Local Government (General) Regulations 2013

South Australia Local Government (General) Regulations 2013 under the Local Government Act 1999

Contents 1 Short title 3 Interpretation 4 Review of council composition and ward 5 Boundary reform proposals—prescribed percentage or number of eligible electors 5A Suspension of member for failure to submit certain returns 6 Member's declaration 7 Integrity provisions 8 Register of Interests 8AAA Conflicts of interest—exemptions 8AA Training and development 8ABA Suspension—member of council subject to intervention order 8AB Information or briefing sessions 9 Register of interests—officers 10 Annual reports 11 Recovery of amounts due to council 12 Service rates and charges 13 Rates and charges for services not provided at the land 14 Differentiating factors 15 Notice of valuation 16 Objections to valuation made by a council 17 Rates notice 18 Postponement of rates—Seniors 19 Certificates of liabilities—fee 20 Fees and charges 21 Compulsory acquisition of land 22 Exemption of certain leases or licences over community land from consultation requirements 23 Register of community land 24 Minor alterations of roads—section 221 25 Public consultation—section 223 26 Register of public roads 27 Removal of vehicles 28 By‑laws—roads 29 By‑laws—certificate of legal practitioner 30 Review of an order 31 Prescribed percentage rate—section 257(5)(a) 32 Local government sector employers 34 Local government indemnity schemes 35 Schedule 4—Annual reports 36 Variation of Schedule 5—Access to documents 37 Schedule 8—Lochiel Park Lands—definition of LMC Schedule 1—Forms Schedule 3—Local government sector employers Legislative history

