Part 14Miscellaneous

Chapter 14—Miscellaneous Part 1—Ministerial delegations and approvals 277—Delegation by the Minister (1) The Minister may delegate a power or function vested or conferred on the Minister under this Act (other than a power or function under Chapter 13 Part 3). (2) A delegation— (a) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) is revocable at will and does not prevent the Minister from acting in a matter. (3) The Minister must ensure that a register of delegations is kept and made available for public inspection. 278—Approval by Minister does not give rise to liability No liability attaches to the Crown or to the Minister on account of an approval given by the Minister under this Act. Part 2—Service of documents and proceedings 279—Service of documents by councils etc (1) A document required or authorised to be served on or given to a person by a council, council subsidiary, employee of a council or authorised person (the serving authority) under this or another Act may be served on or given to the person— (b) by leaving it at the last residential or business address of the person known to the serving authority (including, in the case of a corporation, the registered address of the corporation); or (c) by post addressed to the person at the last residential or business address of the person known to the serving authority (including, in the case of a corporation, the registered address of the corporation); or (d) by leaving it in the letter box to which the document could be sent under paragraph (c); or (e) by a means indicated by the person as being an available means of service (such as by delivering it, addressed to the person, to the facilities of a document exchange); or (f) if the document is to be served on a person as the owner of land, the land is unoccupied, and the identity or address of the owner is unknown to the council—by placing the document on a conspicuous part of the land; or (g) by any means provided for service of the document by another Act or law. (2) If a document must be served on the owner or occupier of land and there is more than one owner or occupier, it is sufficient if the document is served on any owner or occupier (and not on all owners or occupiers). (3) If a person (the agent) has actual or ostensible authority to accept service of a document on behalf of another, the document may be served on the agent as if the agent were that other person. document includes a notice, order or demand. 280—Service of documents on councils (1) A document required or authorised to be served on or given to a council under this or another Act may be served or given— (a) by leaving it at the principal office of the council; or (b) by post addressed to the principal office of the council; or (c) by a means indicated by the council as being an available means of service (such as by delivering it, addressed to the council, to the facilities of a document exchange); or (d) by leaving it with another person who has authority to accept documents on the council's behalf. council includes a subsidiary of a council; document includes a notice or order. 281—Recovery of amounts from lessees or licensees (1) If an owner of land is liable to pay an amount to a council, the council may, by written notice to a lessee or licensee of the land, require him or her to pay to the council rent or other consideration payable under the lease or licence in satisfaction of the liability to the council. (a) the council gives a notice to a lessee or licensee under subsection (1); and (b) the council, by written notice to the owner of the land, informs the owner of the imposition of the requirement under subsection (1); and (c) the lessee or licensee, contrary to the terms of the notice under subsection (1), makes a payment to the owner instead of to the council, the owner must, within one clear business day after receipt of the payment, pay the amount received to the council. Maximum penalty: $500. 282—Ability of occupiers to carry out works (1) If an owner of land fails to carry out work which a council has required the owner to carry out under an Act, an occupier of the land may, with the approval of the council, cause the work to be carried out. (2) Subject to an express provision in an agreement between the owner and the occupier, a person who carries out work under subsection (1) may— (a) recover expenses incurred in carrying out the work from the owner of the land; and (b) if the person is a lessee or licensee of the owner of the land—set off expenses incurred in carrying out the work against a liability under the lease or licence. Part 3—Evidence 283—Evidence of proclamations (1) A copy of the Gazette containing a proclamation made by the Governor under this Act is conclusive evidence of the fact, terms, and validity of the proclamation, and is evidence of the facts stated, recited or assumed in the proclamation. (2) No proclamation purporting to be made under this Act and within the powers conferred on the Governor under this Act is invalid on account of any non-compliance with a matter specified by this Act as preliminary to the proclamation. 284—Evidence of appointments and elections A copy of the Gazette containing a notice of the election or appointment of a person under this Act, or the appointment of an officer for a specified purpose, is conclusive evidence of the election or appointment (except in proceedings to try the title of the person who has been elected or appointed). 285—Evidence of resolutions etc A copy of the Gazette containing a notice that a resolution was passed or order made at a meeting of a council or council committee, or that a proposition was adopted or affirmed at a meeting or poll of electors, is conclusive evidence— (a) of the resolution being passed or order made, or proposition adopted or affirmed; (b) of the meeting being lawfully convened and the poll lawfully taken; (c) of any fact stated in the notice relating to the majority by which the resolution was passed or proposition adopted or affirmed, and the number and proportion of members or electors present. 