter abatement notices\n13\tAction on non‑compliance with notice\nPart 5—Civil remedies and penalties\n14\tMinister or council may recover civil penalty in respect of contravention\nPart 6—Miscellaneous\n15\tPayment of fees by instalments\n16\tWaiver or refund of fees\n17\tRecovery of fees\nSchedule 1—Form of citizen's notification\n1\tForm of citizen's notification—littering (regulation 11)\n2\tForm of citizen's notification—bill posting (regulation 11)\nSchedule 2—Form of notice of right to elect to be prosecuted\n1\tForm of notice of right to elect to be prosecuted (regulation 14)\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Local Nuisance and Litter Control Regulations 2017.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Local Nuisance and Litter Control Act 2016;\ndomestic 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;\nspouse—a person is the spouse of another if they are legally married.\n\t(2)\tFor the purposes of these regulations, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\t1 is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey 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\n\t(d)\t1 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\n\t(e)\t1 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\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta chain of relationships can be traced between them under any 1 or more of the above paragraphs.\nPart 2—Administration\n4—Functions of councils—guidelines\n\t(1)\tFor the purposes of section 7(3) of the Act, the following guidelines are prescribed for councils:\n\t(a)\tthe guidelines for managing unreasonable complainant conduct are—\n\t(i)\tto the extent to which the conduct is covered by a council's own guidelines—those guidelines; or\n\t(ii)\tin any other case—the guidelines set out in Managing unreasonable conduct by a complainant. A manual for frontline staff, supervisors and senior managers published by the New South Wales Ombudsman, March 2021, on the website of the New South Wales Ombudsman;\n\t(b)\ta council, and any authorised officers appointed by the council under the Act, must, in administering or enforcing the Act, or in performing, exercising or discharging a function under the Act, in relation to local nuisance (including, in the case of a council, determining what should be the conditions of a nuisance abatement notice), take into account the following matters insofar as they are relevant to the circumstances:\n\t(i)\tthe sensitivity of the affected premises;\n\t(ii)\tthe land use categories of the source premises and the affected premises;\n\t(iii)\twhether the local nuisance was avoidable;\n\t(iv)\twhether, in the case of local nuisance generated by an activity outside of normal business hours, the activity has been so timed to avoid inconvenience to traffic or pedestrians during normal business hours (for example, in the case of early morning rubbish collection, or late night construction works, in populated or high traffic areas);\n\t(v)\twhether all reasonable measures have been taken at the source premises to prevent or minimise the local nuisance;\n\t(vi)\twhether, in the case of local nuisance generated by an activity carried out under an authorisation within the meaning of the Development Act 1993, the activity is being carried out in accordance with the authorisation.\n\t(2)\tIn this regulation—\naffected premises means the premises affected by the local nuisance other than the source premises;\nsource premises means the premises on which the local nuisance is generated.\n5—Annual reports by councils\nFor the purposes of section 8 of the Act, a council's annual report should include details of—\n\t(a)\tthe number of complaints of local nuisance or littering received by the council; and\n\t(b)\tthe number and nature of—\n\t(i)\toffences under the Act that were expiated; and\n\t(ii)\toffences under the Act that were prosecuted; and\n\t(iii)\tnuisance abatement notices or litter abatement notices issued; and\n\t(iv)\tcivil penalties negotiated under section 34 of the Act; and\n\t(v)\tapplications by the council to the Court for orders for civil penalties under section 34 of the Act and the number of orders made by the Court on those applications; and\n\t(c)\tany other functions performed by the council under the Act.