What is a By-law?

One of the main tasks of local government is to regulate or manage services and activities on our roads and public spaces. For example, councils are responsible for managing activities in our Park Lands, streets and footpaths and for providing other services. These services would be difficult for a state government to manage because they are local issues. To support service provision, state government provides councils the capacity to make By-laws on specific matters. 


Why is City of Adelaide reviewing and proposing changes to the By-laws?

Legislation requires that Local Government By-laws are renewed every 7 years. The changes that have been proposed are mostly grammatical, consolidating definitions, lay out etc., or are the result of recent legislative changes.


What happened to the previous By-law 10 – ‘Smoking Control’ and Model By-law – ‘Management of Pedestrian Malls’?

Both these By-laws have been merged to provide a more succinct single By-law, which is proposed to be By-law 6 – ‘Rundle Mall’


Has the definition of ‘Smoking’ been amended in the By-laws?

Yes; in order to bring the current definition into line with proposed new health legislation.  

What happened to the previous By-law 6?

There has not been a By-law 6 since 2011 when the previous By-law 6 (which related to Rundle Mall) was disallowed by the Legislative Council.  This resulted in the creation of the Model By-law – ‘Management of Pedestrian Malls’. 

Why is Council clarifying its ability to remove people from public conveniences (toilets)?

To be able to effectively move on those who are causing an obstruction in public toilets. This clarification is proposed as a result of increased occurrences of public toilets being used by people to take refuge and stay in the cubicles for extended times. The proposed change is to ensure Council's ability to maintain public toilet access for the public and has occurred because of concerns from the public including complaints from people with disabilities being unable to access public toilets.


Why are Council proposing changes requiring commercial businesses to remove waste containers from roads/footpaths within specific time frames?

The current By-laws already include requirements for residents to remove their waste bins from the footpath etc. within specific time frames, however this did not apply to commercial waste bins. To ensure consistency and keep our footpaths/roads clear, these changes propose to require businesses with commercial waste bins to remove their bins once collected in a timely manner to minimise the effect on pedestrians and vehicles using the footpaths/roads. 


Will expiation notices be able to be issued to waste container owners who breach rules?

Yes.  The person/business responsible can be expiated under By-law 5; however Council would focus on educating the person/business in the first instance.

Why are expiation penalties not individually identified in the By-laws?

Expiation penalties are restricted by the Local Government Act 1999 to a maximum of 25% of the maximum penalty which is $750. Council can then set/change the expiation penalty for individual offences annually through Councils Fees and Charges up to $187.50. Please refer to our current Fees and Charges schedule located at:

https://www.cityofadelaide.com.au/online-services/permits-and-licenses/approvals-permits-licenses/badge-days

Why can’t I find a schedule for collection of hard waste?

The schedules for collection of hard waste are not managed in the By-laws. Hard waste schedules are set under the Sustainability Policy. How to book a hard waste collection is explained at:

https://www.cityofadelaide.com.au/city-living/home-property-management/waste-recycling/hard-refuse


Is the posting of flyers under vehicle windscreen wipers covered by these By-laws?

No. It is now covered under section 23 of new SA Government legislation called The Local Nuisance and Litter Control Act 2016


Why are moveable signs and A frames not allowed to be put against the building?

Moveable signs and A frames cannot be placed alongside the building alignment as this can negatively impact the visually impaired members of our community and create a safety issue.


Has the definition of ‘model aircraft’ been amended and where they can be flown?

Yes; the definition of model aircraft has been updated to include ‘drone’. By-law 3 Local Government Land has been amended to allow Council in future, by resolution, to identify and limit the usage of model aircraft (including drones) and other devices (model boats and model/remote control cars) on local government land (it has responsibility for) without requiring a By-law change.  


What happens after the consultation process is closed?

Following the closure of the consultation period, feedback will be considered and a report will be presented to Council. Once endorsed by Council the proposed By-laws will be published in the Gazette and referred to the Legislative Review Committee for review. If there are no objections or amendments from Parliament, the By-laws will take effect four months after they are Gazetted and will be valid until 1 January 2026. 

How do I provide my feedback?

You can submit feedback in many ways thus:

Online:

For a quick and efficient way to provide feedback visit:

yoursay.cityofadelaide.com.au and provide a submission via the Online Survey

Written submission form:

Complete the submission form in the consultation pack and return to:

Community Consultation

By-Law Review 2018

GPO Box 2252, Adelaide SA 5001

Email: Feedback can be sent to: yoursay@cityofadelaide.com.au or  c.officers@cityofadelaide.com.au

All submissions must be received by 5pm, Wednesday, 1 August 2018.