Dates New Regulatory Roles for Council are Effective
From 1 February 2017, the District Council of Yankalilla is legislated a new regulatory role in littering and, from 1 July 2017, in local nuisance.
Overview of the Local Nuisance and Litter Control Act
The Local Nuisance and Litter Control Act 2016 is significant legislation for councils in South Australia and is anticipated will assist in resolving local nuisance complaints. The Act also has a strong focus on managing littering and illegal dumping across South Australia.
The Act confers a significant role on to councils to implement the legislation. However, the Environment Protection Authority (EPA) has committed to working collaboratively with the LGA and councils to ensure that the legislation is well implemented and delivers on its purpose of providing improved community outcomes relating to local nuisance, litter control, and illegal dumping.
To provide information on specific aspects of the Act, a series of factsheets has been developed for use by councils and the community:
Factsheet 2 Evidence Collection/Seizure of goods (in development)
Factsheet 18 Administering bodies (in development)
Factsheet 21 Vexatious complaints (in development)
Litter control information
Local nuisance information
Considering making a Complaint to Council?
In the first instance a person should try and discuss concerns with the people (e.g. neighbours) from where the nuisance is emanating from, as they may not be aware that they are causing a nuisance.
Generally, Councils will only become involved if an issue within the community cannot be resolved or if the nuisance is a broad-scale issue involving multiple parties.
Ensure you review the approrpriate Factsheet.
How to make a Complaint to Council
It is assumed the relevant factsheet has been reviewed prior to a complaint form being completed and submitted.
Council requires complaints regarding possible breaches in the Local Nuisance and Litter Control Act to be made in writing on the appropriate form. The following forms should be used as they guide you through providing the information required to warrant an investigation.
If you need mediation assistance
Should you require assistance regarding conflict resolution, Mediation SA is the South Australian independent non- government provider of mediation and dispute resolution services, assisting people state wide with neighbourhood and community disputes.
Mediation SA is operated by Southern Community Justice Centre. All service provision is voluntary, non-legal, and confidential and our staff are unbiased and impartial.
Mediation services are provided free of charge.
Their website can be accessed here.
False, Vexatious or Misleading Reports
Please note providing a false, vexatious or misleading report is an offence under the Act and carries a maximum penalty of $50,000 for a body corporate and $20,000 for a natural person.
- Complaint form for Abandoned Shopping Trolley(232 kb)
- Complaint form for Bill Posting(252 kb)
- Complaint form for Insanitary Conditions(309 kb)
- Complaint form for Litter(312 kb)
- Complaint form for Nuisance (Dust)(326 kb)
- Complaint form for Nuisance (Noise)(329 kb)
- Complaint form for Nuisance (Odours)(322 kb)
- Complaint form for Nuisance (Smoke)(312 kb)
- Complaint form for Unsightly Conditions(322 kb)
- Complaint form for Other(255 kb)
Current Exemptions Provided by Council
The Act allows councils to consider the granting of an exemption from local nuisance-causing activities upon application. Exemptions may be reasonable for short-term activities - such as festivals, events or major construction activities - where some level of dust or other local nuisance is likely to be unavoidable. Councils can apply strict conditions to ensure that an applicant does everything reasonable to minimise the impact of the nuisance.
All exemptions are published here.