Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 (SA)

South Australia

Local Government (General) (Mobile Food Vendors) Variation Regulations 2017

under the Local Government Act 1999

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Local Government (General) Regulations 2013

4            Insertion of regulations 25A to 25C

25A         Permits for business purposes—mobile food vendors

25B         Requirements relating to cancellation of permits

25C         Requirements relating to location rules

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which the Local Government (Mobile Food Vendors) Amendment Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Local Government (General) Regulations 2013

4—Insertion of regulations 25A to 25C

After regulation 25 insert:

25A—Permits for business purposes—mobile food vendors

(1)In accordance with section 224(2) of the Act, the following requirements relating to conditions of a permit for the purposes of a mobile food vending business are prescribed:

(a)a council is prohibited from imposing a condition restricting the kind of food that may be sold by the mobile food vending business;

(b)a condition imposed by a council requiring the payment of a fee in relation to the permit—

(i)must allow the permit holder to elect to pay either an annual or monthly fee; and

(ii)must not require the payment of a fee exceeding—

(A)in the case of an annual fee—$2000 per year (excluding GST); or

(B)in the case of a monthly fee—$200 per month (excluding GST);

(c)a council must ensure that the permit is subject to—

(i)a condition requiring the permit holder to have insurance of a kind specified by the council (such as public liability insurance); and

(ii)conditions requiring that the operation of the mobile food vending business not unduly interfere with—

(A)vehicles driven on roads; or

(B)vehicles parking or standing on roads; or

(C)a parking area for people with disabilities (within the meaning of rule 203(2) of the Australian Road Rules); or

(D)public transport or cycling infrastructure (such as bus zones, taxi zones and bike lanes); or

(E)other road related infrastructure; or

(F)infrastructure designed to give access to roads, footpaths and buildings; and

(iii)conditions requiring compliance with requirements under—

(A)the Food Act 2001; and

(B)the South Australian Public Health Act 2011; and

(C)the Environment Protection Act 1993; and

(D)the Local Nuisance and Litter Control Act 2016; and

(E)the Motor Vehicles Act 1959 and Road Traffic Act 1961; and

(F)any law or legislative provision relating to electrical or gas installations or appliances; and

(G)any other relevant law or legislative provision relating to health, safety or the environment.

(2)In accordance with section 222(1a) of the Act, a council is not required to grant a permit for the purposes of a mobile food vending business under that subsection if the vehicle proposed to be used would unduly obstruct the use of public roads in a manner that cannot be adequately addressed by conditions under section 224 of the Act.

25B—Requirements relating to cancellation of permits

(1)If a council cancels a permit for the purposes of a mobile food vending business under section 225(1)(a) of the Act, the following requirements apply to the person who held the permit (prior to its cancellation):

(a)if the person holds a permit for the purposes of a mobile food vending business granted by another council, the person must inform that council of the cancellation as soon as is reasonably practicable after receiving notice of the cancellation;

(b)if, during the prohibited period, the person applies to another council for a permit for the purposes of a mobile food vending business, the person must inform that council of the cancellation as soon as is reasonably practicable after receiving notice of the cancellation.

(2)A person who fails to comply with a requirement under subregulation (1) is guilty of an offence.

Maximum penalty: $500.

(3)In this regulation—

prohibited period means the period, specified by a council that cancels a permit for the purposes of a mobile food vending business, during which an application to the council for such a permit may not be made by or on behalf of the person who held the permit (prior to its cancellation).

25C—Requirements relating to location rules

(1)For the purposes of section 225A(2)(a) of the Act, a council, in adopting or amending its location rules—

(a)must ensure that its location rules provide for a reasonable distance between mobile food vending businesses and fixed food businesses during the operating hours of fixed food businesses, taking into account the—

(i)location; and

(ii)number; and

(iii)operating hours,

of fixed food businesses in the council area; and

(b)must take into account the effect of the operation of mobile food vending businesses on—

(i)vehicle and pedestrian traffic, footpaths, driveways, access points to buildings and parking areas for people with disabilities; and

(ii)the requirements relating to, and availability of, parking spaces at the locations in which mobile food vending businesses may operate under the location rules; and

(iii)residents and businesses at the locations in which mobile food vending businesses may operate under the location rules; and

(c)must ensure that its location rules are consistent with any other relevant requirement under regulation 25A (including any relevant requirement under a law or legislative provision referred to in that regulation).

(2)A council's location rules may show the locations within the council area in which mobile food vending businesses are permitted to operate by use of maps.

(3)A council must ensure that a copy of its location rules is published on its website.

(4)In this regulation—

fixed food business means a business the primary purpose of which is the retail sale of food or beverages that is carried on at fixed premises.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 14 November 2017

No 307 of 2017

17LG08CS