\nPart 3—Offences\nDivision 1—Local nuisance\n6—Exemptions from application of section 18\n\t(1)\tFor the purposes of section 19(2) of the Act—\n\t(a)\tan application for a declaration in relation to an activity—\n\t(i)\tmust be in writing and be given to the relevant council in person or by post, fax or email; and\n\t(ii)\tmust be lodged with the relevant council—\n\t(A)\tfor an application in relation to an activity that is to take place over a period not exceeding 24 hours—\n\t•\tif the relevant council has fixed its own lodgement period for such applications—within that period; or\n\t•\tin any other case—at least 2 weeks before the activity commences; or\n\t(B)\tfor an application in relation to an activity that is to take place over a period of 24 hours or longer—\n\t•\tif the relevant council has fixed its own lodgement period for such applications—within that period; or\n\t•\tin any other case—at least 4 weeks before the activity commences; and\n\t(iii)\tmust contain the following details:\n\t(A)\tthe name and contact details of the applicant;\n\t(B)\tthe name and contact details of the responsible person in relation to the activity;\n\t(C)\tthe exceptional circumstances for which the declaration is sought;\n\t(D)\tthe nature of the activity;\n\t(E)\tthe anticipated sources and kinds of local nuisance generated by the activity;\n\t(F)\tthe period for which the declaration is sought;\n\t(G)\tthe times of day or periods of time during which the activity is proposed to be carried on; and\n\t(b)\tthe fee for the application is the fee (if any) fixed by the relevant council in accordance with section 188(1)(g) of the Local Government Act 1999.\n\t(2)\tIf an application for a declaration in relation to an activity is not lodged with the relevant council as required by subregulation (1)(a)(ii), the council may refuse to consider the application.\n\t(3)\tFor the purposes of section 19(2)(a) of the Act, the prescribed details to be contained in a site nuisance management plan relating to an activity are as follows (and such details must be provided to the extent relevant to the activity and required by the relevant council):\n\t(a)\tan assessment of the potential for local nuisance and the number of residential and commercial premises occupied by persons likely to be affected by the local nuisance (potentially affected persons);\n\t(b)\ta map showing—\n\t(i)\tthe proposed location of the activity and the likely fixed sources of local nuisance (for example, in the case of a concert, the location and orientation of stages and speakers); and\n\t(ii)\tthe location of premises occupied by potentially affected persons and the distance of the premises from those sources;\n\t(c)\tthe name and contact details of the responsible person in relation to the activity;\n\t(d)\tthe proposed strategy for minimising, managing and monitoring the effects of the local nuisance on potentially affected persons;\n\t(e)\tthe proposed communication strategy for communicating with potentially affected persons;\n\t(f)\ta copy of the notice (forming part of the communication strategy) proposed to be given to those persons to notify them of the activity, which must include the following details:\n\t(i)\tthe nature of the proposed activity;\n\t(ii)\tthe start and finish dates for the activity;\n\t(iii)\tthe daily start and finish times for the activity;\n\t(iv)\tthe anticipated sources of local nuisance generated by the activity;\n\t(v)\tthe proposed measures to be implemented to minimise the local nuisance;\n\t(vi)\tthe name and contact details of the person who may be contacted by potentially affected persons regarding concerns or complaints in relation to the activity;\n\t(vii)\tsuch other details as the relevant council may require;\n\t(g)\tthe proposed communication strategy with the relevant council, including reporting by the exempt person on progress of the activity and the site nuisance management plan and any unforeseen incidents;\n\t(h)\tthe proposed process for recording details about complaints, including—\n\t(i)\tcontact details for each complainant; and\n\t(ii)\tthe date and time of the complaint; and\n\t(iii)\ta description of the complaint; and\n\t(iv)\tthe nature of the activity giving rise to the complaint; and\n\t(v)\tany action taken to address the complaint.\n\t(4)\tDespite subregulation (3), a plan prepared in accordance with the guidelines entitled Construction environmental management plans (2016) published by the Environment Protection Authority as in force from time to time may, subject to any requirements of the relevant council, have effect as if it were a site nuisance management plan for the purposes of section 19(2)(a) of the Act in relation to an activity comprised of construction or demolition works.\n\t(5)\tIn this regulation—\nrelevant council, in relation to an application, means the council for the area in which the activity the subject of the application is to take place;\nexempt person, in relation to an activity, means the person declared to be exempt from the application of section 18 of the Act in respect of the activity by notice under section 19(1) of the Act;\nresponsible person, in relation to an activity, means the person designated by the exempt person—\n\t(a)\tto be present on the premises at which the activity is being conducted; and\n\t(b)\tto receive and deal with complaints about any local nuisance generated by the activity and to inform or direct persons accordingly.