1—Short title These regulations may be cited as the Local Government (General) Regulations 2013. 3—Interpretation (1) In these regulations— Act means the Local Government Act 1999. (2) In these regulations, a reference to a form of a particular number is a reference to a form of that number set out in Schedule 1. 4—Review of council composition and ward (1) For the purposes of section 12(4) of the Act, the relevant period is the period determined by the Minister by notice in the Gazette. (2) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subregulation (1). 5—Boundary reform proposals—prescribed percentage or number of eligible electors For the purposes of section 28(1)(d) of the Act, the prescribed percentage is at least 10% of eligible electors in respect of a proposal. 5A—Suspension of member for failure to submit certain returns For the purposes of section 55B(5) of the Act, the prescribed period is 12 months. 6—Member's declaration For the purposes of section 60 of the Act— (a) a member must make an undertaking under that section in the form set out as Form 2; and (b) the undertaking must be made before a Justice of the Peace or some other person authorised to take declarations under the Oaths Act 1936. 7—Integrity provisions (1) The requirements prescribed by this regulation are integrity provisions for the purposes of section 62(4e) of the Act. (2) A member of a council must not exercise, perform or discharge, or purport to exercise, perform or discharge, a power, duty or function relating to the office of member of a council that the member is not authorised to exercise, perform or discharge. (3) A member of a council must not use council resources, including the services of an employee of a council, for private purposes, unless— (a) the member is legally or properly authorised to use the resources; and (b) if appropriate, the member makes a payment for the use of the resources. (4) A member of a council must, in the performance and discharge of official functions and duties where the member considers that written communication is appropriate, use a written communication facility or service provided by the council. 8—Register of Interests For the purposes of section 68(3b) of the Act, the prescribed period is 12 months. 8AAA—Conflicts of interest—exemptions (1) For the purposes of section 75A(1)(d)(i) of the Act, the following matters are prescribed: (a) the preparation, discussion, conduct, consideration or determination of a review under section 12 of the Act; (b) the preparation, discussion, adoption or revision of a policy relating to allowances and benefits payable to members if the policy relates to allowances and benefits payable equally to each member (rather than allowances and benefits payable to particular members or particular office holders); (c) the preparation, discussion, adoption or alteration of a training and development policy under section 80A of the Act; (d) the preparation, discussion, adoption or amendment of a strategic management plan under section 122 of the Act; (e) the adoption or revision of an annual business plan; (f) the adoption or revision of a budget; (g) the declaration of rates (other than a separate rate) or a charge with the character of a rate, and any preparation or discussion in relation to such a declaration; (h) a discussion or decision of a matter at a meeting of a council if the matter— (i) relates to a matter that was discussed before a meeting of a subsidiary or committee of the council; and (ii) the relevant interest in the matter is the interest of the council that established the committee or which appointed, or nominated for appointment, a member of the board of management of the council subsidiary or regional subsidiary. 8AA—Training and development (a1) For the purposes of section 80A(2)(b) of the Act, a training and development policy of a council must incorporate the training requirements for council members that are expressed to be mandatory requirements in the LGA training standards (prescribed mandatory requirements). (1) For the purposes of section 80A(2)(b) of the Act, a council must ensure that its training and development policy— (a) provides that members must undertake regular training in accordance with the policy; and (b) complies with the LGA training standards. (1a) For the purposes of section 80A(2f) of the Act, the prescribed period is 12 months. (1b) For the purposes of section 80A(2h) of the Act, a register relating to training and development of members of a council must include the following information in respect of each member: (a) the member's name; (b) in respect of training and development required to be completed by the member— (i) the name (if any) and subject of the training or development; and (ii) the date by which the training or development is required to be completed by the member; and (iii) the date on which the training or development was completed by the member. (2) In this regulation— LGA training standards means the document entitled LGA training standards for council members approved by the Minister for the purposes of this regulation and published on a website maintained by the LGA, as in force from time to time. (3) An alteration to the LGA training standards by the LGA has no force or effect for the purposes of subregulation (2) unless or until the Minister has provided his or her written approval to the making of the alteration. (4) For the purposes of the definition of LGA training standards— (a) the LGA is declared to be a prescribed body under section 303(4) of the Act; and (b) the LGA training standards are adopted by these regulations pursuant to section 303(4) of the Act; and (c) the principal office of the LGA (at 148 Frome Street, Adelaide, 5000 or, if the LGA moves its principal office, at that new address) is specified for the purposes of section 303(7)(c) of the Act. 8ABA—Suspension—member of council subject to intervention order For the purposes of section 80B(9) of the Act, the prescribed period is 12 months. 8AB—Information or briefing sessions For the purposes of section 90A(7)(b) of the Act, the following information must be published on a website determined by the chief executive officer as soon as practicable after the holding of an information or briefing session: (a) the place, date and time of the session; (b) the matter discussed at the session; (c) whether or not the session was open to the public. 9—Register of interests—officers (1) A word or expression used in this regulation that is defined in subclause (1) of clause 1 of Schedule 3 of the Act has the same meaning in this regulation as in that subclause (and as if any reference in that subclause to a member were a reference to an officer to whom Chapter 7 Part 4 Division 1 Subdivision 2 of the Act applies). (2) For the purposes of this regulation, a person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust. (3) For the purpose of this regulation, a person is an investor in a body if— (a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or (b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body. (5) For the purposes of section 115 of the Act, the prescribed form for a primary return is the form determined by the Minister and the return must contain the following information: (a) a statement of any income source that the officer required to submit the return or a designated person or entity in relation to the officer has or expects to have in the period of 12 months after the date of the primary return; (b) the name of any company, or other body, corporate or unincorporate, in which the officer or a member of his or her family holds any office whether as director or otherwise; (c) the information required by subregulation (7). (6) For the purposes of section 115 of the Act, the prescribed form for an ordinary return is the form determined by the Minister and the return must contain the following information: (a) if the officer required to submit the return or a designated person or entity in relation to the officer received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit; (b) if the officer or a member of his or her family held an office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period—the name of the company or other body; (f) the information required by subregulation (7). (7) For the purposes of this regulation, a return (whether primary or ordinary) must contain the following information: (a) the name or description of any company, partnership, association or other body in which the officer required to submit the return or a designated person or entity in relation to the officer is an investor; (b) a concise description of any trust (other than a testamentary trust) of which the officer or a designated person or entity in relation to the officer is a beneficiary or trustee (including the name and address of each trustee); (c) the address or description of any land in which the officer or a designated person or entity in relation to the officer has any beneficial interest other than by way of security for any debt; (d) any fund in which the officer or a designated person or entity in relation to the officer has an actual or prospective interest to which contributions are made by a person other than the officer or a designated person or entity in relation to the officer; (e) if the officer or a designated person or entity in relation to the officer is indebted to another person (not being a relative of the officer or a member of the officer's family) in an amount of or exceeding $7 500—the name and address of that other person; (f) if the officer or a designated person or entity in relation to the officer is owed money by a natural person (not being a relative of the officer or a member of the officer's family) in an amount of or exceeding $10 000—the name and address of that person; (g) any other substantial interest whether of a pecuniary nature or not of the officer or of a designated person or entity in relation to the officer of which the officer is aware and which he or she considers might appear to raise a material conflict between his or her private interest and the duty that he or she has or may subsequently have as an officer of the council. (8) An officer is required by this regulation only to disclose information that is known to the officer or ascertainable by the officer by the exercise of reasonable diligence. (9) Nothing in this regulation requires an officer to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the officer. (10) An officer may include in a return such additional information as the officer thinks fit. (11) Nothing in this regulation will be taken to prevent an officer from disclosing information required by this regulation in such a way that no distinction is made between information relating to the officer personally and information relating to a designated person or entity in relation to the officer. (12) Nothing in this regulation requires disclosure of the actual amount or extent of a financial benefit, contribution or interest. 10—Annual reports (1) Pursuant to section 131(5) of the Act, the South Australian Local Government Grants Commission is a prescribed body. (2) For the purposes of section 131(5) of the Act, the relevant day by which an annual report must be submitted by a council under that subsection is 31 December in the financial year immediately following the end of the financial year to which the annual report relates. 11—Recovery of amounts due to council (1) Pursuant to section 144(4) of the Act, a fee, cost or expense payable to a council under regulation 9(7) of the South Australian Public Health (Wastewater) Regulations 2013 in relation to the connection of an on‑site wastewater system on land to a community wastewater management system, is, while the fee, cost or expense remains unpaid, a charge on the land. (2) Pursuant to section 144(4) of the Act, nothing in that subsection prevents a charge under section 93(6) of the South Australian Public Health Act 2011 constituting a charge on land. 12—Service rates and charges (1) In this regulation— CWMS Property Units Code means the Code for Establishing and Applying Property Units as a Factor for the Imposition of Annual Service Charges for Community Wastewater Management Systems  published by the LGA on 20 April 2006, as in force at the time that this regulation is made. (2) For the purposes of this regulation— (a) the LGA is declared to be a prescribed body under section 303(4) of the Act; and (b) the Code is adopted by these regulations pursuant to section 303(4) of the Act; and (c) the principal office of the LGA (at 148 Frome Street, Adelaide, 5000 or, if the LGA moves its principal office, at that new address) is specified for the purposes of section 303(7)(c) of the Act. (3) For the purposes of section 155(2a) of the Act, the prescribed circumstances in which section 155(2) of the Act does not apply are where the land is non‑rateable land of 1 of the following classes and the prescribed services are not made use of at the land: (a) unalienated Crown land used wholly or primarily for— (i) the conservation or protection of natural resources within the meaning of the Natural Resources Management Act 2004; or (ii) recreational or sporting activities; (b) unalienated Crown land within the meaning of the Crown Land Management Act 2009; (c) land constituted as a reserve under the National Parks and Wildlife Act 1972; (d) land constituted as a wilderness protection area or wilderness protection zone under the Wilderness Protection Act 1992; (e) land vested, under section 15 of the Harbors and Navigation Act 1993, in the Minister to whom that Act is committed. (4) Pursuant to section 155(3)(b) of the Act, the following factors are prescribed: (a) any category of land use declared as a permissible differentiating factor under regulation 14; (b) in respect of a service for the collection, treatment or disposal of wastewater or effluent—the number of property units that apply with respect to the relevant land, as determined under the CWMS Property Units Code. (5) For the purposes of section 155(5) of the Act, the cost of capital (as understood as an economic concept) may be taken into account when determining the cost to the council of establishing, operating, maintaining, improving or replacing the relevant service. 