Local Government Act 1999 (SA)

South Australia

Local Government Act 1999

An Act to provide for local government; and for other purposes.

The Parliament of South Australia enacts as follows:

Chapter 1Preliminary1Short title

This Act may be cited as the Local Government Act 1999.

3Objects

The objects of this Act are—
(a)
to promote the continuance of a system of local government in South Australia under which elected local government bodies are constituted for the better governance of the State in a manner that is consistent with the provisions of Part 2A of the Constitution Act 1934; and
(b)
to encourage the participation of local communities in the affairs of local government and to provide local communities, through their councils, with sufficient autonomy to manage the local affairs of their area; and
(c)
to provide a legislative framework for an effective, efficient and accountable system of local government in South Australia; and
(d)
to ensure the accountability of councils to the community; and
(e)
to improve the capacity of the local government system to plan for, develop and manage local areas and to enhance the capacity of councils to act within their local areas as participants in the Australian system of representative government; and
(f)
to encourage local government to provide appropriate services and facilities to meet the present and future needs of local communities and to provide for appropriate financial contributions by ratepayers to those services and facilities; and
(g)
to encourage local government to manage the natural and built environment in an ecologically sustainable manner; and
(h)
to define the powers of local government and the roles of council members and officials.

4Interpretation

(1)
In this Act, unless the contrary intention appears—
absolute majority of the members of a council means a majority of the whole number of the members;
accounting records means all records and documents relevant to any receipt or payment of money and includes the working papers and other documents necessary to explain the methods and calculations by which statements and accounts are made up;
Adelaide City Council means The Corporation of the City of Adelaide;
agenda means a list of items of business to be considered at a meeting;
annual value means annual value as defined in the Valuation of Land Act 1971;
area means the area for which a council is constituted;
Australian Parliament means the Parliament of the State, the Commonwealth or another State, or a Legislative Assembly of a Territory of the Commonwealth;
authorised person means a person appointed by a council as an authorised person under Chapter 12 Part 3;
behavioural management policy—see section 262B(1);
behavioural standards means the standards of behaviour to be observed by members of councils published under Chapter 5 Part 4 Division 2;
Behavioural Standards Panel or Panel means the Behavioural Standards Panel established under Chapter 13 Part A1 Division 2;
behavioural support policy—see section 75F(1);
board member means, according to the context—
(a)
a member of the board of management of a subsidiary established by a single council under this Act; or
(b)
a member of the board of management of a regional subsidiary established by two or more councils under this Act;
building upgrade agreement—see Schedule 1B clause 2;
building upgrade charge—see Schedule 1B clause 2;
business day means a day that is not a Saturday, Sunday or public holiday;
capital value means capital value as defined in the Valuation of Land Act 1971;
cash advance debenture rate, for a particular financial year, means the cash advance debenture rate used by the Local Government Finance Authority of South Australia at the commencement of that financial year;
chief executive officer means the chief executive officer of a council and includes a deputy or other person acting in the office of chief executive officer;
commercial project means a commercial activity or enterprise;
Commission or South Australian Local Government Boundaries Commission means the South Australian Local Government Grants Commission established under the South Australian Local Government Grants Commission Act 1992;
community land means local government land classified as community land under Chapter 11;
company means a company incorporated under the Corporations Act 2001 of the Commonwealth;
constituent council of a regional subsidiary means a council that has participated in the establishment of the subsidiary under this Act, or that has become a constituent council under Schedule 2;
council means a council constituted under this Act;
council committee means a committee of a council established under this Act and includes a subcommittee;
councillor means a person appointed or elected as a councillor of a council under this Act;
council subsidiary means a subsidiary established under Schedule 2;
CPI means the Consumer Price Index (All Groups Index for Adelaide) published by the Australian Bureau of Statistics;
day therapy centre means a place that provides day therapy to older persons to enable them to maintain or regain a level of independence and to continue to live in their own homes, or to enable carers to have some respite;
district council means a council constituted as a district council;
domestic 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;
elector—see Local Government (Elections) Act 1999;
Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1985;
farm land means land used wholly or mainly for the business of primary production;
general election, in relation to a council, means a general election of members of the council (whether held under section 5 of the Local Government (Elections) Act 1999 or pursuant to a proclamation or notice under this Act);
highway means—
(a)
a main road or a controlled-access road within the meaning of the Highways Act 1926; or
(b)
a road vested in the name of the Commissioner of Highways or the Minister to whom the administration of the Highways Act 1926 is committed; or
(c)
a road that is subject to a notice under section 26 of the Highways Act 1926; or
(d)
land (other than land vested in a council) declared to be a public road under Part 3A of the Highways Act 1926;
independent living units means—
(a)
units in a complex of residential units that are primarily occupied by retired persons and their spouses or domestic partners; or
(b)
units in a retirement village under the Retirement Villages Act 1987 where a note of the use of the land as a retirement village is endorsed on the relevant certificates of title;
integrity provision means—
(a)
in relation to members of councils—a provision of Chapter 5 Part 4 Division 1; or
(b)
in relation to employees of councils—a provision of Chapter 7 Part 4 Division 1;
land means, according to the context—
(a)
land as a physical entity, including—
(i)
any building or structure on, or improvement to, land; or
(ii)
land covered by water and, in such a case, the overlying water; or
(iii)
a strata lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988; or
(b)
a legal estate or interest in, or right in respect of, land;
lease includes a tenancy agreement;
lessee includes a tenant;
LGA means the Local Government Association of South Australia;
litter includes bottles, cans, cartons, packages, paper, glass and food stuffs;
local government land means land owned by a council or under a council's care, control and management;
member of a council means the principal member or a councillor of the council;
mobile food vending business means a business involving the sale of food or beverages from a vehicle (within the meaning of the Road Traffic Act 1961);
moveable sign means a moveable advertisement or sign;
municipal council means a council constituted as a municipal council;
occupier means a person who is, either jointly or alone, in possession of land (to the substantial exclusion of others);
officer of a body corporate means a director, manager, secretary or public officer of the body corporate and includes any other person who takes part in the management of the affairs of the body corporate;
owner of land means—
(a)
if the land is unalienated Crown land—the Crown; or
(b)
if the land has been granted in fee simple (and is not unalienated Crown land)—
(i)
the holder of an estate in fee simple, or a life estate, in the land; or
(ii)
the holder of a leasehold estate in the land who is not in occupation of the land; or
(iii)
a mortgagee in possession of the land (or a receiver appointed by such a mortgagee); or
(c)
if the land is held from the Crown under a lease, licence or agreement to purchase—the lessee, licensee or purchaser; or
(d)
a person who holds native title in the land; or
(e)
a person who has arrogated to himself or herself (lawfully or unlawfully) the rights of an owner of the land,
and includes the executor of the will, or administrator of the estate, of any such person;
owner, in relation to a motor vehicle, means—
(a)
a person registered or recorded as the owner or an owner of the vehicle under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth; or
(b)
if the vehicle is registered in the name of a business under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth—any person carrying on that business; or
(c)
a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959, or a similar law of the Commonwealth or another State or a Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads,
and includes—
(d)
if the ownership of the vehicle has been transferred but the transferee has not yet been registered or recorded as the owner of the vehicle—a person to whom ownership of the vehicle has been transferred; or
(e)
if a person has possession of the vehicle by virtue of the hire or bailment of the vehicle—that person;
park means community land reserved or delineated as a park or designated by a council as a park;
periodic election means an election to fill offices of a council held pursuant to section 5 of the Local Government (Elections) Act 1999;
principal member, of a council—see Chapter 5 Part 1;
private road means a road in private ownership;
project includes—
(a)
any form of activity or enterprise;
(b)
the provision of facilities or services;
(c)
any form of scheme, work or undertaking;
public consultation policies—see Chapter 4 Part 5;
public notice—see subsection (1aa);
public place means a place (including a place on private land) to which the public has access, but does not include any part of a community parcel divided by a plan of community division under the Community Titles Act 1996;
public road means—
(a)
any road or land that was, immediately before the commencement of this Act, a public street or road under the repealed Act; or
(b)
any road—
(i)
that is vested in a council under this or another Act; or
(ii)
that is placed under a council's care, control and management as a public road after the commencement of this Act,
but not including an alley, laneway, walkway or other similar thoroughfare vested in a council; or
(c)
any road or land owned by a council, or transferred or surrendered to a council, and which, subject to this Act, is declared by the council to be a public road; or
(d)
any land shown as a street or road on a plan of division deposited in the Lands Titles Registration Office or the General Registry Office and which is declared by the council to be a public road; or
(e)
any land transferred or surrendered to the Crown for use as a public road that was, immediately before the transfer, held by a person in fee simple or under a lease granted by the Crown,
(and includes any such road that is within the boundaries of a public square);
quarter means any period of three months commencing on 1 January, 1 April, 1 July or 1 October;
rateable land or rateable property means land that is rateable under Chapter 10;
ratepayer means a person who appears in the assessment record as the owner or occupier of rateable property;
regional subsidiary means a subsidiary of two or more councils;
registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth;
regulatory activity means an activity which involves the making or enforcement of by-laws, orders, standards or other controls under this or another Act;
relative of a person means—
(a)
the spouse or domestic partner; or
(b)
a parent, step parent or remoter lineal ancestor; or
(c)
a child, step child or remoter descendant; or
(d)
a sibling or step sibling; or
(e)
any member of the person's family who resides in the person's household;
relevant audit and risk committee means—
(a)
in relation to a council that has, with 1 or more other councils, established a regional audit and risk committee—the regional audit and risk committee; or
(b)
in relation to any other council—the council audit and risk committee;
remuneration means salary, allowances and other monetary benefits paid or payable to an employee of a council;
repealed Act means the Local Government Act 1934;
reserve means community land reserved or dedicated as a reserve or designated by the council as a reserve;
road means a public or private street, road or thoroughfare to which public access is available on a continuous or substantially continuous basis to vehicles or pedestrians or both and includes—
(a)
a bridge, viaduct or subway; or
(b)
an alley, laneway or walkway;
roadwork means—
(a)
the construction of a road; or
(b)
the maintenance or repair of a road; or
(c)
the alteration of a road; or
(d)
the construction of drains and other structures for the drainage of water from a road; or
(e)
the installation of fences, railings, barriers or gates; or
(f)
the installation of traffic control devices, traffic islands or parking bays; or
(g)
the improvement of a road including (for example)—
(i)
landscaping and beautification; or
(ii)
installation of road lighting; or
(h)
the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or
(i)
the installation of signs on or adjacent to a road for the use or benefit of the public;
rubbish includes litter and waste matter;
SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
senior executive officer means an employee of a council—
(a)
who reports directly to the chief executive officer; and
(b)
—
(i)
whose total remuneration equals or exceeds $100 000 per annum; or
(ii)
whose position is identified in the organisational structure of the staff of the council as a senior executive officer's position for the purposes of this Act;
spouse—a person is the spouse of another if they are legally married;
strategic management plans—see Chapter 8 Part 1;
structural reform proposal means a proposal to—
(a)
constitute a council; or
(b)
amalgamate two or more councils; or
(c)
abolish a council and incorporate its area into the areas of two or more councils; or
(d)
alter the boundaries of a council area;
subsidiary of a council means—
(a)
a subsidiary of the council; or
(b)
a regional subsidiary for which the council is a constituent council;
supported accommodation means—
(a)
residential care facilities that are approved for Commonwealth funding under the Aged Care Act 1997 (Cwlth); or
(b)
accommodation for persons with mental health difficulties, intellectual or physical difficulties, or other difficulties, who require support in order to live an independent life; or
(c)
without limiting paragraph (b), accommodation provided by a community housing provider registered under the Community Housing Providers National Law that is incorporated on a not‑for‑profit basis for the benefit of the public, other than accommodation provided by such a body—
(i)
that has as a principal object of the body the provision of housing for members of the body; or
(ii)
that is excluded from the ambit of this paragraph by the Minister by notice published in the Gazette;
township means—
(a)
any government township and any land laid out as a township where plans of the township have been deposited in the Lands Titles Registration Office, the General Registry Office or the Surveyor-General's Office; or
(b)
any part of the area of a council that contains at least 20 residences and that is defined as a township by the council by notice in the Gazette;
unalienated Crown land means all land of the Crown except—
(a)
land held in fee simple by an agency or instrumentality (other than a Minister) of the Crown;
(b)
land subject to a lease or licence (other than a lease or licence relating to exploration for, or recovery of, minerals or petroleum);
(c)
land subject to an agreement to purchase;
valuation means a determination or assessment of value;
vehicle includes motor cycle and bicycle;
waste matter includes any discarded object or material (whether or not it has any apparent value).
(1aa)
For the purposes of this Act, public notice is given if—
(a)
notice is published—
(i)
in the Gazette; and
(ii)
—
(A)
in the case of a notice to be published by a council—on a website determined by the chief executive officer; or
(B)
in the case of a notice to be published by another person or body—on a website determined by the person or body; and
(b)
notification of the fact of publication of the notice and the website address at which the notice is available for inspection is published in a newspaper circulating within the area of the relevant council.
(1a)
For the purposes of paragraph (c) of the definition of supported accommodation in subsection (1)—
(a)
a body will not be regarded as incorporated on a not‑for‑profit basis—
(i)
if a principal or subsidiary object of the body is—
(A)
to secure a pecuniary profit for the members of the body or any of them; or
(B)
to engage in trade or commerce; or
(ii)
if the constitution or rules of the body provide that the surplus assets of the body on a winding‑up are to be distributed to its members or to another body that does not have identical or similar aims or objects; and
(b)
the Minister may, by notice in the Gazette, vary or revoke a notice that has been previously published in the Gazette under that paragraph.
(2)
For the purposes of this Act, a reference to the conclusion of council elections is a reference—
(a)
in the case of periodic elections—
(i)
if the number of candidates nominated to contest each of the elections for the council does not exceed the number of persons required to be elected—to the last business day before the second Saturday of November of the year of the elections; or
(ii)
in any other case—to the time at which the last result of the periodic elections is certified by the returning officer under the Local Government (Elections) Act 1999;
(b)
in the case of elections held on a day appointed by proclamation or notice—
(i)
if the number of candidates nominated to contest each of the elections for the council does not exceed the number of persons required to be elected—to the day fixed as polling day for the elections; or
(ii)
in any other case—to the time at which the last result of the elections is certified by the returning officer under the Local Government (Elections) Act 1999;
(c)
in the case of a supplementary election—
(i)
if the number of candidates nominated to contest the election does not exceed the number of persons required to be elected—to the time at which the nominated candidate or candidates are declared elected by the returning officer under the Local Government (Elections) Act 1999; or
(ii)
in any other case—to the time at which the result of the election is certified by the returning officer under the Local Government (Elections) Act 1999.
(3)
If—
(a)
a person is authorised or required by a provision of this Act to act in a particular office or position while the holder of the office or position is absent; or