\n7—Measurement procedures for determining presence of local nuisance\nFor the purposes of section 21(d) of the Act, if, in determining the presence of local nuisance, section 17(1) of the Act (including a provision referred to by that section) requires an authorised officer to form an opinion about a matter, the officer may form the opinion based on the officer's own senses.\nDivision 2—Litter control\n8—Disposing of litter—meaning of general litter\nFor the purposes of the definition of general litter in section 22(5)(p) of the Act, building or construction material (including clay, concrete, rock, sand, soil or other mineralogical matter) when dragged onto a road by a vehicle's tyres following the vehicle's departure from the building or construction site is prescribed.\n9—Disposing of litter—exemptions for authorised artificial reefs\nA person who places an artificial reef into waters in accordance with—\n\t(a)\tan approval by the Minister responsible for the administration of the Fisheries Management Act 2007; and\n\t(b)\ta development authorisation within the meaning of the Development Act 1993,\nis exempted from the application of section 22 of the Act in relation to that activity.\n10—Bill posting\nFor the purposes of the definition of bill in section 23(5) of the Act, a moveable sign within the meaning of the Local Government Act 1999 that is placed or maintained on a road other than in a manner authorised under section 226 of the Local Government Act 1999 is declared to be a bill.\n11—Citizen's notification\nFor the purposes of section 25 of the Act, the prescribed details for a citizen's notification are—\n\t(a)\tfor a notification of littering—the details set out in the form in Schedule 1 clause 1; or\n\t(b)\tfor a notification of bill posting—the details set out in the form in Schedule 1 clause 2,\n(verified by the notifier's signature or in a manner approved by the Minister).\nDivision 3—Miscellaneous\n12—Notification to EPA of serious or material environmental harm\nFor the purposes of section 29 of the Act, notifications by a council to the Environment Protection Authority should include—\n\t(a)\tas many of the following details as may be in the possession of the council:\n\t(i)\tany investigation statements from authorised officers, witnesses or suspects;\n\t(ii)\tcopies of relevant evidence (for example, images, photographs, video or audio recordings or transcripts, maps, reports of analyses, tests or samples, file notes, exhibit management records and any certificates under section 50 of the Act or other relevant documents, orders, notes or information); and\n\t(b)\tdetails as to any limitation of time for prosecution or expiation of offences under the Act; and\n\t(c)\tdetails of the application of any relevant prescribed period within the meaning of section 16 of the Act in relation to a substance, material or thing seized under Part 3 Division 3 of the Act.\nNote—\nSection 29 of the Act requires the council to provide this information to the Environment Protection Authority as soon as practicable after becoming aware of the actual or potential material or serious environmental harm.\nPart 4—Nuisance abatement notices and litter abatement notices\n13—Action on non‑compliance with notice\n\t(1)\tFor the purposes of section 31(6) of the Act, the prescribed rate of interest is the cash advance debenture rate for the financial year in which the period fixed under that subsection for payment of the recoverable amount expires.\n\t(2)\tFor the purposes of section 31(7) of the Act, the following scheme is prescribed:\n\t(a)\tfor the purposes of creating the charge on land, the Minister or council may give the Registrar‑General a notice, in a form determined by the Minister or council on the recommendation or with the approval of the Registrar‑General—\n\t(i)\tsetting out the amount recoverable under section 31 of the Act; and\n\t(ii)\tsetting out the land in relation to which the relevant action was taken; and\n\t(iii)\trequesting the Registrar‑General to make a notation under this regulation in relation to the relevant land;\n\t(b)\ton receipt of a such a notice, the Registrar‑General must, in relation to the land referred to in the notice, enter an appropriate notation in the Register Book or, in the case of land not under the provisions of the Real Property Act 1886, against the land in the General Registry Office;\n\t(c)\twhen an entry is made under paragraph (b), a charge over real property is created;\n\t(d)\tthe charge—\n\t(i)\tsubject to subparagraph (ii)—\n\t(A)\tin the case of a charge in favour of the Minister—will correspond to a mortgage in favour of the Crown over the relevant land that ranks ahead of any mortgage, encumbrance or charge registered after the charge is noted under this regulation; and\n\t(B)\tin the case of a charge in favour of the council—will be the same as a charge created under section 177 of the Local Government Act 1999; and\n\t(ii)\twill have priority over any prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land;\n\t(e)\tin a case where paragraph (d)(i)(A) applies, the Minister will have the same powers of sale of the relevant land as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in the payment of principal (and a sale by the Minister is, for the purposes of that Act, to be treated as if it were such a sale by a mortgagee);\n\t(f)\tin a case where paragraph (d)(i)(B) applies, the council will be able to recover the amount as if it were a rate constituting a charge on land under section 144(2) of the Local Government Act 1999;\n\t(g)\tif the amount to which the charge relates is paid, the Minister or council must, by further notice to the Registrar‑General (being a notice in a form determined by the Minister on the recommendation or with the approval of the Registrar‑General), cancel the charge.\n\t(3)\tAny costs or expenses incurred by a council in relation to creating a charge over land or cancelling such a charge under this regulation are recoverable by the council from the owner of the land in accordance with section 144 of the Local Government Act 1999.\n\t(4)\tIn subregulation (1)—\ncash advance debenture rate has the same meaning as in the Local Government Act 1999.\nPart 5—Civil remedies and penalties\n14—Minister or council may recover civil penalty in respect of contravention\nFor the purposes of section 34(3)(a) of the Act, the prescribed form is as set out in Schedule 2.\nPart 6—Miscellaneous\n15—Payment of fees by instalments\n\t(1)\tThe Minister or a council may, in allowing the payment of a fee under the Act or these regulations by instalments, add to each amount payable as an instalment a charge by way of interest, or an administrative fee, determined by the Minister or council (as the case may be).\n\t(2)\tIf the Minister or council allows a fee to be paid by instalments, the total amount payable is the sum of—\n\t(a)\tthe amount of the fee; and\n\t(b)\tthe amount payable under subregulation (1); and\n\t(c)\tfor each instalment that is not paid by the date for payment—$300 or 5% of the instalment (whichever is higher) for each month (or part of a month) for which the default continues.\n16—Waiver or refund of fees\nThe Minister or a council may waive or refund a fee or other amount (or part of a fee or other amount) payable under the Act or these regulations if satisfied that it is appropriate to do so in a particular case.\n17—Recovery of fees\nThe Minister or a council may recover a fee or other amount payable by a person under the Act or these regulations as a debt by action in a court of competent jurisdiction.\nSchedule 1—Form of citizen's notification\n1—Form of citizen's notification—littering (regulation 11)\nForm 1—Section 25 of Local Nuisance and Litter Control Act 2016\nDetails of suspected littering\nInclude the following details of the person making the notification (notifier):\nFull name of notifier:\nDate of birth:\nResidential address:\nPhone number (landline or mobile):\nEmail address:\nInclude the following details of the littering (to the extent known by the notifier):\nMethod of littering (eg blown, discarded, dumped):\nType of litter:\nLocation of littering:\nDate and time of littering:\nDescription of the person or persons who did the littering:\nIf littering occurred from vehicle—\n\t(a)\tvehicle type (eg sedan, station wagon, SUV, truck, trailer, motorbike, boat):\n\t(b)\tvehicle make (eg Holden, Ford, Cruisecraft):\n\t(c)\tvehicle colour:\n\t(d)\tvehicle registration number:\n\t(e)\tvehicle registration State or territory:\n\t(f)\twho did the littering—driver or passenger?:\nNames and contact details of any other witnesses:\nDoes the notifier agree to attend court if required? [state yes or no]:\nPhotographic, video or other evidence:\nDoes the notifier have any photographic evidence of the littering? [state yes or no]:\nDoes the notifier have any video evidence of the littering? [state yes or no]:\nDoes the notifier have the GPS co-ordinates of the location of the littering? [state yes or no]:\nDoes the notifier have the item or material littered (or part of such item or material) or anything else that may constitute evidence of the littering? [state yes or no]:\nNote—\nIf the notifier answers \"yes\" to having such evidence, the evidence should be provided to the Minister or council. If using the citizen's notification app or the citizen's notification website to make the citizen's notification, any photographic or video evidence or GPS coordinates may be uploaded at the prompts.