13—Rates and charges for services not provided at the land (1) For the purposes of section 155(11), a council is authorised to impose a service rate or annual service charge (or a combination of both) for a prescribed service in respect of the collection of domestic waste in accordance with the scheme set out in subregulation (2). (2) For the purposes of subregulation (1), the following provisions apply to the imposition of rates or charges in relation to a particular piece of land: (a) if the prescribed service is provided no more than 500 metres from the access point to the land—the full service rate or annual service charge (or a combination of both) may be charged for the prescribed service; (b) if the prescribed service is provided more than 500 metres but no more than 2 kilometres from the access point to the land—75% of the service rate or annual service charge (or a combination of both) may be charged for the prescribed service; (c) if the prescribed service is provided more than 2 kilometres but less than 5 kilometres from the access point to the land—50% of the service rate or annual service charge (or a combination of both) may be charged for the prescribed service; (d) if the prescribed service is provided 5 kilometres or more from the access point to the land—no rate or annual service charge may be charged for the prescribed service (but nothing in this paragraph prevents a council from entering into an agreement for the provision of a prescribed service in respect of the collection of waste that involves the payment of an amount for the provision of the prescribed service). (3) In this regulation— access point means the point on the land where the land is generally accessed; domestic waste means waste produced in the course of a domestic activity. 14—Differentiating factors (1) For the purposes of sections 156 and 167 of the Act, the following categories of land use are declared as permissible differentiating factors: (a) Residential comprising the use of land for a detached dwelling, group dwelling, multiple dwelling, residential flat building, row dwelling or semi‑detached dwelling within the meaning of a prescribed instrument; (b) Commercial—Shop comprising the use of land for a shop within the meaning of a prescribed instrument; (c) Commercial—Office comprising the use of land for an office within the meaning of a prescribed instrument; (d) Commercial—Other comprising any other commercial use of land not referred to in the categories specified in paragraph (b) or (c); (e) Industry—Light comprising the use of land for a light industry within the meaning of a prescribed instrument; (f) Industry—Other comprising any other industrial use of land not referred to in the category specified in paragraph (e); (g) Primary Production comprising— (i) farming within the meaning of a prescribed instrument; and (ii) horticulture within the meaning of a prescribed instrument; and (iii) the use of land for horse keeping, intensive animal keeping or intensive animal husbandry within the meaning of a prescribed instrument; and (iv) in respect of a dairy situated on a farm—the use of land for a dairy within the meaning of a prescribed instrument; and (v) commercial forestry; (h) Vacant land comprising the non‑use of vacant land; (i) Other comprising any other use of land not referred to in a previous category. (2) For the purposes of section 156(7) of the Act, a differentiating factor based on the locality of land must comply with the following principles: (a) there may be differentiation according to the zone in which the land is situated; (b) there may be differentiation according to whether the land is situated within or outside a township (with, at the discretion of the council, a separate differentiation according to zones); (c) if there are 2 or more townships in the area—there may be differentiation according to the township in which the land is situated (with, at the discretion of the council, a separate differentiation in relation to land outside the townships and, at the discretion of the council, a separate differentiation according to zones). (2a) The operation of this regulation is not affected by the revocation of the Development Regulations 2008 or a Development Plan under the Development Act 1993 (or by the repeal of the Development Act 1993) and a reference in this regulation to— (a) the Development Regulations 2008 is a reference to those regulations as in force immediately before their revocation; and (b) a Development Plan is a reference to the Development Plan as in force immediately before its revocation. (3) In this regulation— prescribed instrument means— (a) the Development Regulations 2008; or (b) the Planning and Design Code under the Planning, Development and Infrastructure Act 2016; zone means— (a) an area defined as a zone, precinct or locality by a Development Plan under the Development Act 1993; or (b) an area defined as a zone or subzone by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. 15—Notice of valuation For the purposes of section 168(3)(c) of the Act, notice of a valuation made by a valuer employed or engaged by the council must be given to the principal ratepayer in respect of the land to which the valuation relates— (a) by showing the valuation in an account for the payment of rates in respect of the land sent to the principal ratepayer at his or her address shown in the assessment record; or (b) by sending a notice to the principal ratepayer at his or her address shown in the assessment record in which the council— (i) identifies the land to which the valuation relates; and (ii) sets out the valuation. 16—Objections to valuation made by a council (1) For the purposes of section 169(9)(a) of the Act, the form set out as Form 7 is prescribed. (2) For the purposes of section 169(9)(c) of the Act, the prescribed fee is the same as the fee prescribed for the purposes of section 25B(2)(c) of the Valuation of Land Act 1971. (3) For the purposes of section 169(16) of the Act, the prescribed fee in relation to a review is the amount of the allowances payable under section 25A(8) of the Valuation of Land Act 1971 for the review. 17—Rates notice (1) Pursuant to section 180(2) of the Act, a rates notice under that section must incorporate, or be accompanied by, the following information: (a) the location or address of the land; (b) the relevant assessment number; (c) the basis on which the rate or charge is declared (see especially section 151 of the Act); (d) the valuation method used for the purposes of valuing the relevant land and the valuation adopted for the land; (e) in the case of a differential rate—the differentiating factor including— (i) if the differentiating factor is or includes the use of the land—that land use; and (ii) if the differentiating factor is or includes the locality of the land—that locality; (f) the date on which the rate or charge was declared; (g) if relevant, the rate in the dollar that has been declared; (h) the date or dates on which a payment or payments of the rate or charge will fall due under the Act; (i) if relevant, details of any minimum amount that has been fixed under section 158 of the Act as part of the declaration of a rate; (j) details of any rebate, remission, concession or deduction that applies with respect to the imposition of the rate or charge in relation to the relevant land; (k) the total amount payable by the ratepayer; (l) the options and arrangements that are available for payment of the rate or charge; (m) a brief description of the processes that apply under the Act— (i) to object to the attribution of a particular land use (if relevant); and (ii) to object to the valuation adopted for the relevant land; (n) a contact telephone number for ratepayer enquiries; (o) a brief summary of the penalties that apply under the Act if an instalment of rates, or a charge, is not paid on or before the date on which it falls due (see especially section 181(8) of the Act); (p) a brief statement concerning the entitlement of ratepayers to be included on the voters roll for the relevant area. (2) A rates notice may relate to more than 1 rate or charge (or to a combination of 1 or more rates and 1 or more charges). (3) Subregulation (1)(m) does not apply with respect to a second or subsequent rates notice sent to a ratepayer in a particular financial year where at least 60 days have elapsed since service on the ratepayer of the first rates notice for that financial year. 18—Postponement of rates—Seniors (1) For the purposes of section 182A(1) of the Act, the prescribed proportion of rates is any amount in excess of $500. (2) For the purposes of section 182A(2) of the Act, the manner and form of an application will be determined by the council. (3) For the purposes of section 182A(3) of the Act, a council may reject an application for the postponement of rates if it appears to the council that the maximum principal or other capital liability that may be or become payable or due under a mortgage, encumbrance or charge registered over the land (assuming no default) may exceed 50% of the capital value of the land. (4) However— (a) subregulation (3) does not apply in relation to a postponement for the benefit of the same person with respect to the same land in a second or subsequent year; and (b) subregulation (3) does not apply in relation to a mortgage, encumbrance or charge registered after the commencement of section 182A of the Act. (5) For the purposes of section 182A(8) of the Act, the period of 6 months from the day on which the entitlement to the postponement ceases to exist is prescribed. (6) Pursuant to section 182A(10) of the Act, where a postponement of the payment of rates has occurred under section 182A of the Act— (a) the council must inform the prescribed ratepayer that an entitlement to receive a remission of rates under the Rates and Land Tax Remission Act 1986 may be applied, at the prescribed ratepayer's discretion, towards the proportion of rates that has not been postponed; and (b) any subsequent rates notice that relates to rates of the same kind must (while the same person remains entitled to a postponement of rates) include or be accompanied by— (i) information about the amount of rates outstanding under the postponement; and (ii) information about the amount of interest that has accrued under the postponement, as at the end of the immediately preceding quarter; and (iii) a statement concerning the person's entitlements with respect to a postponement of rates without the need to make a further application; and (iv) a statement to the effect that to the extent that an amount is not paid in accordance with the notice but is capable of being the subject of a postponement under section 182A of the Act will be taken to be subject to postponement under that section; and (v) a statement concerning the requirement of the owner of the land to inform the council if or when the entitlement to the postponement ceases to exist. 19—Certificates of liabilities—fee For the purposes of section 187(3)(e) of the Act, the prescribed fee is the same as the fee prescribed for the issue of a certificate for the purposes of section 23 of the Land Tax Act 1936. 20—Fees and charges For the purposes of section 188(1)(h) of the Act, if a council incurs costs and expenses associated with the appointment and work of a mediator, conciliator or evaluator under section 271 of the Act, half of the costs and expenses so incurred is a prescribed matter. 21—Compulsory acquisition of land Pursuant to section 191(2) of the Act, the following are classified as approved purposes for which Ministerial approval is not required for the compulsory acquisition of land: (a) a purpose for which the compulsory acquisition of land is approved or authorised under an Act; (b) for the acquisition of land required for the construction of a community wastewater management system; (c) for the acquisition of land required for the purpose of carrying out work for the prevention or mitigation of floods. 22—Exemption of certain leases or licences over community land from consultation requirements (1) Pursuant to section 202(3)(b) of the Act, a council is not required to undertake public consultation with respect to a lease or licence over community land if— (a) the lease or licence is being granted to the Crown, or to a Minister or other agency or instrumentality of the Crown; and (b) it is a term of the lease or licence that there is to be no substantial change in the use of the land (disregarding trifling, insignificant or subsidiary uses). (2) Pursuant to section 202(3)(b) of the Act, The Corporation of the City of Adelaide is not required to undertake public consultation with respect to a lease or licence over land within the Central Market Complex. (3) In this regulation— Central Market Complex means the area within the Certificate of Title Register Book Volume 5307 Folio 824 or Volume 5574 Folio 706. 23—Register of community land For the purposes of section 207(2)(a) of the Act, a register of community land under that section must contain, in respect of each piece of community land in the area— (a) the legal description of the land (being, in the case of land that has been brought under the provisions of the Real Property Act 1886, the Certificate of Title Register Book Volume and Folio Numbers); and (b) the street address of the land (if any); and (c) the name of the locality or suburb in which the land is situated; and (d) the name by which the land is commonly known (if any); and (e) the area of the land; and (f) the name of the owner of the land (see sections 4 and 189 of the Act); and (g) the following details concerning any lease or licence granted over the land: (i) the name of the lessee or licensee; (ii) the term of the lease or licence (including information on the term of any extension or renewal stated in the lease or licence); (iii) the actual land to which the lease or licence relates (which may be identified by a plan kept in conjunction with the register); (iv) the purpose for which the lease or licence has been granted.1 Note— 1 The register must also contain copies of current management plans—see section 207(2)(b) of the Act. 24—Minor alterations of roads—section 221 (1) Pursuant to section 221(3)(c) of the Act, the installation, maintenance, replacement or removal of a telecommunication subscriber connection is classified as a minor alteration to a road. (2) In subregulation (1)— telecommunication subscriber connection means any pipes, wires, cables, optical fibre or other material suspended above the ground and used to connect a subscriber to a telecommunications or electronic network, and includes any fixture or fitting directly associated with making such a connection. 