(b)
a provision of this Act provides for the appointment of a person to act in a particular office or position while the holder of the office or position is absent,
the provision authorises or requires that person to act in the office or position while the holder of the office or position is absent from the duties of the office or position or while the office or position is temporarily vacant.
(4)
Subsection (3) operates subject to any other section that makes express provision for another person to act in the relevant office or position.

5Business purposes

For the purposes of this Act, land may be used for a business purpose even if it is not intended to make a profit.

Chapter 2The system of local government

Note—

Schedule 1 contains provisions relating to organisations that provide services to the local government sector.

6Principal role of a council

A council is, under the system of local government established by this Act, established to provide for the government and management of its area at the local level and, in particular—
(a)
to act as a representative, informed and responsible decision-maker in the interests of its community; and
(b)
to provide and co-ordinate various public services and facilities and to develop its community and resources in a socially just and ecologically sustainable manner; and
(c)
to encourage and develop initiatives within its community for improving the quality of life of the community; and
(d)
to represent the interests of its community to the wider community; and
(e)
to exercise, perform and discharge the powers, functions and duties of local government under this and other Acts in relation to the area for which it is constituted.

7Functions of council

The functions of a council include—
(a)
to plan at the local and regional level for the development and future requirements of its area;
(b)
to provide services and facilities that benefit its area, its ratepayers and residents, and visitors to its area;
(ba)
to determine the appropriate financial contribution to be made by ratepayers to the resources of the council;
(c)
to provide for the welfare, well-being and interests of individuals and groups within its community;
(d)
to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards;
(e)
to manage, develop, protect, restore, enhance and conserve the environment in an ecologically sustainable manner, and to improve amenity;
(f)
to provide infrastructure for its community and for development within its area (including infrastructure that helps to protect any part of the local or broader community from any hazard or other event, or that assists in the management of any area);
(g)
to promote its area and to provide an attractive climate and locations for the development of business, commerce, industry and tourism;
(h)
to establish or support organisations or programs that benefit people in its area or local government generally;
(i)
to manage and, if appropriate, develop, public areas vested in, or occupied by, the council;
(j)
to manage, improve and develop resources available to the council;
(k)
to undertake other functions and activities conferred by or under an Act.

8Principles to be observed by council

A council must act to uphold and promote observance of the following principles in the performance of its roles and functions—
(a)
provide open, responsive and accountable government;
(b)
be responsive to the needs, interests and aspirations of individuals and groups within its community;
(c)
participate with other councils, and with State and national governments, in setting public policy and achieving regional, State and national objectives;
(d)
give due weight, in all its plans, policies and activities, to regional, State and national objectives and strategies concerning the economic, social, physical and environmental development and management of the community;
(e)
seek to co-ordinate with State and national government in the planning and delivery of services in which those governments have an interest;
(ea)
seek to collaborate, form partnerships and share resources with other councils and regional bodies for the purposes of delivering cost-effective services (while avoiding cost-shifting among councils), integrated planning, maintaining local representation of communities and facilitating community benefit;
(f)
seek to facilitate sustainable development and the protection of the environment and to ensure a proper balance within its community between economic, social, environmental and cultural considerations;
(g)
manage its operations and affairs in a manner that emphasises the importance of service to the community;
(h)
seek to ensure that council resources are used fairly, effectively and efficiently and council services, facilities and programs are provided effectively and efficiently;
(i)
seek to provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs;
(ia)
seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers;
(j)
achieve and maintain standards of good public administration;
(k)
ensure the sustainability of the council's long‑term financial performance and position.

Chapter 3Constitution of councilsPart 1Creation, structuring and restructuring of councilsDivision 1Powers of the Governor9Governor may act by proclamation

The Governor may, by proclamation, do one or more of the following:
(a)
constitute a new council;
(b)
amalgamate two or more councils to form a single council or two or more councils (being a lesser number than the number of councils subject to amalgamation);
(c)
define the area of a council;
(d)
alter the boundaries of a council;
(e)
give a name to, or alter the name of—
(i)
a council;
(ii)
the area of a council;
(f)
constitute a council as a municipal council or a district council, or change a municipal council to a district council or a district council to a municipal council;
(g)
divide, or redivide, the area of a council into wards, alter the division of the area of a council into wards, or abolish the division of the area of a council into wards;
(h)
give a name to, or alter the name of, a ward;
(i)
determine the composition of a council (for example, by making provision about the principal member of a council and about the number of councillors for a council and, if a council has wards, the number of councillors to represent each ward), or alter the composition of a council;
(j)
abolish a council.

10Matters that may be included in a proclamation

(1)
If the Governor by proclamation under this Part constitutes a new council, or amalgamates two or more councils to form a single council or two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations, in respect of a council that is being formed—
(a)
—
(i)
appoint the first members of the council and, if so determined, make provision for the first election of members of the council; or
(ii)
make provision for the election of the first members of the council;
(b)
provide for an alteration to the composition of the council from a date specified in the proclamation;
(c)
determine the method or methods of assessing rateable property within the area of the council;
(d)
if some or all of the area of the council has previously been within the area of a council—provide for differential rates within the area on a specified basis for a specified period in order to allow rating relativities within the area of the council to be gradually realigned;
(e)
make provision for the by-laws that are to apply in the area (or part of the area) of the council;
(f)
make provision for the appointment or selection of the first chief executive officer of the council and, as appropriate, of other officers of the council;
(g)
make, subject to the provisions of a relevant Act, award or industrial agreement, provision to protect the various rights and interests of staff.
(2)
If the Governor by proclamation under subsection (1) makes provision for the appointment or election of the members of a council, the Governor may also, by proclamation, cancel (for a particular year) the holding of periodic elections for the council.
(3)
If two or more councils are being amalgamated, the Governor may also, by proclamation, make provision for the preparation of final financial statements for the councils that are being amalgamated, and for other matters that should be finalised or resolved in connection with the amalgamation.
(4)
If two or more councils are amalgamated under this Part so as to form a single council, the assets, rights and liabilities of the councils subject to the amalgamation are, subject to any other provision made by proclamation, on the amalgamation, vested in or attached to the council formed by the amalgamation.
(5)
If three or more councils are amalgamated under this Part so as to form more than one council, the assets, rights and liabilities of the councils subject to the amalgamation are, on the amalgamation, apportioned between the councils formed by the amalgamation in such manner as is specified by proclamation.
(6)
If the Governor by proclamation under this Part alters the boundaries of two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations—
(a)
provide for differential rates within the area of a council affected by the alteration of boundaries on a specified basis in order to allow rating relativities to be gradually realigned on account of the alteration;
(b)
make any special provision that may be necessary or desirable about the by-laws that are to apply in parts of the areas affected by the alteration of the boundaries;
(c)
make provision for the transfer, apportionment, settlement or adjustment of property, assets, income, rights, liabilities or expenses as between the relevant councils.
(7)
If the Governor by proclamation under this Part provides for new or additional offices in the membership of a council, the Governor may, by the same or a subsequent proclamation or proclamations, appoint the first persons to fill those offices.
(8)
If the Governor by proclamation under this Part abolishes a council, the Governor may, by the same or a subsequent proclamation or proclamations—
(a)
declare that the property, assets, rights and liabilities of the council, as at the date of abolition, vest in, or attach to, another council or councils named in the proclamation;
(b)
make, subject to the provisions of a relevant Act, award or enterprise agreement, provision to protect the various rights and interests of staff of the council being abolished.
(9)
If the Governor does not make a declaration under subsection (8)(a) on or before the day on which the council is abolished, the assets, rights and liabilities of the council vest in, or attach to, the Crown on the abolition of the council.

