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Council was informed by the LRC (Legislative Review Committee) that some of the content of the amended By-Laws duplicated existing State Govt. legislation.
The LRC is required to consider all sub-ordinate legislation (regulations, rules and by-laws). The Committee comprises six State Govt. members, three from the House of Assembly and three from the Legislative Council.
In line with the feedback received from the LRC, Council introduced By-law 13 which replicates By-Law 12 but with the duplicated content removed. As required, Council had to undertake another round of consultation.
At the conclusion of the consultation, there was only one submission received which agreed with Council's approach. Council then endorsed By-law 13 for adoption. By-law 13 will be formally adopted once the LRC provides their final approval.
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Based on the community feedback received during Stage 1, further amendments were proposed to By-Law 12. As required, another round of consultation took place.
At the conclusion of the consultation, there were 11 submissions and of these, 9 related positively to the inclusion of Clause 8 Food Business Notification Confirmation. Clauses pertaining to waste management, climbing on structures and distribution of literature were the focus of the remaining 3 responses.
After considering the submissions and recommendations Council then endorsed By-law 12 for adoption.
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In 2011 Council adopted 9 new By-laws that excluded certain content due to a Court decision. Consequently these new By-Laws were not able to contain many issues that were previously covered such as placing flyers on vehicles etc.
In 2013 the High Court of Australia handed down its decision which found in Council’s favour. This allowed Council to reinstate certain contents of the By-laws that were excluded.
To reinstate the excluded content Council then introduced a new By-law (By-law 12). This also provided an opportunity for Council to assess the By-laws and make general updates. Before Council can adopt new or amend its By-laws, there's a requirement to consult with the community.
At the conclusion of the consultation, there were a number of key themes that were raised by the community. With this in mind, Council made further amendments to address community concerns such as,
Bikes - Unfortunately from time to time a bicycle might be left in a place where it inappropriate and impacts on safety. It is not Council’s intention to “ban” this activity but to have the ability to take action if this happens. Where there is no chance of danger or damage, we would have no concerns. To correct some misunderstandings in some media coverage, bikes can be tethered anywhere as long as they don’t block access or cause inconvenience or damage
Birds - Feeding birds is already an offence in squares and pedestrian malls. The proposed inclusion in the Roads By-Law is to confirm consistency with other By-Laws so as not to bring pests such as pigeons (which cause significant cleansing and health concerns) to an area.
Street Games - For example, if some people were out playing cricket in the street and not damaging property or causing a disturbance to the public, then we have no issue. However if they were causing a disturbance and damage, or if someone was kicking a soccer ball around in a high traffic area like Rundle Mall then it would need to stop. The proposed changes give us the ability to do this. The changes being recommended around this sort of activity are consistent with what already exists for Park Land bylaws.
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