25—Public consultation—section 223 (1) Pursuant to section 223(1)(c) of the Act, public consultation is required in relation to a proposal— (a) to authorise the use of a road for cultivation purposes under section 222(1) of the Act where any part of the road is to be fenced; or (b) to authorise the use of a road for any other business purpose under section 222(1) of the Act where any part of the road is to be fenced, enclosed or partitioned so as to impede the passage of traffic to a material degree. (2) Pursuant to section 223(2) of the Act, the following administrative units of the Public Service must be notified of a proposal to grant an authorisation within the ambit of subregulation (1)(a) other than in relation to a road that has been formed and surfaced: (a) the administrative unit that is, under a Minister, responsible for the administration of the Development Act 1993; (b) the administrative unit that is, under a Minister, responsible for the administration of the Recreational Greenways Act 2000. 26—Register of public roads For the purposes of subsection (2) of section 231 of the Act, a register of public roads under that section must include, in respect of each public road, the following information: (a) the name of the public road; (b) the situation of the public road; (c) the approximate extent of the public road; (d) the approximate width of the public road; (e) within the public road—the approximate width of the carriageway, including any associated kerbing, verges or footpaths (where formed). 27—Removal of vehicles (1) For the purposes of section 237(1) of the Act, the notice set out as Form 8 is prescribed. (2) For the purposes of section 237(4)(a) of the Act, the notice set out as Form 9 is prescribed. 28—By‑laws—roads Pursuant to section 239(1)(g) of the Act, a council is authorised to make by‑laws about the following: (a) the use of roads for camping; (b) the prevention of the obstruction of— (i) any road; or (ii) any footway, water‑channel, or watercourse in a road. 29—By‑laws—certificate of legal practitioner For the purposes of section 249(4) of the Act, the form set out as Form 10 is prescribed. 30—Review of an order (1) For the purposes of section 256(2) of the Act, the following information is prescribed: (a) a statement that it is possible for the person to whom the order is directed to apply for a review of the order by the South Australian Civil and Administrative Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013; (b) a statement that an application to the South Australian Civil and Administrative Tribunal must be made within 14 days after service of the order; (c) a statement that the operation of the order continues pending the determination of an application for review unless the South Australian Civil and Administrative Tribunal, or the council, makes an interim order suspending the operation of the order; (d) a statement that the South Australian Civil and Administrative Tribunal may, on an application for review, affirm, vary, or set aside the order. (2) A statement under section 256(1) of the Act may also include— (a) a statement about the ability of the council to vary or revoke the order if satisfied that it is appropriate to do so; and (b) a warning that if the order is not complied with within the time fixed for compliance or, if relevant, within 14 days after the completion of any review, then the council may— (i) take the action required by the order (subject to the outcome of any review); and (ii) recover the reasonable costs and expenses incurred by the council in taking that action from a person who fails to comply with the requirements of the order. 31—Prescribed percentage rate—section 257(5)(a) For the purposes of section 257(5)(a) of the Act, the prescribed percentage rate per annum will be the cash advance debenture rate for the financial year in which the period within which the relevant amount must be paid expires. 32—Local government sector employers The local government sector employers referred to in Schedule 3 are brought within the ambit of section 302A(1) of the Act. 34—Local government indemnity schemes For the purposes of clause 2(1)(b)(iii) of Schedule 1 of the Act, the following are prescribed bodies: (a) Southern Success Business Enterprise Centre Inc; (b) Northern Regional Development Board; (c) Fleurieu Regional Development Corporation; (d) Northern Adelaide Development Board Inc; (e) Control Boards established under the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 (and continued in existence under clause 45 of Schedule 4 of the Natural Resources Management Act 2004); (f) Local Government Finance Authority of South Australia; (g) Local Government Superannuation Scheme; (h) Local Government Training Authority of SA Inc; (i) Council Purchasing Co‑operative Limited; (j) Flinders Mobile Library; (k) Maxima Training Group Inc; (l) a joint planning board and a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016. 35—Schedule 4—Annual reports (a1) For the purposes of Schedule 4 clause 1(d) of the Act, the following information is required: (a) the total number of contraventions of Chapter 5 Part 4 Division 2 of the Act by members of the council during the relevant financial year; (b) the total costs incurred by the council relating to dealing with complaints alleging that a member of the council has contravened or failed to comply with Chapter 5 Part 4 Division 2 of the Act and any referrals of such complaints to the Behavioural Standards Panel during the relevant financial year. (a2) Subregulation (a1) does not apply in respect of an annual report for the financial year ending on 30 June 2022. (1) For the purposes of clause 1(ga) of Schedule 4 of the Act— (a) in the case of a report on the use of section 90(2) of the Act, the following information is required: (i) the total number of orders made under that subsection in the financial year; (ii) the date and subject of each order within the ambit of subparagraph (i); (iii) in relation to each paragraph ((a) to (o)) of section 90(3) of the Act—the number of times in the financial year that an order made under section 90(2) was made on the basis that the information or matter fell within the ambit of the paragraph; and (b) in the case of a report on the use of section 91(7) of the Act, the following information is required: (i) the total number of orders made under that subsection in the financial year; (ii) the number of orders made under that subsection that expired, ceased to apply or were revoked during the financial year; (iii) the number of orders made under that subsection that remained operative at the end of the financial year (but not including orders made before 15 November 2010); (iv) the date and subject of each order within the ambit of subparagraph (i) or (iii). (2) For the purposes of Schedule 4 clause 1(i) of the Act, the following material is prescribed: (a) the report required under section 270(8) of the Act; (b) a summary of the details (including the cost) of any interstate and international travel (excluding prescribed interstate travel) undertaken by members of the council during the relevant financial year funded in whole or in part by the council; (c) a summary of the details (including the cost) of any interstate and international travel (excluding prescribed interstate travel) undertaken by employees of the council during the relevant financial year funded in whole or in part by the council; (d) a summary of the details (including the cost) of any gifts above the value of $50 provided to members of the council during the relevant financial year funded in whole or in part by the council; (e) a summary of the details (including the cost) of any gifts above the value of $50 provided to employees of the council during the relevant financial year funded in whole or in part by the council; (f) a statement of the total amount of expenditure incurred using credit cards provided by the council for use by members or employees of the council during the relevant financial year. (2a) For the purposes of Schedule 4 clause 2(f) of the Act, the following matters are prescribed: (a) the total number of contraventions of section 75G of the Act by members of the council during the relevant financial year; (b) the total costs incurred by the council relating to dealing with complaints alleging that a member of the council has contravened or failed to comply with section 75G of the Act and any referrals of such complaints to the Behavioural Standards Panel during the relevant financial year. (2b) For the purposes of subregulations (a1)(b) and (2a)(b), the total costs incurred by a council relating to dealing with complaints— (a) will be taken to include any legal costs and costs of engaging persons as consultants or for the purposes of dispute resolution in respect of complaints; and (b) will be taken to exclude any costs associated with the use of administrative resources of the council or council staff in respect of complaints. (3) In this regulation— cost of travel includes accommodation costs and other costs and expenses associated with the travel; gift includes hospitality; prescribed interstate travel means— (a) travel by a member or employee (as the case may be) of a council the area of which shares a border with another State or a Territory of the Commonwealth if the travel is within that other State or that Territory and is in the course of ordinary business of the council; or (b) travel of a kind included within the ambit of this definition by the Minister by notice in the Gazette. (4) For the purposes of the definition of prescribed interstate travel, travel is taken not to be in the course of ordinary business of a council if the travel is for the purposes of a member or employee of the council attending a conference or training or development activities in another State or a Territory. (5) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under paragraph (b) of the definition of prescribed interstate travel. 36—Variation of Schedule 5—Access to documents Pursuant to section 132(4) of the Act, Schedule 5 of the Act is amended by— (a) deleting the 2nd dot point under the heading "Registers and Returns"; and (b) inserting the following after the 1st dot point under the heading "Information and briefing session papers": • Record made by council or chief executive officer of the information that is required to be published as soon as practicable after the holding of an information or briefing session in accordance with section 90A(7)(b) (c) deleting "Annual" and substituting "Draft annual business plan, annual" in the 5th dot point under the heading "Policy and administrative documents"; and (d) deleting the 9th, 16th and 17th dot points under the heading "Policy and administrative documents"; and (e) inserting the following after the 1st dot point under the heading "By‑laws": • Any determination in respect of a by‑law made under section 246(3)(e) 37—Schedule 8—Lochiel Park Lands—definition of LMC For the purposes of the definition of LMC in clause 11(1) of Schedule 8, the Urban Renewal Authority established under the Housing and Urban Development (Administrative Arrangements) Act 1995 is brought within the ambit of the definition. Schedule 1—Forms Form 2—Undertaking to be made by a member of a council before assuming office I, [insert full name of member of the council], having been elected or appointed to the office of a member of [insert full name of council], undertake to faithfully and impartially fulfil the duties of office in the public interest, to the best of my judgment and abilities and in accordance with the Local Government Act 1999. Signature: [insert signature of member] This undertaking was made before me on: [insert date on which undertaking is made] Signature: [insert signature of person before whom undertaking is made] Note— The undertaking must be made before a Justice of the Peace or other person authorised to take declarations under the Oaths Act 1936. Form 7—Application for review of valuation Local Government Act 1999 (section 169) Notes— 1 A separate application is required for each review sought and the grounds of review must be fully stated on the application form. 2 Notwithstanding this review, any rate assessed on the valuation must be paid by the due date. To: [insert name of council] I give notice that I seek a review of the Valuation No [insert number] located at: House number Street name Suburb or town Lot or Section Hundred I have previously objected to this valuation and an advice in relation to this objection from the council was dated [insert date]. The *value/values as determined by the council and shown on the *notice/notices *is/are: • Annual value     $ [insert value here] • Capital value     $ [insert value here] • Site value          $ [insert value here] I contend that the *value/values should be: • Annual value     $ [insert value here] • Capital value     $ [insert value here] • Site value          $ [insert value here] *Delete irrelevant items. A detailed statement of the grounds for this review application must be given below and should include a description of the land and premises and its present use. (if space is insufficient, use the back of the form or attach a statement of grounds)