11General provisions relating to proclamations

(1)
The Governor cannot make a proclamation under a preceding section of this Division except—
(a)
in pursuance of an address from both Houses of Parliament; or
(c)
in pursuance of a proposal recommended by the Minister under Part 2.
(2)
The Governor may also, by proclamation—
(a)
make provision for related or ancillary matters necessary, desirable or expedient in view of the circumstances of a particular case;
(b)
provide that during a transitional period specified in the proclamation (being a period not exceeding five years from the date of operation of the proclamation), a provision of this Act applies as varied or modified in a manner set out in the proclamation to or in respect of—
(i)
a council affected (or to be affected) by a proclamation under this Part; or
(ii)
a council constituted or formed by a proclamation under this Part;
(c)
include other provisions of a transitional nature consequent on changes being made by proclamation under this Part (including for the construction of references in instruments or documents).
(3)
The provisions of a proclamation under this Part have effect according to their terms as from the day or days fixed in the proclamation or, if no day or days are so fixed, as from the day of the publication of the proclamation.

Division 2Powers of councils and representation reviews11ANumber of members

(1)
Despite any other provision of this Chapter, a council must not be comprised of more than 13 members, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review.
(2)
Subsection (1) applies to a council from—
(a)
in the case of a council that commences a representation review in accordance with section 12 after the commencement of subsection (1) and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of subsection (1); or
(b)
in any other case—polling day for the second periodic election due to be held after the commencement of subsection (1).
(3)
A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review.

12Composition and wards

(1)
A council may, by notice in the Gazette after complying with the requirements of this section—
(a)
alter the composition of the council;
(b)
divide, or redivide, the area of the council into wards, alter the division of the area of the council into wards, or abolish the division of the area of a council into wards.
(2)
A notice under this section may also—
(a)
change the council from a municipal council to a district council, or change the council from a district council to a municipal council;
(b)
alter the name of—
(i)
the council;
(ii)
the area of the council;
(c)
give a name to, or alter the name of, a ward,
(without the need to comply with section 13).
(3)
A council must, before it publishes a notice, conduct and complete a review under this section for the purpose of determining whether its community would benefit from an alteration to its composition or ward structure.
(4)
A review may relate to a specific aspect of the composition of the council, or of the wards of the council, or may relate to those matters generally—but a council must ensure that all aspects of the composition of the council, and the issue of the division, or potential division, of the area of the council into wards, are comprehensively reviewed under this section at least once in each relevant period that is prescribed by the regulations.
(5)
A council must, in order to commence a review, initiate the preparation of a report (a representation report) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review.
(6)
The representation report must—
(a)
examine the advantages and disadvantages of various options that are available to the council under subsection (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)—
(i)
examine the question of whether the number of members should be reduced; and
(ii)
if the area of the council is divided into wards, examine the question of whether the division of the area into wards should be abolished; and
(b)
set out any proposal that the council considers should be carried into effect under this section; and
(c)
in respect of any such proposal—include an analysis of how the proposal relates to the principles under section 26(1)(c) and the matters referred to in section 33 (to the extent that may be relevant); and
(d)
examine such other relevant issues as the council or the person preparing the report thinks fit.
(7)
The council must undertake public consultation on the representation report.
(11)
The council must then finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit).
(11a)
If—
(a)
the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the member cap); or
(b)
the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap,
the report must be referred to the Electoral Commissioner.
(11b)
On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an exemption certificate), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council.
(11c)
In subsection (11b)—
exceptional circumstances means circumstances where the report does not—
(a)
examine the matters referred to in subsection (6)(a); or
(b)
set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b).
(11d)
If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal.
(11e)
If the matter is referred back to the council under subsection (11d), the council—
(a)
must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and
(b)
must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and
(c)
must then refer the report to the Electoral Commissioner under subsection (12).
(12)
The council must then refer the report to the Electoral Commissioner (and, if relevant, provide with the report a copy of an exemption certificate given to the council).
(12a)
The report must, if written submissions are received as part of public consultation undertaken under subsection (7), include copies of any written submissions that relate to the subject‑matter of the proposal.
(13)
On receipt of a report, the Electoral Commissioner must determine whether the requirements of this section have been satisfied and then—
(a)
if of the opinion that the requirements have been satisfied—give an appropriate certificate; or
(b)
if of the opinion that the requirements have not been satisfied—refer the matter back to the council together with a written explanation of the reasons for not giving a certificate under this subsection.
(14)
The validity of a determination of the Electoral Commissioner under subsection (13) cannot be called into question.
(15)
If a certificate is given by the Electoral Commissioner under subsection (13)(a)—
(a)
the Electoral Commissioner must specify in the certificate a day by which an appropriate notice (or notices) for the purposes of this section must be published by the council in the Gazette; and
(b)
the council may then, by notice (or notices) in the Gazette, provide for the operation of any proposal under this section that it has recommended in its report.
(16)
If the matter is referred back to the council under subsection (13)(b), the council—
(a)
must take such action as is appropriate in the circumstances (and may, as it thinks fit, alter its report); and
(b)
may then refer the report back to the Electoral Commissioner.
(17)
However, a council must, if it makes an alteration to its report under subsection (16)(a), comply with the requirements of subsection (7) (as if the report (as altered) constituted a new report), unless the council determines that the alteration is of a minor nature only.
(18)
A proposal under this section takes effect as follows:
(a)
if the day of publication of the relevant notice under subsection (15) occurs before 1 January of the year in which a periodic election is next due to be held then, unless paragraph (c) applies, the proposal will take effect as from polling day for that periodic election;

(b)
if the day of publication of the relevant notice under subsection (15) occurs on or after 1 January of a year in which a periodic election is due to be held (and before polling day for that periodic election) then, unless paragraph (c) applies, the proposal will take effect as from polling day for the periodic election next following the periodic election held in the year of publication;
(c)
if a general election (not being a periodic election) is held after the expiration of 7 months from the day of publication of the relevant notice under subsection (15) (and before polling day for the next periodic election after publication) then the proposal will take effect from polling day for that general election.
(19)
If a council—
(a)
subject to subsection (22), fails to undertake a review in accordance with the requirements of this section; or
(b)
fails to take appropriate action if a matter is referred back to the council under subsection (11d) or (13)(b); or
(c)
fails to publish an appropriate notice in the Gazette by the day specified by the Electoral Commissioner in a certificate under this section,
the chief executive officer must refer the matter to the Electoral Commissioner.
Maximum penalty: $2 500.
(20)
On the referral of a matter under subsection (19), the Electoral Commissioner may take such action as, in the circumstances of the particular case, appears appropriate to the Electoral Commissioner and may then, by notice in the Gazette, give effect to a proposal that could have been carried into effect by the council under this section.
(21)
The Electoral Commissioner may recover from councils costs reasonably incurred by the Electoral Commissioner in performing his or her functions under this section.
(22)
The Minister may exempt a council from the requirement to hold a review under this section on the basis that relevant issues have already been addressed by a proposal under this Chapter.
(23)
An exemption under subsection (22) may be granted on conditions determined by the Minister, including a condition that the council carry out a review under this section by a date specified by the Minister.
(24)
If—
(a)
the area of a council is divided into wards; and
(b)
the Electoral Commissioner notifies the council in writing that the number of electors represented by a councillor for a ward varies from the ward quota by more than 20 per cent,
then the council must undertake a review under this section within a period specified by the Electoral Commissioner.
(25)
For the purposes of subsection (24)—
(a)
if two or more councillors represent a ward, the number of electors represented by each councillor will be taken to be the number of electors for the ward (as at a date determined by the Electoral Commissioner) divided by the number of councillors who represent the ward (ignoring any fractions resulting from the division); and
(b)
the ward quota is the number of electors for the area (as at a date determined by the Electoral Commissioner) divided by the number of councillors for the area of the council who represent wards (ignoring any fractions resulting from the division).

13Status of a council or change of various names

(1)
A council may, by notice in the Gazette, after complying with the requirements of this section—
(a)
change the council from a municipal council to a district council, or change the council from a district council to a municipal council;
(b)
alter the name of—
(i)
the council;
(ii)
the area of the council;
(c)
alter the name of a ward.
(2)
A council must, before it publishes a notice, comply with the following requirements:
(a)
the council must give public notice of the proposal;
(b)
the notice must contain an invitation to interested persons to make written submissions to the council on the matter within a period specified by the council (being a period of at least 6 weeks);
(ba)
publish a copy of the notice in a newspaper circulating within its area;
(c)
the council must give any person who makes written submissions in response to an invitation under this section an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.
(3)
A notice published by a council under this section has effect from the date or dates fixed in the notice or, if no date or dates are so fixed, as from the date of the publication of the notice.