\nSignature of notifier:\nDate of making citizen's notification:\nMethod of giving citizen's notification\nThis notice was given to the Minister or the council by\n[Tick 1 box]\n\t☐\tpersonally handing it to the Minister/council\n\t☐\tmailing it to the Minister/council\n\t☐\tfaxing or emailing it to the Minister/council\n\t☐\tthe citizen's notification website\n\t☐\tthe citizen's notification app\n\t☐\tother [please specify]\n2—Form of citizen's notification—bill posting (regulation 11)\nForm 2—Citizen's notification—Section 25 of Local Nuisance and Litter Control Act 2016\nDetails of suspected bill posting\nInclude the following details of the person making the notification (notifier):\nFull name of person making the notification (the notifier):\nDate of birth:\nResidential address:\nPhone number (landline or mobile):\nEmail address:\nInclude the following details of the bill posting (to the extent known by the notifier):\nDescription of bill (eg flyer, brochure, poster):\nMessage on the bill (eg advertisement, slogan, preaching):\nIdentity of distributor of bill or person or body authorising distribution:\nDescription of the person or persons who did the bill posting:\nLocation of posted bill:\nDate and time of bill posting:\nIf bill posting occurred from vehicle—\n\t(a)\tvehicle type (eg sedan, station wagon, SUV, truck, trailer, motorbike, boat):\n\t(b)\tvehicle make (eg Holden, Ford, Cruisecraft):\n\t(c)\tvehicle colour:\n\t(d)\tvehicle registration number:\n\t(e)\tvehicle registration State or territory:\n\t(f)\twho did the bill posting—driver or passenger?:\nNames and contact details of any other witnesses:\nDoes the notifier agree to attend court if required? [state yes or no]:\nPhotographic, video or other evidence:\nDoes the notifier have any photographic evidence of the bill posting? [state yes or no]:\nDoes the notifier have any video evidence of the bill posting? [state yes or no]:\nDoes the notifier have the GPS co-ordinates of the location of the bill posting? [state yes or no]:\nDoes the notifier have the bill that was posted or anything else that may constitute evidence of the bill posting? [state yes or no]:\nNote—\nIf the notifier answers \"yes\" to having such evidence, the evidence should be provided to the Minister or council.\nSignature of notifier:\nDate of making citizen's notification:\nMethod of giving citizen's notification\nThis notice was given to the Minister or the council by\n[Tick 1 box]\n\t☐\tpersonally handing it to the Minister/council\n\t☐\tmailing it to the Minister/council\n\t☐\tfaxing or emailing it to the Minister/council\n\t☐\tother [please specify]\nSchedule 2—Form of notice of right to elect to be prosecuted\n1—Form of notice of right to elect to be prosecuted (regulation 14)\nCivil penalty for contravention—notice of right to elect to be prosecuted for contravention\nLocal Nuisance and Litter Control Act 2016—section 34(3)\nFile Number:\nIssued by:\nDate:\nTo: [insert title (Mr/Mrs/Ms) and full name, company name (if applicable), postal address and any other information relevant for service of the notice]\nNotice to alleged offender\n1\tThe Minister or council is satisfied that you have committed an offence by contravening a provision of the Local Nuisance and Litter Control Act 2016 as follows:\nProvision contravened:\nAddress or location of contravention:\nDetails of contravention:\n2\tThe purpose of this notice is to advise you that you may, by written notice to the Minister or council, elect to be prosecuted for the contravention (see section 34(3) of the Act).\nIf you do not elect to be prosecuted, the Minister or council may commence civil penalty proceedings under section 34 of the Act for the purpose of obtaining an order from the Court that you pay an amount as a civil penalty in respect of the contravention.\nIn these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.\n3\tIf you elect to be prosecuted, rather than negotiating a civil penalty with the Minister or council or facing civil penalty proceedings, you must serve a written notice on the Minister or council within 21 days after service of this notice.\n4\tThe following matters are relevant to the provision of a notice of election to the Minister or council:\n\t(1)\tThe notice must be addressed to the Minister or council as follows:\n[insert relevant information]\n\t(2)\tYou may choose to use the Attachment (below) or you may inform the Minister or council by your own letter, quoting your name and the File Number shown at the top of this document.