Rental details (if premises let) Detailed valuation of land and premises Gross rents Particulars $ Particulars $

Signature: [insert signature of applicant] Date: Postal address: Notes— • If the application for review is signed by an agent, a written authority signed by the owner must be attached. • This request must be directed to the council which made the valuation. • A valuation will not be altered on a review if the alteration would have the effect of increasing or decreasing the valuation by a proportion of one tenth or less. Form 8—Removal of vehicles—warning notice (section 237(1)) Date and time of issue: Name and contact details of authorised officer: Council: Description of vehicle (registration number, make, model etc): Location of vehicle: Warning— (a) this vehicle has been left at the stated location for at least 24 hours; and (b) if the vehicle is not moved within 24 hours of the time of issue of this notice— (i) the vehicle may be removed by an authorised officer to an appropriate place; and (ii) notification of the removal of the vehicle will be given to the owner of the vehicle; and (iii) if the owner of the vehicle does not, within 1 month after service of the notice referred to in subparagraph (ii)— (A) take possession of the vehicle; and (B) pay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing the notice, the council will take steps to sell or dispose of the vehicle in accordance with section 237 of the Local Government Act 1999. Form 9—Removal of vehicles—notice (section 237(4)) Date and time of service/postage (person‑to‑person registered post): Name and contact details of authorised officer: Council: Description of vehicle (registration number, make, model etc): Date and time of removal of vehicle: Location from which vehicle was removed: Take note— (a) your vehicle has been removed; and (b) if you do not, within 1 month after service of this notice— (i) take possession of the vehicle; and (ii) pay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing this notice, the council will take steps to sell or dispose of the vehicle in accordance with section 237 of the Local Government Act 1999. Form 10—Certificate of validity Local Government Act 1999 (section 249) Please read the notes below before completing and signing this certificate I, [insert full name], of [insert principal business address], being a legal practitioner within the meaning of the Legal Practitioners Act 1981, declare that I have examined the following by‑law: [insert a description of the by‑law] and do certify that in my opinion [insert name of council] has power to make the by‑law by virtue of the following statutory provision: [insert a description of the statutory provision] and the by‑law is not in conflict with the Local Government Act 1999. Date: Signature: [insert signature of legal practitioner] Schedule 3—Local government sector employers