Part 2Reform proposalsDivision 3Principles26Principles

(1)
The South Australian Local Government Boundaries Commission should, in arriving at recommendations for the purposes of this Chapter (but taking into account the nature of the proposal under consideration), have regard to—
(a)
the objects of this Act; and
(b)
the roles, functions and objectives of councils under this Act; and
(c)
the following principles:
(i)
the resources available to local communities should be used as economically as possible while recognising the desirability of avoiding significant divisions within a community;
(ii)
proposed changes should, wherever practicable, benefit ratepayers;
(iii)
a council should have a sufficient resource base to fulfil its functions fairly, effectively and efficiently;
(iv)
a council should offer its community a reasonable range of services delivered on an efficient, flexible, equitable and responsive basis;
(v)
a council should facilitate effective planning and development within an area, and be constituted with respect to an area that can be promoted on a coherent basis;
(vi)
a council should be in a position to facilitate sustainable development, the protection of the environment and the integration of land use schemes;
(vii)
a council should reflect communities of interest of an economic, recreational, social, regional or other kind, and be consistent with community structures, values, expectations and aspirations;
(viii)
a council area should incorporate or promote an accessible centre (or centres) for local administration and services;
(ix)
the importance within the scheme of local government to ensure that local communities within large council areas can participate effectively in decisions about local matters;
(xi)
residents should receive adequate and fair representation within the local government system, while over-representation in comparison with councils of a similar size and type should be avoided (at least in the longer term);
(xii)
a scheme that provides for the performance of functions and delivery of services in relation to 2 or more councils (for example, a scheme for regional governance) may improve councils' capacity to deliver services on a regional basis and therefore offer a viable and appropriate alternative to structural change; and
(d)
the extent and frequency of previous changes affecting the council or councils under this Chapter or the repealed Act.
(2)
The Commission should, so far as is relevant, give preference to structural changes that enhance the capacity of local government to play a significant role in the future of an area or region from a strategic perspective.

Division 4Procedures for proposals27Preliminary

(1)
In this Division—
administrative proposal—see section 30(7);
eligible elector, in relation to a proposal, is—
(a)
in the case of a proposal to alter the boundaries of 2 or more councils to incorporate land within the area of a council into the area of another council (a receiving council)—an elector in respect of a place of residence or rateable property within the area of a receiving council, or within the area that would be so incorporated; or
(b)
in the case of a proposal that relates to the composition of a council or the issue of wards within the area of a council—an elector in respect of a place of residence or rateable property within the area of the council; or
(c)
in the case of a proposal to incorporate within the area of a council a part of the State that is not within the area of a council (the outside area)—a person, body corporate or group within the outside area who or which would, if the proposal were to proceed, be an elector in respect of a place of residence or rateable property within the area that would be so incorporated;
general proposal means a proposal for the making of a proclamation under this Chapter, other than an administrative proposal;
proposal includes an administrative proposal or a general proposal;
proposal guidelines—see subsection (2).
(2)
The Commission must prepare and publish on a website determined by the Commission guidelines (proposal guidelines) for the purposes of this Division.
(3)
Without limiting subsection (2), the proposal guidelines—
(a)
must set out procedures for inquiries under this Division; and
(b)
must specify requirements relating to consultation that must be undertaken for the purposes of inquiries under this Division, including consultation with the community, councils affected by proposals and entities that represent the interests of council employees affected by proposals; and
(c)
must set out procedures relating to the determination by the Commission of the reasonable costs of an inquiry for the purposes of section 32B; and
(d)
may provide for any other matter the Commission thinks appropriate.
(4)
A provision of the proposal guidelines may be of general, limited or varied application according to—
(a)
the kind of proposal or inquiry; or
(b)
any other specified factor,
to which the provision is expressed to apply.

28Commission to receive proposals

(1)
Subject to this section, a proposal for the making of a proclamation under this Chapter may be referred to the Commission—
(a)
by resolution of either House of Parliament; or
(b)
by the Minister; or
(c)
by a council or councils; or
(d)
by the prescribed percentage or number of eligible electors.
(2)
A proposal referred under subsection (1)(d) by the prescribed percentage or number of eligible electors may only relate to—
(a)
the alteration of council boundaries to incorporate land within the area of a council into the area of another council; or
(b)
the composition of a council or its representative structure; or
(c)
the incorporation within the area of a council a part of the State that is not within the area of a council.
(3)
A proposal under this section must—
(a)
set out in general terms the nature of the proposal; and
(b)
comply with any requirements of the proposal guidelines.

29Commission to deal with proposals

(1)
The Commission must, in accordance with the proposal guidelines, assess a proposal and determine whether—
(a)
to inquire into the proposal in accordance with subsection (2); or
(b)
to refuse to inquire into the proposal in accordance with subsection (3).
(2)
If the Commission determines to inquire into a proposal, the following provisions apply:
(a)
if the proposal is an administrative proposal, the Commission must inquire into the administrative proposal in accordance with section 30;
(b)
if the proposal is a general proposal, the Commission must inquire into the general proposal in accordance with section 31.
(3)
The Commission may refuse to inquire into a proposal if the Commission considers that—
(a)
the proposal is vexatious, frivolous or trivial; or
(b)
it is not in the public interest to inquire into the proposal; or
(c)
the proposal is the same as or substantially similar to a proposal that has already been inquired into; or
(d)
there is some other good reason to refuse to inquire into the proposal.
(4)
For the purposes of this Division—
(a)
an inquiry may relate to 1 or more proposals before the Commission; and
(b)
a proposal received by the Commission after the commencement of an inquiry may be dealt with at the inquiry, if the Commission determines it appropriate to do so.

30Inquiries – administrative proposals

(1)
An inquiry under this section into an administrative proposal will be conducted by the Commission according to such procedures as the Commission thinks fit, provided that a reasonable amount of community consultation is conducted in accordance with the proposal guidelines.
(2)
Despite subsection (1), the Commission may determine not to conduct community consultation in relation to a particular administrative proposal if the Commission considers it unnecessary to do so.
(3)
After conducting an inquiry into an administrative proposal, the Commission must consult with the Minister on the matter (including on any recommendations that the Commission proposes to make in relation to the administrative proposal).
(4)
After consulting with the Minister under subsection (3), the Commission must—
(a)
prepare and publish on a website determined by the Commission a report on the administrative proposal that includes the Commission's recommendations as to the administrative proposal (subject to any redactions or limitations that the Commission considers necessary to prevent the disclosure of confidential or commercially sensitive information); and
(b)
provide a copy of the report to the Minister.
(5)
To avoid doubt, if the Commission determines to recommend an administrative proposal in a report under subsection (4), the administrative proposal recommended may involve such variations as the Commission thinks fit to the administrative proposal referred to the Commission under this Division.
(6)
The Minister may, in relation to an administrative proposal set out in a report under subsection (4), determine that—
(a)
the administrative proposal proceed and forward it to the Governor with a recommendation that a proclamation be made under this Chapter in relation to the administrative proposal; or
(b)
the administrative proposal not proceed.
(7)
In this section—
administrative proposal means a proposal—
(a)
relating to the alteration of a boundary that is shared by 2 or more councils—
(i)
to facilitate a development that has been granted a development authorisation (within the meaning of the Planning, Development and Infrastructure Act 2016); or
(ii)
to correct an anomaly that is, in the opinion of the Commission, generally recognised; or
(b)
in the case of a boundary shared by 2 or more councils that falls along a road—relating to the alteration of the boundary following the realignment of the road; or
(c)
relating to the alteration of a boundary to incorporate within the area of a council vacant land in a part of the State that is not within the area of a council; or
(d)
of a kind prescribed by the regulations.

31Inquiries – general proposals

(1)
The Commission—
(a)
in the case of an inquiry under this section into a general proposal—
(i)
referred by resolution of either House of Parliament or by the Minister; or
(ii)
of a prescribed kind,
must appoint 1 or more investigators to conduct the inquiry; or
(b)
in any other case—may appoint 1 or more investigators to conduct the inquiry.
(2)
In appointing investigators to conduct inquiries under this section, the Commission must seek to ensure, as far as is reasonably practicable, that—
(a)
the qualifications, knowledge, expertise and experience of a particular investigator are relevant to the inquiry for which the investigator is being appointed; and
(b)
councils affected by a proposal the subject of an inquiry are consulted on proposed appointments.
(3)
An inquiry into a general proposal under this section—
(a)
must be conducted in accordance with the proposal guidelines; and
(b)
must consider (in addition to the principles set out in section 26)—
(i)
the financial implications and impact on resources that the general proposal is likely to have on any council affected by the general proposal; and
(ii)
the extent of support for the general proposal (in particular) and boundary reform in the area (in a general sense) within the community affected by the general proposal; and
(iii)
the extent of support for the general proposal of any council affected by the general proposal; and
(iv)
the impact on the various rights and interests of any council employees affected by the general proposal; and
(v)
any other principles prescribed by the regulations.
(4)
An investigator appointed to conduct an inquiry under this section must—
(a)
comply with any directions or requirements of the Commission relating to the inquiry; and
(b)
at the conclusion of the inquiry, provide a report on the inquiry to the Commission.
(5)
The Commission must—
(a)
after conducting an inquiry to which this section applies; or
(b)
receiving a report under subsection (4),
prepare and publish on a website determined by the Commission a report on the matter that includes the Commission's recommendations as to the general proposal (subject to any redactions or limitations that the Commission considers necessary to prevent the disclosure of confidential or commercially sensitive information) and provide a copy of the report to the Minister.
(6)
To avoid doubt, if the Commission determines to recommend a general proposal in a report under this section, the general proposal recommended may involve such variations as the Commission thinks fit to the general proposal referred to the Commission under this Division.
(7)
The Commission may include in a report published under this section recommendations relating to the delivery of services on a regional basis by councils as an alternative to structural change, or any other recommendation the Commission considers appropriate.
(8)
The Minister may, on receipt of a report, request that the Commission make specified amendments to the report (including to recommendations in the report).
(9)
On receipt of a request under subsection (8)—
(a)
the Commission may make such amendments (if any) as the Commission considers appropriate; and
(b)
if the Commission makes amendments, the Commission must—
(i)
publish an amended report on a website determined by the Commission; and
(ii)
provide a copy of the amended report to the Minister.
(10)
The Minister may, in relation to a general proposal set out in a report of the Commission under subsection (5) or subsection (9)—
(a)
determine that the general proposal proceed and forward it to the Governor with a recommendation that a proclamation be made under this Chapter in relation to the general proposal; or
(b)
determine that the general proposal not proceed; or
(c)
in the case of a general proposal referred to the Commission by a council that the Commission has recommended in the report not proceed—at the request of 1 or more councils, consult with the relevant councils about the matter.
(11)
After consultation in accordance with subsection (10)(c), the Minister may—
(a)
if the Minister determines that it is appropriate to make a recommendation to the Governor in the circumstances of the particular case, forward the general proposal to the Governor with a recommendation that a proclamation be made under this Chapter in relation to the general proposal; or
(b)
in any other case—determine that the general proposal not proceed.