286—Evidence of making of a rate A copy of the Gazette containing a notice of the declaration of a rate or charge is conclusive evidence that the rate or charge has been duly declared (except in proceedings to quash the rate). 287—Evidence of assessment record A copy of, or extract from, the assessment record kept under Chapter 10 certified by the chief executive officer as a true copy or extract is conclusive evidence that an assessment referred to in the copy or extract was duly made (except in proceedings to quash the assessment). 288—Evidence of Government assessment A copy of a valuation roll for the time being in force under the Valuation of Land Act 1971 is, so far as it relates to rateable property within an area, evidence of the Valuer-General's assessment for that rateable property. 289—Evidence of registers A copy of, or extract from, a register kept under this Act certified by the chief executive officer as a true copy or extract is conclusive evidence of the contents of the register (or so much of it as may be contained in the copy or extract). 290—Evidence of by-law (1) In any legal proceedings, a document bearing a certificate, purporting to be signed by the principal member of a council or the chief executive officer of a council, that the document is a copy of a by-law in force within the area of a council is admissible, without other proof, as sufficient evidence of— (a) the existence of the by-law; and (b) the performance of the requirements of this Act in respect of the making, publishing and operation of the by-law. (2) A copy of the Gazette containing a notice of a resolution of the adoption of a model by-law (or of an alteration to a model by-law) under this Act is conclusive evidence of the adoption, and if the resolution of which the notice is given provides for the revocation of any other by-law, is conclusive evidence of the revocation. 291—Evidence of boundaries In any legal proceedings, a certificate purporting to be signed by the chief executive officer of a council and giving details of the boundaries of the area of the council is sufficient evidence of those boundaries. 292—Evidence of constitution of council, appointment of officers etc It is not necessary in any legal proceedings to prove the existence or constitution of a council, the appointment of an officer of a council, or the appointment of an authorised person. 293—Evidence of costs incurred by council In any proceedings for the recovery of expenses or an amount due to a council by a person by reason of the carrying out by the council of any work under an Act, a certificate purporting to be signed by the chief executive officer of the council is sufficient evidence of the cost of the work and (if relevant) the proportion payable by that person, and (if relevant) the date of the completion of the work. Part 4—Other matters 294—Power to enter and occupy land in connection with an activity (1) Subject to this section, an employee or contractor of a council may, insofar as may be reasonably necessary for carrying out a function or responsibility of the council— (a) enter land at any reasonable time; (b) occupy the land on behalf of the council; (c) — (i) obtain earth, minerals or timber from land; (ii) deposit soil on land; (iii) construct temporary roads and structures on land; (iv) deposit or store materials on land; (iva) conduct surveys, inspections, examinations and tests, and carry out work; (v) carry out any other incidental activity on land. (1a) Subject to subsection (1b), an owner or occupier of the land must be given at least 48 hours notice in writing of an intention to exercise a power under subsection (1)(b) or (c). (1b) Notice need not be given under subsection (1a) if— (a) action is required to be taken in an emergency or it is otherwise impracticable to give 48 hours notice in the circumstances of the particular case; or (b) the occupation of the land, or any activities on the land— (i) are not expected to extend beyond 24 hours; and (ii) are not expected to cause any material nuisance or damage; or (c) the whereabouts of an owner or occupier of land cannot be found after making reasonable inquiries. (2) The council is, except in relation to an owner or occupier of the land, liable for any nuisance or damage caused while in occupation of land under this section. (3) The council must— (a) pay to the owner or occupier of the land rent on a quarterly or half‑yearly basis, at a rate to be determined by agreement between the council and the owner or occupier or, in default of agreement, by the Supreme Court; and (b) pay to the owner or occupier of the land within 1 month after occupying the land—reasonable compensation for damage caused to any crops on the land; and (c) within 6 months of ceasing to occupy the land— (i) remedy damage to land caused by the council while in occupation of the land (to such extent as this may be reasonably practicable); and (ii) pay to the owner or occupier of the land reasonable compensation for any other loss or damage caused by the council, including the full value of any earth, minerals or resources taken from the land. (4) Compensation payable by the council under this section may be recovered as a debt. (5) The council must, at the request of an owner or occupier of the land, erect a fence of reasonable quality and design between the land and adjoining land. (6) A council is not authorised under this section to enter or occupy— (a) land that is within 500 metres of a house or dwelling; or (b) a garden or a park; or (c) a quarry, brickfield or other similar place from which materials are commonly obtained for commercial purposes; or (d) land where a permit, claim, lease, licence, tenement or private mine