Councils The Corporation of the City of Adelaide Adelaide Hills Council Alexandrina Council The Barossa Council District Council of Barunga West The Berri Barmera Council City of Burnside The Corporation of the City of Campbelltown The District Council of Ceduna City of Charles Sturt Clare and Gilbert Valleys Council The District Council of Cleve District Council of Coober Pedy The Coorong District Council District Council of the Copper Coast The District Council of Elliston The Flinders Ranges Council The District Council of Franklin Harbour Town of Gawler Regional Council of Goyder District Council of Grant City of Holdfast Bay Kangaroo Island Council The District Council of Karoonda East Murray The District Council of Kimba Kingston District Council Light Regional Council District Council of Lower Eyre Peninsula District Council of Loxton Waikerie The District Council of Mallala The Corporation of the City of Marion Mid Murray Council City of Mitcham The District Council of Mount Barker City of Mount Gambier The District Council of Mount Remarkable Rural City of Murray Bridge Naracoorte Lucindale Council Northern Areas Council The Corporation of the City of Norwood Payneham and St Peters City of Onkaparinga District Council of Orroroo/Carrieton District Council of Peterborough City of Playford City of Port Adelaide Enfield The Corporation of the City of Port Augusta City of Port Lincoln Port Pirie Regional Council City of Prospect Renmark Paringa Council The District Council of Robe Municipal Council of Roxby Downs City of Salisbury Southern Mallee District Council The District Council of Streaky Bay The District Council of Tatiara City of Tea Tree Gully The District Council of Tumby Bay The Corporation of the City of Unley City of Victor Harbor Wakefield Regional Council The Corporation of the Town of Walkerville Wattle Range Council City of West Torrens The Corporation of the City of Whyalla Wudinna District Council The District Council of Yankalilla Yorke Peninsula Council