32Notification of outcome of inquiries

(1)
After completion of all relevant procedures in relation to an inquiry under section 30 or 31, the Commission must give public notice of, and notify the following persons or bodies of, the Minister's determination in relation to the proposal:
(a)
the person or body who referred the proposal to the Commission;
(b)
any council affected by the proposal;
(c)
any registered industrial association (within the meaning of section 108) that represents the interests of employees of councils.
(2)
In addition, if a general proposal recommended by the Commission under section 31 does not proceed to a proclamation after completion of all relevant procedures under that section, the Minister must prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

32APowers relating to inquiries

(1)
The Commission or an investigator conducting an inquiry under this Division may, in connection with the inquiry—
(a)
by summons signed by the Commission or investigator (as the case requires), require a person's attendance; and
(b)
require a person to answer, orally or in writing, questions to the best of his or her knowledge, information and belief; and
(c)
require a person to verify an answer under paragraph (b) by declaration; and
(d)
require a council or person to produce any relevant documents or other records; and
(e)
retain documents or other records produced under paragraph (d) for reasonable periods and make copies of them or their contents; and

(f)
call for or receive submissions or representations.
(2)
Subject to subsection (3), a person or council must not refuse or fail to comply with a requirement under subsection (1).
Maximum penalty: $10 000.
(3)
A person is not obliged to comply with a requirement under subsection (1) if to do so might incriminate the person of an offence, and a person or a council is not required to provide information under subsection (1) that is privileged on the ground of legal professional privilege.

32BCosts

The Commission may recover reasonable costs incurred in respect of an inquiry in relation to a general proposal referred to the Commission by a council or councils under this Division as a debt due from the council or councils.

32CInquiries – independence of Commission etc

(1)
Except as provided by this Division, the Commission or an investigator appointed by the Commission is not subject to Ministerial direction in relation to an inquiry or a recommendation or report under this Division.
(2)
Sections 16 to 18 of the South Australian Local Government Grants Commission Act 1992 do not apply to or in relation to an inquiry conducted or recommendation made under this Division.

Part 3General provisions33Ward quotas

(1)
In addition to the other requirements of this Chapter, the following matters must be taken into account, as far as practicable, in the formulation of a proposal that relates to the boundaries of a ward or wards:
(a)
the desirability of reflecting communities of interest of an economic, social, regional or other kind;
(b)
the population of the area, and of each ward affected or envisaged by the proposal;
(c)
the topography of the area, and of each ward affected or envisaged by the proposal;
(d)
the feasibility of communication between electors affected by the proposal and their elected representatives;
(e)
the nature of substantial demographic changes that may occur in the foreseeable future;
(f)
the need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type (at least in the longer term).
(2)
A proposal that relates to the formation or alteration of wards of a council must also observe the principle that the number of electors represented by a councillor must not, as at the relevant date (assuming that the proposal were in operation), vary from the ward quota by more than 10 per cent.
(2a)
For the purposes of subsection (2)—
(a)
if it is proposed that two or more councillors represent a particular ward, the number of electors represented by each councillor will be taken to be the number of electors for the ward (as at the relevant date) divided by the number of proposed councillors for the ward (ignoring any fractions resulting from the division); and
(b)
the ward quota will be taken to be the number of electors for the area (as at the relevant date) divided by the number of councillors for the area who represent wards (assuming that the proposal were in operation and ignoring any fractions resulting from the division); and
(c)
the relevant date, in relation to a proposal that relates to the formation or alteration of wards of the council, will be taken to be the date on which the proposal is finalised for the purposes of this Chapter.
(3)
The 10 per cent tolerance referred to in subsection (2) may be exceeded if, on the basis of demographic changes predicted by a Commonwealth or State government agency, it appears that the ward quota will not, as at the next periodic elections, be exceeded by more than 10 per cent (the relevant date in this case being the date of the next periodic elections).
(4)
If under the repealed Act a proposal relating to the formation or alteration of wards did not comply with the corresponding provisions to subsections (2) and (3) and the relevant proposal proceeded (either in its original or an amended form) then, unless otherwise determined by proclamation, the relevant council (or each relevant council) must conduct (and complete) a review of its composition and wards under Part 1 so as to enable appropriate changes in the composition and wards of the council to take effect on or before the date of the second general election of the council after the proposal took effect or, if an earlier date has been fixed by proclamation, on or before that date.

34Error or deficiency in address, recommendation, notice or proclamation

(1)
If, in the opinion of the Governor, there is an error or deficiency in an address from both Houses of Parliament, in a recommendation of the Minister, or in a report of the Commission, the Governor may, by proclamation, correct the error or supply the deficiency.
(2)
The power conferred by subsection (1) may be exercised notwithstanding that a proclamation has been made under this Chapter on the basis of the address or report.
(3)
If, in the opinion of the Governor, there is an error or deficiency in a proclamation under this Chapter, the Governor may, by subsequent proclamation, correct the error or supply the deficiency.
(4)
The Governor may, by proclamation, correct an error or deficiency in a notice of a council under this Chapter if requested to do so by the council.
(5)
A proclamation under this section will, if it so provides, be taken to have had effect as from the making of the address, report, proclamation or notice to which it relates.

Chapter 4The council as a body corporatePart 1Fundamental featuresDivision 1Council to be a body corporate35Corporate status

(1)
A council is a body corporate with perpetual succession and a common seal.
(2)
A council bears the name assigned to it under this Act.
(3)
A council consists of the members appointed or elected to the council in accordance with this Act or the Local Government (Elections) Act 1999.

36General powers and capacities

(1)
A council—
(a)
has the legal capacity of a natural person and, in particular—
(i)
may enter into any kind of contract or arrangement; and
(ii)
may sue and be sued; and
(iii)
may act in conjunction with another council or authority, or a person; and
(b)
has the other powers and capacities conferred by or under this or another Act; and
(c)
has the power to do anything necessary, expedient or incidental to performing or discharging its functions or duties or to achieving its objectives.
(2)
A council may act outside its area—
(a)
to the extent considered by the council to be necessary or expedient to the performance of its functions; or
(b)
in order to provide services to an unincorporated area of the State.
(3)
A council should, in the arrangement of its affairs, take reasonable steps to separate its regulatory activities from its other activities.
(4)
A council must not do anything inconsistent with a law of the State or Commonwealth.

37Provision relating to contracts and transactions

A council contracts as follows—
(a)
a contract may be entered into under the common seal of the council; or
(b)
a contract may be entered into by an officer, employee or agent authorised by the council to enter into the contract on its behalf.

38The common seal

(1)
The common seal of a council must not be affixed to a document except to give effect to a resolution of the council.
(2)
The affixation of the common seal must be attested by the principal member of the council and the chief executive officer.
(3)
An apparently genuine document purporting to bear the common seal of a council and the signatures of the principal member of the council and the chief executive officer attesting the affixation of the seal will, in the absence of proof to the contrary, be taken to have been duly executed by the council.

39Protection of members

(1)
No civil liability attaches to a member of a council for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member's or council's powers, functions or duties under this or other Acts.
(2)
A liability that would, but for this section, attach to a member of a council attaches instead to the council.

40Saving provision

No act or proceeding of a council is invalid by reason of—
(a)
a vacancy or vacancies in the membership of the council; or
(b)
a defect in the election or appointment of a member or members of the council; or
(c)
the fact that the election of a member or members of the council is subsequently declared void by a court of competent jurisdiction.

Division 2Committees41Committees

(1)
A council may establish committees.
(2)
A committee may, according to a determination of the council (and subject to the operation of this Act), be established—
(a)
to assist the council in the performance of its functions;
Examples—
1To carry out a project on behalf of the council.
2To manage or administer property, facilities or activities on behalf of the council.
3To oversee works on behalf of the council.
(b)
to inquire into and report to the council on matters within the ambit of the council's responsibilities;
(c)
to provide advice to the council;
(d)
to exercise, perform or discharge delegated powers, functions or duties.
(3)
The membership of a committee will be determined by the council and may consist of, or include, persons who are not members of the council.
(4)
The council must appoint a person as the presiding member of a committee, or make provision for the appointment of a presiding member.
(5)
A member of a committee holds office at the pleasure of the council.
(6)
The council may appoint the principal member of the council as an ex officio member of a committee (but in such a case the principal member will not be taken to be included in the membership of the committee unless actually present at a meeting of the committee).
(7)
A committee may establish a subcommittee to assist it in a matter.
(8)
A council must, when establishing a committee, determine the reporting and other accountability requirements that are to apply in relation to the committee.
(9)
A committee that is performing a regulatory activity of the council must report to the council on its activities at least quarterly.
(10)
The establishment of a committee does not derogate from the power of the council to act in a matter.
(11)
No act or proceeding of a council committee is invalid by reason of—
(a)
a vacancy or vacancies in the membership of the committee; or
(b)
a defect in the election or appointment of a member or members of the committee; or
(c)
the fact that the election of a member or members of the committee is subsequently declared void by a court of competent jurisdiction.
(12)
No civil liability attaches to a member of a committee for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member's or committee's powers, functions or duties.
(13)
A liability that would, but for subsection (12), attach to a member of a committee attaches instead to the council.

Division 3Subsidiaries42Ability of council to establish a subsidiary

(1)
A council may establish a subsidiary—
(a)
to provide a specified service or services; or
(b)
to manage or administer property, facilities or activities on behalf of the council; or
(c)
to perform a function of the council under this or another Act.
(2)
A council cannot establish a subsidiary under this section if the primary purpose of the subsidiary would be to perform a regulatory activity of the council.
(3)
The establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.
(4)
The establishment of a subsidiary does not derogate from the power of the council to act in a matter.
Note—
Schedule 2 contains other provisions relevant to a subsidiary established by a council under this section.

43Ability of councils to establish a regional subsidiary

(1)
Two or more councils (the constituent councils) may establish a regional subsidiary—
1. (a)
  to provide a specified service or services or to carry out a specified activity or activities; or
2. (b)
  to perform a function of the councils under this or another Act.
(2)
If a regional subsidiary is established to perform a regulatory activity of the constituent councils, the subsidiary cannot also perform a significant and related service activity.
Note—
A service activity is related to a regulatory activity if the service is one that is regulated under the regulatory activity.
(3)
The establishment of a regional subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.
(4)
The establishment of a regional subsidiary does not derogate from the power of a constituent council to act in a matter.

Note—
Schedule 2 contains other provisions relevant to a regional subsidiary established by two or more councils under this section.