exists under the Mining Act 1971 or the Opal Mining Act 1995. (7) A council does not require a mining tenement or other authorisation under the Mining Act 1971 with respect to the exercise of powers under this section but, to the extent to which a council, other than an exempt council, recovers extractive minerals under this section— (b) the provisions of the Mining Act 1971 designated by subsection (7a) will apply to and in relation to the council as if, in recovering the extractive minerals, the council is— (i) carrying out operations under that Act (and required to comply with the provisions of that Act); and (ii) the holder of a mining tenement under that Act for the recovery of extractive minerals. (7a) The following provisions of the Mining Act 1971 are designated for the purposes of subsection (7)(b): (a) sections 14B to 14F (inclusive); (e) section 18; (f) sections 76 to 77D (inclusive); (g) section 89A; (h) section 91; (i) section 92. (7b) In connection with subsections (7) and (7a)— (a) to the extent that there is an inconsistency between section 7(2) of the Mining Act 1971 and subsections (7) and (7a) of this section, those subsections will apply to the extent of the inconsistency (so as to allow the Mining Act 1971 to regulate the operations of a council to the extent envisaged by those subsections); and exempt council means, in relation to a financial year commencing on or after 1 July 2015, a council whose total annual revenue for the financial year immediately preceding the relevant financial year, as reported in its audited financial statements, does not exceed the prescribed amount; extractive minerals means extractive minerals as defined by the Mining Act 1971; minerals include stone, gravel, clay and sand; work includes work associated with— (a) the construction, maintenance, repair or replacement of infrastructure, equipment, connections, structures, works or other facilities (including dams or other structures or facilities associated with stormwater management or flood mitigation); or (b) the provision of services or facilities that benefit the area of the relevant council; or (c) the carrying out of any other function or responsibility of the relevant council. 296—Reclamation of land (1) If a council raises, fills in, improves, drains, levels or reclaims land in the area of the council, the council may recover the whole or a proportion of the cost of the work from the owners of adjacent or adjoining rateable land improved by the performance of the work in proportion to additional value the work has added to the land. (2) The amount of additional value will be determined by a valuation undertaken by a valuer appointed by the council. (3) The council must give notice of the valuation to the relevant owner. (4) An owner may object to or seek a review of the valuation within 21 days after receiving a notice under subsection (3). (5) The objection or review will be conducted in the same manner as an objection to or review of a valuation under Chapter 10 Part 1 Division 6. 297—Property in rubbish Any rubbish that a council collects within its area is the property of the council and the council may sell or dispose of it as the council thinks appropriate. 298—Power of council to act in emergency (1) If flooding in the area of a council has occurred or is imminent and the council is of the opinion that a situation of emergency has arisen in which there is danger to life or property, it may order that action be taken as it thinks fit to avert or reduce the danger. (2) A person who acts in good faith in pursuance of an order of a council under subsection (1) incurs no civil liability by doing so. (5) While a declaration under the Emergency Management Act 2004 is in force in relation to flooding in the area of a council, the powers conferred by that Act operate to the exclusion of the powers of the council under this section. 300—Costs of advertisements (1) The cost of an advertisement required by this Act must be paid by the council, council subsidiary or person whose action immediately necessitates the advertisement. (2) The Minister may require payment of the cost before causing an advertisement to be published under this Act. 301—River, stream or watercourse forming a common boundary If a river, stream or other watercourse is described as the boundary of an area or ward, a line along the middle of the river, stream or watercourse will be taken to constitute the boundary. 302—Application to Crown (1) Except where expressly provided by this Act, this Act does not apply to or bind the Crown. (2) The Crown is bound by Chapter 10 of this Act. 302A—Local government sector employees (1) A local government sector employer brought within the ambit of this subsection by the regulations (either by being specifically prescribed or by being a member of a prescribed class) is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. local government sector employer means— (a) a council; or (b) a subsidiary or a regional subsidiary; or (c) any other entity established under this Act; or (d) the LGA; or (e) any other entity established by a body referred to in a preceding paragraph. 