Subsidiaries established under section 42 of Act Adelaide Central Market Authority Adelaide Park Lands Authority Doctor's House Management Authority Nuriootpa Centennial Park Authority Rundle Mall Management Authority

Regional subsidiaries established under section 43 of Act Adelaide Hills Region Waste Management Authority Centennial Park Cemetery Authority Central Local Government Region of SA Inc Council Solutions Regional Authority Eastern Health Authority Inc Eastern Region Alliance Water Eastern Waste Management Authority Inc Eyre Peninsula Local Government Association Fleurieu Regional Aquatic Centre Fleurieu Regional Waste Authority Gawler River Floodplain Management Authority Highbury Landfill Authority Limestone Coast Local Government Association Livestock Saleyards Association of South Australia Murray Mallee Community Transport Scheme Murray and Mallee Local Government Association Northern Adelaide Waste Management Authority Southern & Hills Local Government Association Southern Eyre Peninsula Subsidiary Southern Region Waste Resource Authority

Other entities Local Government Association of South Australia The Local Government Association Mutual Liability Scheme South Australia Local Super Local Government Disaster Fund Stormwater Management Authority Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For 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. Legislation revoked by principal regulations The Local Government (General) Regulations 2013 revoked the following: Local Government (General) Regulations 1999 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2013 290 Gazette 19.12.2013 p4975 1.1.2014: r 2 2014 47 Gazette 13.2.2014 p908 13.2.2014: r 2 2014 81 Gazette 19.6.2014 p2511 1.7.2014: r 2 2014 273 Gazette 20.11.2014 p6481 20.11.2014: r 2 2015 81 Gazette 18.6.2015 p2607 1.7.2015: r 2 2015 166 Gazette 18.6.2015 p2859 18.6.2015: r 2 2015 229 Gazette 11.11.2015 p4891 11.11.2015: r 2 2016 20 Gazette 31.3.2016 p1071 31.3.2016: r 2 2016 60 Gazette 23.6.2016 p2156 1.7.2016: r 2 2016 253 Gazette 27.10.2016 p4274 24.11.2016: r 2 2017 101 Gazette 22.6.2017 p2257 1.7.2017: r 2 2017 307 Gazette 14.11.2017 p4581 1.3.2018: r 2 2018 43 Gazette 13.2.2018 p782 2.4.2018: r 2 2018 80 Gazette 21.6.2018 p2190 1.7.2018: r 2 2018 181 Gazette 28.6.2018 p2652 4.10.2018: r 2 2018 251 Gazette 20.12.2018 p4356 1.1.2019: r 2 2019 136 Gazette 13.6.2019 p2041 1.7.2019: r 2 2020 7 Gazette 6.2.2020 p219 6.2.2020: r 2 2020 77 Gazette 4.6.2020 p2827 1.7.2020: r 2 2020 210 Gazette 18.6.2020 p3409 18.6.2020: r 2 2021 31 Gazette 18.3.2021 p941 18.3.2021: r 2 2021 139 Gazette 16.9.2021 p3560 20.9.2021 except r 8—10.11.2021: r 2 2021 195 Gazette 23.12.2021 p4634 23.12.2021: r 2 2022 55 Gazette 7.7.2022 p2144 7.7.2022: r 2 2022 96 Gazette 17.11.2022 p6642 17.11.2022: r 2 2025 139 Gazette 11.12.2025 p4831 11.12.2025: r 2 2025 145 Gazette 18.12.2025 p4970 1.1.2026: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 13.2.2014 r 4 substituted by 210/2020 r 4 18.6.2020 r 5 substituted by 251/2018 r 4 1.1.2019 r 5A inserted by 145/2025 r 3 1.1.2026 rr 7 and 8 substituted by 96/2022 r 3 17.11.2022 r 8AAA inserted by 20/2016 r 4 31.3.2016