Division 4Delegations44Delegations

(1)
A council may delegate a power or function vested or conferred under this or another Act.
(2)
A delegation may be made—
(a)
to a council committee; or
(b)
to a subsidiary of the council; or
(ba)
to a joint planning board established under a planning agreement to which the council is a party; or
(c)
to an employee of the council; or
(d)
to the employee of the council for the time being occupying a particular office or position; or
(e)
to an authorised person.
(3)
However, a council may not delegate—
(a)
power to make a by‑law or to determine that a by‑law applies only within a part or parts of the area of the council;
(b)
power to declare rates or a charge with the character of a rate;
(c)
power to borrow money or to obtain other forms of financial accommodation;
(d)
power to adopt or revise a strategic management plan of the council;
(da)
power to adopt or revise an annual business plan or budget of the council;
(e)
power to approve expenditure of money on works, services or operations of the council not contained in a budget adopted by the council;
(g)
power to approve payment or reimbursement of expenses that may be paid at the discretion of the council and for which the council has not adopted a formal policy or made specific financial provision;
(h)
power to establish a subsidiary, or to participate in the establishment of a regional subsidiary;
(i)
power to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister, being an application, recommendation, report or notice for which provision is made by or under this or another Act;
(j)
power to fix, vary or revoke a fee under section 188(1)(d) to (h);
(ja)
the power to revoke the classification of land as community land under section 194;
(k)
a power or function excluded from delegation by the regulations.
(3a)
A council must not delegate—
(a)
the power to enter into, or to vary or terminate, a building upgrade agreement on behalf of the council; or
(b)
the power to declare and levy a building upgrade charge under a building upgrade agreement,
except to the chief executive officer and, despite subsection (4)(b), the chief executive officer cannot subdelegate these powers.
(4)
A delegation—
(a)
is subject to conditions and limitations determined by the council or specified by the regulations; and
(b)
if made to the chief executive officer authorises the subdelegation of the delegated power or function unless the council directs otherwise and if made to anyone else authorises the subdelegation of the delegated power or function with the approval of the council; and
(c)
is revocable at will and does not prevent the council from acting in a matter.
(5)
If a power or function is delegated to an employee of the council, the employee is responsible to the chief executive officer for the efficient and effective exercise or performance of that power or function.
(6)
The council must cause a separate record to be kept of all delegations under this section.
(6a)
The council may at any time, and must within 12 months after the conclusion of each periodic election, review the delegations for the time being in force under this section.
(9)
This section does not limit or affect a power of delegation under another Act.

Division 5Principal office45Principal office

(1)
A council must nominate a place as its principal office for the purposes of this Act.
(2)
Subject to subsection (3), the principal office of a council must be open to the public for the transaction of business during hours determined by the council.
(3)
A council should consult with its local community in accordance with its public consultation policy about the manner, places and times at which its offices will be open to the public for the transaction of business, and about any significant changes to these arrangements.

Part 2Commercial activities and restrictions46Commercial activities

(1)
A council may in the performance of its functions and subject to this Act engage in a commercial activity or enterprise (a commercial project).
(2)
A council may, in connection with a commercial project—
(a)
establish a business;
(b)
participate in a joint venture, trust, partnership or other similar body.

47Interests in companies

(1)
A council must not—
(a)
participate in the formation of a company; or
(b)
acquire shares in a company.
(2)
However, subsection (1) does not—
(a)
limit the investment of money under this Act; or
(b)
limit the ability of a council to participate in the formation of, or to become a member of, a company limited by guarantee established as a national association to promote and advance the interests of an industry in which local government has an interest.

Part 3Prudential requirements for certain activities48Prudential requirements for certain activities

(aa1)
A council must develop and maintain prudential management policies, practices and procedures for the assessment of projects to ensure that the council—
(a)
acts with due care, diligence and foresight; and
(b)
identifies and manages risks associated with a project; and
(c)
makes informed decisions; and
(d)
is accountable for the use of council and other public resources.
(a1)
The prudential management policies, practices and procedures developed by the council for the purposes of subsection (aa1) must be consistent with any regulations made for the purposes of this section.
(1)
Without limiting subsection (aa1), a council must obtain and consider a report that addresses the prudential issues set out in subsection (2) before the council—
(b)
engages in any project (whether commercial or otherwise and including through a subsidiary or participation in a joint venture, trust, partnership or other similar body)—
(i)
where the expected operating expenses calculated on an accrual basis of the council over the ensuing five years is likely to exceed 20 per cent of the council's average annual operating expenses over the previous five financial years (as shown in the council's financial statements); or
(ii)
where the expected capital cost of the project over the ensuing five years is likely to exceed $4 000 000 (indexed); or
(iii)
where the council considers that it is necessary or appropriate.
(2)
The following are prudential issues for the purposes of subsection (1):
(a)
the relationship between the project and relevant strategic management plans;
(b)
the objectives of the Development Plan in the area where the project is to occur;
(c)
the expected contribution of the project to the economic development of the local area, the impact that the project may have on businesses carried on in the proximity and, if appropriate, how the project should be established in a way that ensures fair competition in the market place;
(d)
the level of consultation with the local community, including contact with persons who may be affected by the project and the representations that have been made by them, and the means by which the community can influence or contribute to the project or its outcomes;
(e)
if the project is intended to produce revenue, revenue projections and potential financial risks;
(f)
the recurrent and whole-of-life costs associated with the project including any costs arising out of proposed financial arrangements;
(g)
the financial viability of the project, and the short and longer term estimated net effect of the project on the financial position of the council;

(2)
To avoid doubt—
(a)
any roll prepared under Schedule 1 of the City of Adelaide Act 1998 will, until revised, have effect under the Local Government (Elections) Act 1999; and
(b)
any application or other process made, commenced or dealt with under the City of Adelaide Act 1998 will (if relevant) have effect for the purposes of the Local Government (Elections) Act 1999.

6—Review of council structures

(1)
If a council has, before the commencement of this clause, commenced a review under section 12 of the Local Government Act 1999 by the publication of a notice under subsection (5) of that section (as in existence before the amendment of that section by this Act), the council may continue with the process as set out in that section as if it had not been amended until an appropriate certificate is obtained from the Electoral Commissioner under that section.
(2)
However, if—
(a)
a proposal within the ambit of subclause (1) proposes that the composition of the relevant council be altered so that—
(i)
the council will have a chairperson rather than a mayor; or
(ii)
the council will have a mayor rather than a chairperson; and
(b)
the council has not, before the commencement of this clause, referred its report on the proposal to the Electoral Commissioner under section 12(12) of the Local Government Act 1999,
the proposal cannot proceed unless or until it is approved at a poll in the manner contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act.
(3)
A proposal within the ambit of subclause (1) will then take effect in accordance with section 12(11b) and (18) of the Local Government Act 1999 as enacted by this Act.

7—Change to principal member

(1)
In addition to the operation of clause 6, if, at the time of the commencement of this clause—
(a)
—
(i)
a council is undertaking a review of its composition under section 12 of the Local Government Act 1999 and has referred its report on its proposal or proposals to the Electoral Commissioner under subsection (12) of that section; and
(ii)
a proposal is that the composition of the council be altered so that—
(A)
the council will have a chairperson rather than a mayor; or
(B)
the council will have a mayor rather than a chairperson; or
(b)
—
(i)
a council has completed a review under section 12 of the Local Government Act 1999; and
(ii)
a proposal arising from the review is that the composition of the council be altered so that—
(A)
the council will have a chairperson rather than a mayor; or
(B)
the council will have a mayor rather than a chairperson; and
(iii)
the composition of the council is to be altered as from the next general election of members of the council,
then despite the operation of section 12 of the Local Government Act 1999 (and anything that would otherwise take effect if it were not for the operation of this provision), the proposal cannot take effect unless or until it is approved at a poll of electors for the relevant area as if it were a proposal within the ambit of clause 6(2) (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act).
(2)
A proposal that is approved under subclause (1) will then have effect in accordance with a determination of the Electoral Commissioner under this clause.

8—Special provision—LGFA

(1)
In this clause—
representative member of the LGFA Board means a representative member of the Board of the Local Government Finance Authority of South Australia.
(2)
The Governor may, by proclamation—
(a)
extend the term of office of a person who, immediately before the date of the proclamation, is a representative member of the LGFA Board to a date fixed by the proclamation;
(b)
fix the term of office of a person who is to be elected or appointed (including by virtue of being re-elected or re-appointed) as a representative member of the LGFA Board to fill an office that will become vacant on the date fixed under paragraph (a).
(3)
A proclamation under this clause has effect despite section 8(1) of the Local Government Finance Authority Act 1983.

9—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this clause), apply to any amendment or repeal effected by this Act.

Local Government (Lochiel Park Lands) Amendment Act 2005, Sch 1—Amendment of Development Plan

1—Interpretation

In this Schedule—
Development Plan means the Development Plan under the Development Act 1993 that relates to Campbelltown (City), as consolidated on 10 March 2005.

2—Amendment of Development Plan

The Development Plan is amended in the following manner:
(a)
page 59, under the heading "Campbelltown Desired Future Character Statement", fourth paragraph—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the Local Government Act 1999,
(b)
Concept Plan Figure R/1—delete Concept Plan Figure R/1 and substitute:

(c)
page 63, under the heading "Lochiel Park", principle number 5—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the Local Government Act 1999,

Local Government (Superannuation Scheme) Amendment Act 2008, Sch 1—Transitional provisions (as amended by Local Government (Superannuation Scheme) (Merger) Amendment Act 2012, s 3)