\n\t(3)\tSection 34 of the Act may be found at www.legislation.sa.gov.au and additional information about the Act can be obtained from www.epa.sa.gov.au. Information concerning this notice can also be obtained by telephoning [insert relevant contact person and telephone number].\n\t(4)\tIf you do not, within 21 days after service of this notice, give notice to the Minister or council of election to be prosecuted, proceedings may be commenced to recover a civil penalty in the Environment, Resources and Development Court.\nAttachment—Notice to Minister or council of election to be prosecuted\nTo: Minister or council\n[insert address]\nFile number of notice under section 34(3) of the Local Nuisance and Litter Control Act 2016\n[insert file number]\n* Individual\nI elect to be prosecuted for the alleged contravention specified in the notice of the file number set out above.\nName in full:\nContact details:\nDate:\nSigned:\n* Company\nI, having authority to act for and on behalf of the company in this matter, give notice that the company elects to be prosecuted for the alleged contravention specified in the notice of the file number set out above.\nName of company:\nName in full of person with authority to act:\nContact details:\nDate:\nSigned:\n*Strike out whichever is inapplicable\nLegislative history\nNotes\n\t•\tVariations of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n2\nGazette 19.1.2017 p80 \n1.2.2017: r 2\n2023\n100\nGazette 5.10.2023 p3409\n5.10.2023: r 2\n2026\n9\nGazette 5.2.2026 p199\n18.6.2026: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n5.10.2023\nPt 2\n\n\nr 4\n\n\nr 4(1)\namended by 100/2023 r 3\n5.10.2023\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The provided content consists entirely of a website error page and navigation links from the South Australian legislation website."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 'Page Not Found' error","Analysis is impossible without access to the actual text of the regulations","Complexity score of 1 reflects the absence of content, not the simplicity of the legislation itself"],"plain_english_summary":"The Local Nuisance and Litter Control Regulations 2017 (SA) could not be retrieved due to a broken link on the South Australian legislation site, so the regulations themselves weren’t available for review. \n\nBroadly, these regulations would implement the Local Nuisance and Litter Control Act 2016 by setting fines, procedures and technical details for dealing with local noise, dust, odour and litter complaints — affecting residents, councils and businesses involved in enforcement or compliance."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been varied since first made: reg 2 was omitted (5.10.2023) and reg 4(1) was amended (5.10.2023), with a later variation noted in 2026 (Gazette 5.2.2026). The recorded changes modify administrative provisions (notably council guidelines in reg 4) and publication/notation provisions (r 2 omission) rather than introducing wholly new offence categories; legislative history entries provided in the source support these amendments."},"complexity_factors":["Cross‑references to multiple Acts (Local Nuisance and Litter Control Act 2016, Local Government Act 1999, Development Act 1993, Real Property Act 1886) increasing interpretive load (regs 4,6,13)","Detailed procedural and evidential requirements for exemption applications and site nuisance management plans (reg 6(1)–(3))","Administrative discretion for councils and the Minister on fees, instalments, waivers and interest (regs 15–16)","Enforcement mechanisms that create charges on land with priority rules and Registrar‑General processes (reg 13(2))","Dual enforcement pathways and procedural choice for alleged offenders (civil penalties v. election to be prosecuted; Sch 2/reg 14)","Specified forms and mandatory notifier details (reg 11, Sch 1) which impose evidentiary and compliance burdens on private citizens","Simplified measurement provision allowing authorised officers to rely on sensory judgement (reg 7) — operationally significant for evidence collection","Notification requirements to the Environment Protection Authority including documentary evidence and limitation details (reg 12)"],"plain_english_summary":"These regulations set out how the Local Nuisance and Litter Control Act 2016 operates: they prescribe council guidelines and reporting (regs 4–5), application and site‑management requirements for temporary exemptions (reg 6), citizen notification forms (reg 11, Sch 1), litter definitions and exemptions (regs 8–9), enforcement tools including land charges and civil‑penalty procedure (regs 13–14), and fee instalment, waiver and recovery rules (regs 15–17). They affect councils, the Minister, businesses and individuals who generate or report nuisance or litter by allocating compliance obligations, enforcement discretion and payment liabilities."