302B—Declared emergencies (1) The Minister may, by notice in the Gazette, vary or suspend the operation of specified provisions of this Act if— (a) a relevant declaration has been made in relation to a public health emergency under the South Australian Public Health Act 2011 or an emergency under the Emergency Management Act 2004 (a declared emergency); and (b) the Minister is satisfied that the variation or suspension of the specified provisions is reasonably necessary as a result of the declared emergency. (2) A notice under this section— (a) may apply to all councils or to specified councils or classes of councils; and (b) may operate subject to any conditions specified in the notice; and (c) may not impose restrictions or limitations on the power of a council to impose rates and charges on land within its area; and (d) subject to this section, has effect— (i) for the period specified in the notice; or (ii) if no period is specified in the notice—for the period commencing on the day the notice is published in the Gazette and ending 28 days after the cessation of all relevant declarations relating to the declared emergency to which the notice relates. (3) If the period specified in a notice in accordance with subsection (2)(d)(i) would end more than 28 days after the cessation of all relevant declarations relating to the declared emergency to which the notice relates, the notice will cease to have effect 28 days after the cessation of all relevant declarations relating to the declared emergency (unless revoked sooner under subsection (4)). (4) The Minister may vary or revoke a notice under this section by further notice in the Gazette and must revoke such a notice if satisfied that the variation or suspension of the provisions is no longer reasonably necessary as a result of the declared emergency. (5) The Minister must consult with the LGA before making a notice under this section. (6) Sections 10 (other than subsection (1)) and 10A of the Legislative Instruments Act 1978 apply in relation to a notice under this section (and a reference in those provisions to a regulation will be taken to be a reference to such a notice). relevant declaration means— (a) a declaration of a public health emergency under section 87 of the South Australian Public Health Act 2011; or (b) a declaration under Part 4 Division 3 of the Emergency Management Act 2004 in respect of an emergency. 303—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the regulations may prescribe matters in relation to which a council may make by-laws. (3) A regulation under this Act may operate subject to prescribed conditions. (4) The regulations may incorporate, adopt, apply or make reference to, with or without modification, a code or standard prepared or published by a prescribed body as in force at the time the regulations are made or as in force from time to time. (5) Any regulations adopting a code or standard may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary. (6) The regulations, or a code or standard adopted by the regulations, may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, a council, an authorised person or any prescribed authority. (7) If— (a) a code or standard is adopted by the regulations; or (b) the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, (c) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (d) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (e) the code, standard or other document has effect as if it were a regulation made under this Act. (8) A regulation may prescribe a penalty (not exceeding $1 250) for contravention of the regulation. (8a) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 or the Statutes Amendment (Local Government Review) Act 2021. (8b) A provision of a regulation made under subsection (8a) may, if the regulations so provide, take effect from the commencement of this subsection or from a later day. (8c) To the extent to which a provision takes effect under subsection (8b) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by— (9) The Minister should consult with the LGA before a regulation is made under this Act. (10) Subsection (9) does not limit the effect of any provision of this Act that specifically requires consultation with the LGA. 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 (1) The Local Government Association of South Australia continues in existence. (2) The LGA— (a) continues to be a body corporate with perpetual succession and a common seal; and (b) is capable in its corporate name of acquiring, holding, dealing with and disposing of real and personal property; and (c) is capable of acquiring or incurring any other rights or liabilities and of suing and being sued in its corporate name. (3) The LGA is constituted as a public authority for the purpose of promoting and advancing the interests of local government and has the objects prescribed by its constitution. (4) The constitution and rules of the LGA cannot be altered or revoked without the approval of the Minister. (5) The Legislative Instruments Act 1978 does not apply to the constitution or rules of the LGA. 2—Local government indemnity schemes (1) Subject to this clause, the LGA— (a) will conduct and manage the Local Government Association Mutual Liability Scheme; and (b) will continue to conduct and manage a local government workers compensation self-insurance scheme for the benefit of— (i) councils (including their subsidiaries); and (ii) the LGA; and (iii) any other prescribed body; and (c) may establish, conduct and manage any other indemnity or self-insurance scheme which is in the interests of local government. (2) The rules of a scheme under this clause must be published in the Gazette. (3) The rules of a scheme must comply with any requirements prescribed by the regulations. (4) The rules of a scheme cannot be altered except after consultation with the Minister. (5) The LGA may, pursuant to a resolution of the LGA passed by an absolute majority of the members of the LGA at a general meeting of the LGA, transfer the management of a scheme to another body. (6) The regulations may make any provision of a transitional nature relating to the transfer of the management of a scheme under this clause. (7) A regulation cannot be made for the purposes of this clause except at the request of, or after consultation with, the LGA. (8) The enactments and rules of law relating to perpetuities, or imposing restrictions on the accumulation of income, do not apply in relation to any scheme under this clause, whether established before or after the enactment of this clause. (9) The Legislative Instruments Act 1978 does not apply to the rules of a scheme under this clause.