1—Interpretation

In this Schedule, unless the contrary intention appears—
asset includes—
(a)
a present, contingent or future legal or equitable estate or interest in real or personal property; or
(b)
a present, contingent or future right, power, privilege or immunity;
Board means the Local Government Superannuation Board;
company means the company to be established by the Board in accordance with clause 4;
council means a council constituted under the relevant Act;
liability includes a present, contingent or future liability or obligation;
new scheme means the Local Government Superannuation Scheme continued in existence under the trust deed prepared by the Board in accordance with clause 3 (but a reference in this Schedule to the new scheme does not apply in relation to the Local Government Superannuation Scheme insofar as it is continued in existence following any merger of the scheme with another superannuation scheme as contemplated by clause 2(1)(b));
old scheme means the Local Government Superannuation Scheme under the relevant Act before the relevant day;
participating employer—a council or other authority or body is a participating employer for the purposes of the Local Government Superannuation Scheme if employees or former employees of the council, authority or body are members of the scheme;
relevant Act means the Local Government Act 1999;
relevant day means the day on which section 4 of this Act comes into operation;
successor fund, in relation to a transfer of benefits of a member from a superannuation fund (the original fund), means a superannuation fund that satisfies the following conditions:
(a)
the fund confers on the member equivalent rights to the rights that the member had under the original fund in respect of the benefits;
(b)
before the transfer, the trustee of the fund has agreed with the trustee of the original fund that the fund will confer on the member equivalent rights to the rights that the member had under the original fund in respect of the benefits;
superannuation fund means a fund that is, under section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, a complying superannuation fund for the purposes of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the Commonwealth;
trust deed means the trust deed to be prepared by the Board in accordance with clause 3.
2—Continuation of Local Government Superannuation Scheme
(1)
The scheme known as the Local Government Superannuation Scheme is to continue in existence under—
(a)
the trust deed prepared by the Board in accordance with clause 3; or
(b)
another trust deed as part of a superannuation fund following a merger of the scheme (or a subsequent merger of the scheme) with another superannuation scheme pursuant to a transfer of the benefits of the members of the scheme to a successor fund.
(2)
A council or other authority or body that is a participating employer for the purposes of the old scheme immediately before the relevant day is to be a participating employer for the purposes of the new scheme and will be taken to be a signatory to the trust deed.
(3)
A council or other authority or body that is within the ambit of subclause (2) must remain as a participating employer for the purposes of the new scheme for a period of at least 3 years following the commencement of the trust deed.
(4)
Subclause (3) does not derogate—
(a)
from the operation of clause 5(5); or
(b)
from the operation of any other provision of this Schedule or of the trust deed.
(5)
If there is a merger of the new scheme with another superannuation scheme as contemplated by clause 2(1)(b), a council or other authority or body that is a participating employer for the purposes of the new scheme immediately before the merger occurs will be taken to be a signatory to the trust deed under which the Local Government Superannuation Scheme continues in existence following the merger.
(6)
If, following a merger of the new scheme with another superannuation scheme, there is a subsequent merger of the scheme with another superannuation scheme, a council or other authority or body that is, immediately before the merger, a participating employer for the purposes of the successor fund to which member benefits were transferred under the previous merger will be taken to be a signatory to the trust deed under which the fund is continued following the subsequent merger.
(7)
A participating employer that is taken under subclause (5) or (6) to be a signatory to a trust deed cannot be required under the deed to remain as a participating employer for the purposes of the scheme except in relation to an employee who is continuing to accrue new service benefits under the scheme.

3—Making and commencement of trust deed

(1)
A trust deed is to be prepared by the Board for the purposes of continuing the Local Government Superannuation Scheme.
(2)
The trust deed will commence on a day specified by the Treasurer by notice in the Gazette.
(3)
The Treasurer may not issue a notice under subclause (2) until he or she is satisfied—
(a)
that a company has been established in accordance with the requirements specified in clause 4; and
(b)
that the trust deed meets the requirements specified in clause 5.

4—Establishment of company

(1)
The Board is to establish a company to administer the new scheme in accordance with the trust deed.
(2)
The members of the Board at the time of the dissolution of the Board are to be members of the board of directors of the company on the relevant day.
(3)
A vacancy in the membership of the board of directors on the relevant day because of a vacancy in the Board's membership is to be filled in accordance with the constitution of the company (and subsequent vacancies will also be filled in accordance with the constitution of the company).
(4)
A legal obligation of the Board at the time of the dissolution of the Board becomes, by force of this subclause, a legal obligation of the company (unless otherwise excluded by the Treasurer by notice in the Gazette).
(5)
To avoid doubt, subclause (4) includes the obligation to manage financial records and accounts, to prepare financial statements and to arrange any audit associated with the activities of the Board and the operations of the old scheme before the dissolution of the Board under this Schedule.

5—Requirements for new scheme and trust deed

(1)
Subject to this clause, the terms, conditions, benefit structure and membership of the old scheme immediately before the relevant day are to be continued under the trust deed in relation to the new scheme unless and until varied in accordance with the terms of the trust deed.
(2)
For the purposes of subclause (1), an amendment to the old scheme made by regulation under clause 3 of Schedule 1 Part 2 of the relevant Act that has not come into operation before the relevant day will be taken to have come into operation immediately before that day.
(3)
The trust deed is to provide that the trustee for the new scheme will be the company.
(4)
The company is to continue to hold office as trustee unless and until another company is appointed to that role in accordance with the terms of the trust deed or there is a merger of the new scheme with another superannuation scheme as contemplated by clause 2(1)(b).
(5)
A participating employer is to be required under the trust deed to continue making the required employer contributions in relation to an employee who is a member of the new scheme for as long as the employer continues to be liable in relation to the member.
6—Dissolution of Local Government Superannuation Board
The Board is dissolved by force of this clause on the relevant day.

7—Transfer of assets and liabilities

(1)
On the commencement of the trust deed, the assets and liabilities of the old scheme are transferred to the company for the purposes of the new scheme.
(2)
The transfer of assets and liabilities under this clause operates by force of this clause and despite the provisions of any other law.

8—Stamp duty

(1)
No stamp duty is payable under a law of this State in respect of any transfer of assets or liabilities connected with, or arising out of, the operation of this Schedule (including in relation to a merger of the new scheme with another superannuation scheme as contemplated by clause 2(1)(b)).
(2)
No person has an obligation under the Stamp Duties Act 1923 to lodge a statement or return relating to a matter referred to in subclause (1), or to include in a statement or return a record or information relating to such a matter.

9—Revocation of regulations

On the relevant day, all regulations made under clause 3 of Schedule 1 Part 2 of the relevant Act are revoked.

10—Saving provision

Nothing done under this Schedule—
(a)
constitutes a breach of, or default under, an Act or other law; or
(b)
constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)
constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
(d)
constitutes a civil or criminal wrong; or
(e)
terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
(f)
releases a surety or other obligee wholly or in part from an obligation.

11—Application of Schedule

It is the intention of the Parliament that this Schedule apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.

12—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment effected by this Act.

Local Government (Accountability Framework) Amendment Act 2009, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—
principal Act means the Local Government Act 1999.

2—Transitional provision—audit opinions

(1)
Subject to subclause (2), the auditor of a council is not required—
(a)
to undertake that part of an audit required by paragraph (b) of section 129(1) of the principal Act (as enacted by this Act); or
(b)
to provide an audit opinion required by paragraph (b) of section 129(3) of the principal Act (as enacted by this Act),
until—
(c)
in the case of a prescribed council—the audit in relation to the 2012/2013 financial year;
(d)
in the case of any other council—the audit in relation to the 2015/2016 financial year.
(2)
The Minister may, on the application of a prescribed council, grant a 1 year extension to the period that would otherwise apply under subclause (1)(c) with or without conditions.
(3)
In this clause—
prescribed council means any of the following councils:
(a)
City of Burnside;
(b)
City of Charles Sturt;
(c)
City of Holdfast Bay;
(d)
City of Mitcham;
(e)
City of Onkaparinga;
(f)
City of Playford;
(g)
City of Port Adelaide Enfield;
(h)
City of Prospect;
(i)
City of Salisbury;
(j)
City of Tea Tree Gully;
(k)
City of West Torrens;
(l)
The Corporation of the City of Adelaide;
(m)
The Corporation of the City of Campbelltown;
(n)
The Corporation of the City of Marion;
(o)
The Corporation of the City of Norwood Payneham and St Peters;
(p)
The Corporation of the City of Unley;
(q)
The Corporation of the Town of Walkerville.

3—Transitional provision—Rebate of rates

Despite the operation of section 161 of the principal Act, the rebate on rates on land being predominantly used for supported accommodation that consists of accommodation for persons provided by housing associations registered under the South Australian Co-operative and Community Housing Act 1991 may, with respect to the following financial years, be as follows (if the council so decides):
(a)
2010/2011—25% (or, at the discretion of the council, a higher rebate);
(b)
2011/2012—50% (or, at the discretion of the council, a higher rebate).

Local Government (Model By-laws) Amendment Act 2011, Sch 1—Transitional provision

The amendments to the Local Government Act 1999 effected by this Act apply in relation to a model by‑law, or alteration to a model by‑law, whether made before or after the commencement of this Act.

Statutes Amendment (SACAT) Act 2014

104—Transitional provisions

(1)
In this section—
principal Act means the Local Government Act 1999;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
(2)
A right of appeal to the Land and Valuation Court under section 169 or 296 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Land and Valuation Court.
(3)
Nothing in this section affects any proceedings before the Land and Valuation Court commenced before the relevant day.

Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015

117—Transitional provisions

(1)
In this section—
Minister means the Minister responsible for the administration of the principal Act;
Panel means the Boundary Adjustment Facilitation Panel established under the principal Act (as in existence immediately before the commencement of section 105 of this Act);
principal Act means the Local Government Act 1999.
(2)
A member of the Panel ceases to hold office on the commencement of this subsection.
(3)
An exemption granted by the Panel under the principal Act and in force immediately before the commencement of this section will, after that commencement, be taken to be an exemption granted by the Minister.

(4)
Any process or proceeding commenced by the Panel under the principal Act before the commencement of this section may be continued and completed by the Minister after that commencement.
(5)
The Minister may, in connection with the operation of subsection (4)—
(a)
adopt any findings, determinations, report or recommendations of the Panel that may be relevant to the continuation or completion of any process or proceeding by the Minister under the principal Act; and
(b)
take other steps to promote the smoothest possible transition to the Minister acting under the principal Act rather than the Panel.

Local Government (Accountability and Governance) Amendment Act 2015, Sch 1 Pt 3

Division 1—Transitional provisions related to repeal of Local Government Act 1934

2—Preliminary

In this Division—
Minister means the Minister responsible for the administration of the Local Government Act 1999;
principal Act means the Local Government Act 1934;
relevant day means the day on which Part 2 of this Schedule comes into operation.
3—Prohibition of traffic or closure of streets or roads
A resolution passed under section 359 of the principal Act and in force on the relevant day will continue to have force and effect unless or until the resolution expires or is revoked by the council (and that section will continue to apply in relation to any such resolution as if the principal Act had not been repealed).

