South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"absolute majority" means a majority of the whole number of the members of a
council or committee, as the case may be;
"area" means the area in relation to which a council is constituted;
"authorised person" means an authorised person under the Local Government
Act 1999 ;
"business day" means any day except Saturday, Sunday or a public holiday;
"chairman" means the chairman of a council and includes a deputy chairman or
other member acting in the office of chairman;
"chief executive officer" means the chief executive officer of a council and
includes a deputy or another person acting in the office of chief
executive officer;
"company" means a company incorporated under theCompanies (South Australia)
Code or a corresponding law in force in another State or in a Territory;
"council" means a council constituted under the Local Government Act 1999
;
"council committee" means a committee of a council established under the Local
Government Act 1999 and includes a sub-committee of any such committee
and an advisory committee established by a council;
"district" means the area of a district council;
"district council" means a district council continued by or constituted under
this Act;
"driver" includes rider;
"elector" means a person enrolled on the voters roll for a council and
includes the nominated agent of a body corporate or group of persons enrolled
on the voters roll for a council;
"electoral officer" means a person appointed as an electoral officer under
this Act and includes the returning officer and deputy returning officer;
"engineer", in relation to a council, means a person appointed by the council
as the engineer of the council and includes a deputy or another person
appointed by the council to act in the absence of the engineer;
"financial year" means the period of twelve months ending on the thirtieth day
of June;
"foreshore" means the area between the low water mark on the seashore and the
nearest boundary of—
(a) a
road; or
(b) a
section; or
(c) a
public reserve; or
(d) land
comprised in a land grant, Crown lease, or Crown licence;
"land" includes—
(a) all
buildings and structures on land;
(b) all
other improvements to land;
(c) a
strata lot under the Community Titles Act 1996 and a unit under the
Strata Titles Act 1988 ;
"mayor" means the mayor of a council and includes a deputy mayor or other
member acting in the office of mayor;
"member" of a council means the mayor or chairman, an alderman or a councillor
of the council;
"municipal council" means a municipal council continued by or constituted
under this Act;
"municipality" means the area of a municipal council;
"occupier" means a person who, either jointly or alone, has possession of land
(to the substantial exclusion of others);
"office" means any office of a council;
"ornamental grounds" means land of which the care, control and management is
or has been assumed by a council under section 453 or the Ornamental Grounds
Act 1881 ;
"owner" of land means—
(a)
where the land has been granted in fee simple—
(i)
the holder of an estate in fee simple, or a life estate,
in the land;
(ii)
the holder of a leasehold estate in the land who is not
in occupation of the land;
(iii)
a mortgagee in possession of the land (or a receiver
appointed by such a mortgagee); or
(b)
where the land is held from the Crown under a lease, licence or agreement to
purchase—the lessee, licensee or purchaser; or
(c) any
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 land" means land declared or set apart as a park or set aside for the
use and enjoyment of the public;
"prime bank rate", for a particular financial year, means the published
indicator rate for prime corporate lending of the Commonwealth Bank of
Australia at the commencement of the financial year;
"principal office" means the office of a council maintained as its
principal office;
"public notice" means notice by advertisement in the Gazette and in a
newspaper circulating in the area;
"public place" includes every street, road, square, lane, footway, court,
alley and thoroughfare which the public are allowed to use (whether formed on
private property or not) and any foreshore but does not include any part of a
community parcel divided by a plan of community division under the
Community Titles Act 1996 ;
"ratable land" or "ratable property" means land that is ratable under Part X;
"repealed Act" means any Act repealed by this Act and any other repealed Act
which related to municipal or district councils;
"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 published in the Gazette;
"vehicle" includes motor cycle and bicycle.
(1a) Where—
(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.
(2) The terms "public
street, road or place", "public
street, road and place", " public street or road", and
"public street and road", mean respectively public street, public road or
public place, public street, public road and public place, public street or
public road, and public street and public road.
(3) The terms "street
and road" and "street or road extend to both public and private streets and
roads.
(4) For the purposes
of this Act, the terms "street" and
"road" extend to any bridge, viaduct or subway which is under the care,
control or management of the council (notwithstanding that it is carried over
or under land not vested in the council).
(5) For the purpose of
this Act, the width of a street or road, or any land proposed to be declared a
public street or road, is the shortest distance from one boundary of the
street, road or land to the opposite boundary.
(6) For the purposes
of this Act, a reference to a chairperson, when used in relation to a council
that does not have a mayor, will be taken to be a reference to the principal
member of the council.