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the parent Act. They provide necessary operational detail for nuisance exemptions, litter definitions, enforcement mechanisms, and administrative procedures without expanding into new substantive areas beyond what the Act contemplates."},"complexity_factors":["Multiple cross-references to the parent Act (Local Nuisance and Litter Control Act 2016) and other legislation including the Local Government Act 1999, Development Act 1993, Fisheries Management Act 2007, and Corporations Act 2001","Detailed procedural requirements for exemption applications with tiered timelines (2 weeks vs 4 weeks depending on activity duration)","Extensive defined terms in regulation 3 including a complex 7-part definition of 'associate' involving partnerships, family relationships, trusts, corporate interests, and chains of relationships","Nested conditional logic in the land charge provisions (regulation 13) distinguishing between Minister and council charges, registered and unregistered land, and priority rules for associates","Prescribed forms in schedules with extensive field requirements for citizen notifications","Incorporation of external documents by reference (NSW Ombudsman guidelines, EPA Construction environmental management plans 2016)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how South Australia's **Local Nuisance and Litter Control Act 2016** actually works on the ground. They fill in the operational details that the main Act left blank.\n\n**Key things covered:**\n\n*   **How councils handle complaints:** Councils must follow specific guidelines when dealing with difficult complainants and must consider factors like time of day, whether the nuisance was avoidable, and what reasonable steps were taken to minimise it.\n\n*   **Exemptions for special events:** If you want to hold an event that might create noise or other nuisance (like a concert or construction), you can apply for an exemption. The regulations spell out exactly what information you must provide, how far in advance to apply, and what must go in your \"site nuisance management plan\" (a document explaining how you'll manage any disruption).\n\n*   **What counts as litter:** Building materials like sand or concrete dragged onto roads by vehicle tyres are specifically defined as \"general litter.\" However, placing artificial reefs in waters is exempt if properly authorised.\n\n*   **Citizen reporting:** Members of the public can report littering or illegal bill posting using standard forms. These forms require detailed information including vehicle details, witness contacts, and whether the reporter is willing to go to court.\n\n*   **Enforcement tools:** If someone ignores a nuisance or litter abatement notice (an official order to stop or clean up), the Minister or council can register a charge over their land—essentially a legal claim that sits on the property title until paid, with interest accruing.\n\n*   **Civil penalties:** Instead of criminal prosecution, the Minister or council can seek civil penalties (fines imposed by a court). People can choose to be prosecuted criminally instead, and there's a specific form for this election.\n\n*   **Fees:** Rules about paying fees in instalments (with interest or administrative charges), waivers, and recovery of unpaid fees.\n\n**Who it affects:**\n\n*   **Local councils**—who administer and enforce the rules\n*   **Residents and businesses**—who must comply with nuisance and litter laws, or who want to complain about others\n*   **Event organisers**—who need exemptions for activities that might cause temporary nuisance\n*   **Property owners**—who could face charges over their land for non-compliance\n\n**Why it matters:**\n\nThese regulations turn broad legal principles into actionable procedures. Without them, councils wouldn't know exactly how to process exemption applications, citizens wouldn't have a clear way to report littering, and enforcement mechanisms like land charges wouldn't function. It balances community protection against nuisance with practical flexibility for necessary activities."}},"importantCases":[],"_links":{"self":"/api/acts/local-nuisance-and-litter-control-regulations-2017","history":"/api/acts/local-nuisance-and-litter-control-regulations-2017/history","analysis":"/api/acts/local-nuisance-and-litter-control-regulations-2017/analysis","conflicts":"/api/acts/local-nuisance-and-litter-control-regulations-2017/conflicts","importantCases":"/api/acts/local-nuisance-and-litter-control-regulations-2017/important-cases","documents":"/api/acts/local-nuisance-and-litter-control-regulations-2017/documents"}}