4—By-laws

(1)
A by-law made under section 667 of the principal Act and in force on the relevant day (other than a by‑law made under section 667(1) 4 or 9 XVI) will continue to have force and effect unless or until the by‑law expires or is revoked by the council (and that section will continue to apply in relation to any such by‑law as if the principal Act had not been repealed).
(2)
A by-law made under section 667(1) 4 of the principal Act and in force on the relevant day will continue to have force and effect until—
(a)
a day designated by the Minister by notice in the Gazette; or
(b)
if the by-law expires or is revoked by the council before a day is designated by the Minister—the day on which the expiry or revocation takes effect,
(and section 667(1) 4 of the principal Act will continue to apply in relation to any such by‑law as if the principal Act had not been repealed).
(3)
The Local Government Act 1999 applies to and in relation to by‑laws continued in operation under subclause (1) and (2) as if they were by‑laws made under that Act.
(4)
A by-law made under section 667(1) 9 XVI of the principal Act and in force on the relevant day will be taken to be a by‑law made under section 246(2) of the Local Government Act 1999 (as to be inserted by this Act).
(5)
Any process or proceeding commenced by a council in relation to the making of a by‑law under section 667(1) 9 XVI of the principal Act before the relevant day may be completed as if the principal Act had not been repealed and the by‑law will, if or when it is made, have effect as if it was made under section 246(2) of the Local Government Act 1999 (as to be inserted by this Act).

Division 2—Transitional provision related to objections to valuations

5—Transitional provision—objections to valuations

(1)
The repeal of section 169(1)(b) of the principal Act by section 27(1) does not affect—
(a)
any proceedings before the Tribunal commenced before the relevant day under section 169(1)(b) of the principal Act in existence before that day; or
(b)
a right to apply for a review by the Tribunal under section 169(1)(b) of the principal Act in existence before the relevant day (but not exercised before that day).
(2)
In this section—
principal Act means the Local Government Act 1999;
relevant day means the day on which section 27(1) comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Local Nuisance and Litter Control Act 2016, Sch 2 Pt 5—Transitional provisions

8—Continuation of by‑laws under section 240 of the Local Government Act 1999 relating to bill‑posting
If, immediately before the commencement of clause 4, a by‑law was in force under section 240 of the Local Government Act 1999—
(a)
the by‑law continues in force after that commencement; and
(b)
section 240 of that Act continues in force after that commencement for the purposes of the by‑law,
until the by‑law is revoked or expires (whichever occurs sooner).
9—Continuation of orders made under section 254 of the Local Government Act 1999
If, immediately before the commencement of clause 5, an order was in force under section 254 of the Local Government Act 1999 requiring a person to do or to refrain from doing a thing specified in section 254(1), table, Column 1, item 1 or 3 of that Act, the order continues in force after that commencement—
(a)
until the requirements of the order are complied with; or
(b)
for such longer period as may be necessary to enable the person or the council to exercise any rights or powers under Chapter 12 Part 2 in relation to the order.

Local Government (Building Upgrade Agreements) Amendment Act 2015, Sch 1—Transitional provision

1—Variation of term of lease—contribution towards building upgrade charge
(1)
If a provision of a lease entered into before the commencement of Schedule 1B clause 12 of the Local Government Act 1999 (as inserted into that Act by section 7 of the Local Government (Building Upgrade Agreements) Amendment Act 2015) requires a lessee to pay to the lessor any rates or charges imposed under the Local Government Act 1999, the provision of the lease will be taken to require the lessee to pay to the lessor a contribution towards a building upgrade charge payable under a building upgrade agreement that relates to premises that are the subject of the lease.
(2)
Schedule 1B clause 12 of the Local Government Act 1999 applies in respect of the contribution.
(3)
The contribution is to be paid on the date or dates on which a rate or charge imposed under the Local Government Act 1999 is payable or as otherwise agreed by the parties to the lease.
(4)
Nothing in this clause prevents the parties to a lease from agreeing—
(a)
to a variation of the provision that is, under this clause, taken to require the payment of a contribution; or
(b)
that the provision does not apply.

Local Government (Mobile Food Vendors) Amendment Act 2017, Sch 1

1—Transitional provision

(1)
The holder of a permit for the purposes of a mobile food vending business granted under section 222 of the Local Government Act 1999 before the commencement of this clause and in force on that commencement may surrender the permit to the council and request the issue of a fresh permit under section 222 (as in force immediately after the commencement of this clause).
(2)
On receiving a request under subclause (1), the council must grant the holder of the surrendered permit a fresh permit in accordance with section 222 (as in force immediately after the commencement of this clause).
(3)
The issue of a fresh permit automatically cancels the permit that was surrendered.
(4)
If the holder of a permit who surrenders the permit under this clause paid an annual fee or charge to the council in respect of the permit, the council must refund the fee or charge on a pro rata basis, such that the amount of the refund is calculated by multiplying—
(a)
the annual fee or charge that was paid; and
(b)
the proportion that the number of whole months between the date of surrender of the permit and the date of the end of the term of the permit bears to 12 months.

Statutes Amendment (SACAT No 2) Act 2017, Pt 28

173—Transitional provisions

(1)
A right to make any application under section 54, 83, 87 or 173 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2)
A right of appeal under section 156 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Land and Valuation Court.
(3)
A right of appeal under section 256 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(4)
A right to lodge a complaint under Chapter 13 Part 1 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(5)
Nothing in this section affects any proceedings before the District Court or Land and Valuation Court commenced before the relevant day.
(6)
A member of the panel established under Schedule 7 of the principal Act holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(7)
In this section—
principal Act means the Local Government Act 1999;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Local Government (Boundary Adjustment) Amendment Act 2017, Sch 1 Pt 2

4—Transitional provision

Any process or proceeding commenced before the commencement of this clause under Chapter 3 Part 2 of the Local Government Act 1999 (as in existence before the amendment of that Part by this Act) may be continued and completed in accordance with the process set out in Chapter 3 Part 2 of the Local Government Act 1999 (and be the subject of any appropriate proclamation) as if that Part had not been amended by this Act.

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 10

116—Transitional provisions

(1)
In this section—
principal Act means the Local Government Act 1999.
(2)
The amendments to section 294 of the principal Act effected by this Act do not affect—
(a)
any liability of a council to pay royalty on extractive minerals for the 2018/2019 financial year, or for any preceding financial year (and that section will be taken to continue to apply in relation to such a liability as if it had not been amended); or
(b)
any requirement to pay the designated amount on account of a royalty referred to in paragraph (a) into the prescribed fund (and that section will be taken to continue to apply in relation to such a requirement as if it had not been amended).

Local Government (Administration of Councils) Amendment Act 2019, Pt 2

5—Transitional provision

Section 273(8a) of the Local Government Act 1999 (as inserted by section 4(1) of this Act) applies to a member of a defaulting council from the commencement of section 4(1) (whether the council was declared to be a defaulting council before or after that commencement).

Statutes Amendment (Local Government Review) Act 2021, Pt 2

147—Transitional provisions

(1)
A council (other than a council within the ambit of section 11A(2)(a) of the principal Act (as inserted by this Act)) with more than the number of members that a council may be comprised of under section 11A(1) of the principal Act must conduct a review of its composition under Chapter 3 Part 1 of the principal Act so as to ensure that the reduction in the composition (and changes to wards) of the council required by section 11A (unless the council is granted an exemption certificate under section 12(11b) of the principal Act (as amended by section 9 of this Act)) takes effect on or before the date of the second periodic election of the council after the commencement of section 11A.
(2)
Section 51 of the principal Act (as amended by section 17 of this Act) applies to a council from—
(a)
in the case of a council that commences a representation review in accordance with section 12 of the principal Act after the commencement of section 17 of this Act and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of section 17; or
(b)
in any other case—polling day for the second periodic election due to be held after the commencement of section 17.
(3)
A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review.
(4)
A council (other than a council within the ambit of subsection (2)(a)) constituted on the basis that the principal member is to be chosen by the members of the council from amongst their own number must conduct a review of its composition under Chapter 3 Part 1 of the principal Act so as to ensure that the appointment or election of a mayor required by section 51(1) of that Act (as amended by section 17 of this Act) takes effect on or before the date of the second periodic election of the council after the commencement of this section.
(5)
The remuneration of a chief executive officer holding office on the commencement of section 99A of the principal Act (as inserted by this Act) is not affected during the term of that office by a determination under section 99A.
(6)
The principal Act (as in force immediately before the commencement of this subsection) continues to apply to a contravention of, or failure to comply with, the principal Act constituting grounds for complaint against a member of a council under Chapter 13 Part 1 of the principal Act (as in force immediately before the commencement of this subsection) committed or alleged to have been committed before that commencement.
(7)
Section 110 of the principal Act (as in force immediately before the commencement of this subsection) continues to apply to a contravention of, or failure to comply with, the code of conduct to be observed by employees of councils committed or alleged to have been committed before that commencement.
(8)
In this section—
principal Act means the Local Government Act 1999.
Editorial note—
Subclause (4) had not come into operation at the date of the publication of this version.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Local Government (Defaulting Council) Amendment Act 2022, Sch 1—Transitional provision

1—Periodic election

Despite section 5 of the Local Government (Elections) Act 1999, the periodic election in the District Council of Coober Pedy for which voting closes in November 2022 will cease to be held from the commencement of this clause (and anything done for the purposes of the periodic election will be taken to be void and of no effect).

Historical versions

Reprint No 1—1.6.2000
Reprint No 2—26.8.2001
Reprint No 3—4.10.2001
Reprint No 4—6.12.2001
Reprint No 5—12.9.2002
Reprint No 6—12.12.2002
Reprint No 7—27.2.2003
Reprint No 8—22.5.2003
Reprint No 9—1.7.2003
Reprint No 10—24.11.2003
3.6.2004
5.8.2004
25.11.2004
12.12.2004
18.8.2005
1.10.2005
1.1.2006
1.7.2006
27.7.2006
14.12.2006
25.1.2007
1.6.2007
1.7.2007
17.4.2008
23.11.2008
1.1.2009
5.4.2009
1.1.2010
14.1.2010
1.2.2010
8.4.2010
1.7.2010
15.11.2010
24.11.2011
10.12.2011
1.1.2012
1.1.2013
24.3.2013
1.9.2013
5.12.2013
1.4.2014
20.11.2014
29.3.2015
1.7.2015
9.7.2015 (substituted)
31.3.2016
19.5.2016
4.7.2016
1.2.2017
14.6.2017
1.7.2017
1.8.2017
1.3.2018
4.10.2018
1.1.2019
1.7.2019
3.10.2019
5.12.2019
26.3.2020
1.7.2020
1.1.2021
16.9.2021
20.9.2021
7.10.2021
10.11.2021
23.12.2021 (electronic only)
6.1.2022
17.2.2022
30.4.2022
30.6.2022
29.9.2022
17.11.2022
9.3.2023
30.6.2023
31.8.2023
25.11.2023 (electronic only)
30.11.2023