substituted by 253/2016 r 4 24.11.2016

heading amended by 96/2022 r 4(1) 17.11.2022 r 8AAA(1) amended by 96/2022 r 4(2) 17.11.2022 r 8AAA(2) deleted by 96/2022 r 4(3) 17.11.2022 r 8AAB inserted by 253/2016 r 4 24.11.2016

deleted by 96/2022 r 5 17.11.2022 r 8AA inserted by 273/2014 r 4 20.11.2014 r 8AA(a1) inserted by 96/2022 r 6(1) 17.11.2022 r 8AA(1a) and (1b) inserted by 96/2022 r 6(2) 17.11.2022 r 8ABA inserted by 96/2022 r 7 17.11.2022 r 8AB inserted by 253/2016 r 5 24.11.2016

substituted by 139/2021 r 4 20.9.2021 r 8A inserted by 47/2014 r 4 13.2.2014

varied by 43/2018 r 4 2.4.2018

deleted by 96/2022 r 8 17.11.2022 r 9

r 9(1) amended by 96/2022 r 9(1) 17.11.2022 r 9(4) deleted by 96/2022 r 9(2) 17.11.2022 r 9(5) amended by 96/2022 r 9(3), (4) 17.11.2022 r 9(6) amended by 96/2022 r 9(5), (6) 17.11.2022

(c)—(e) deleted by 96/2022 r 9(7) 17.11.2022 r 9(7) amended by 96/2022 r 9(8)—(16) 17.11.2022 r 9(11) amended by 96/2022 r 9(17) 17.11.2022 r 9(12) amended by 96/2022 r 9(18) 17.11.2022 r 10

r 10(1) varied by 139/2021 r 5 20.9.2021 r 11

r 11(1) r 11 redesignated as r 11(1) by 166/2015 r 4 18.6.2015 r 11(2) inserted by 166/2015 r 4 18.6.2015 r 14

r 14(1) varied by 31/2021 r 4(1), (2) 18.3.2021 r 14(2a) inserted by 31/2021 r 4(3) 18.3.2021 r 14(3) substituted by 31/2021 r 4(4) 18.3.2021 r 16

r 16(2) substituted by 77/2020 r 4 1.7.2020 r 16(3) inserted by 77/2020 r 4 1.7.2020 r 19 varied by 77/2020 r 5 1.7.2020 r 22

r 22(1) amended by 139/2025 r 3(1) 11.12.2025 r 22(2) amended by 139/2025 r 3(2) 11.12.2025 r 25A inserted by 307/2017 r 4 1.3.2018

deleted by 139/2021 r 6 20.9.2021

inserted by 55/2022 r 3 7.7.2022

deleted by 145/2025 r 4 1.1.2026 rr 25B and 25C inserted by 307/2017 r 4 1.3.2018

deleted by 139/2021 r 6 20.9.2021 r 30

r 30(1) varied by 181/2018 r 4(1)—(4) 4.10.2018 r 33 deleted by 96/2022 r 10 17.11.2022 r 34 varied by 7/2020 r 4 6.2.2020 r 35

r 35(a1) and (a2) inserted by 96/2022 r 11(1) 17.11.2022 r 35(1) varied by 139/2021 r 7 20.9.2021 r 35(2) substituted by 195/2021 r 4 23.12.2021 r 35(2a) and (2b) inserted by 96/2022 r 11(2) 17.11.2022 r 35(3)—(5) inserted by 195/2021 r 4 23.12.2021 r 36 substituted by 139/2021 r 8 10.11.2021 Sch 1

Form 1 substituted by 253/2016 r 6(1) 24.11.2016

deleted by 251/2018 r 5 1.1.2019 Form 2 substituted by 273/2014 r 5 20.11.2014 Forms 3—6 deleted by 96/2022 r 12 17.11.2022 Forms 8 and 9 substituted by 253/2016 r 6(2) 24.11.2016 Sch 2 substituted by 81/2014 r 4 1.7.2014

substituted by 81/2015 r 4 1.7.2015

substituted by 60/2016 r 4 1.7.2016

substituted by 101/2017 r 4 1.7.2017

substituted by 80/2018 r 4 1.7.2018

substituted by 136/2019 r 4 1.7.2019

deleted by 77/2020 r 6 1.7.2020 Sch 2A inserted by 43/2018 r 5 2.4.2018

deleted by 96/2022 r 13 17.11.2022 Sch 3 varied by 229/2015 r 4(1), (2) 11.11.2015

varied by 253/2016 r 7(1)—(6) 24.11.2016 Sch 4 omitted under Legislation Revision and Publication Act 2002 13.2.2014 Transitional etc provisions associated with regulations or variations Local Government (General) (Ministerial Notice) Variation Regulations 2020 (No 210 of 2020), Sch 1 1—Transitional provision A notice published under regulation 4 of the Local Government (General) Regulations 2013 (as in force immediately before the commencement of these regulations) will be treated as a notice published under regulation 4(1) of the Local Government (General) Regulations 2013 (as in force immediately after that commencement). Historical versions 13.2.2014

1.7.2014

20.11.2014

18.6.2015

1.7.2015

11.11.2015

31.3.2016

1.7.2016

24.11.2016

1.7.2017

1.3.2018

2.4.2018

1.7.2018

4.10.2018

1.1.2019

1.7.2019

6.2.2020

18.6.2020

1.7.2020

18.3.2021

20.9.2021

10.11.2021

23.12.2021

7.7.2022

17.11.2022

11.12.2025