South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"absolute majority" of the members of a council means a majority of the whole
number of the members;
"accounting records" means all records and documents relevant to any receipt
or payment of money and includes the working papers and other documents
necessary to explain the methods and calculations by which statements and
accounts are made up;
"Adelaide City Council" means The Corporation of the City of Adelaide;
"agenda" means a list of items of business to be considered at a meeting;
"annual value" means annual value as defined in the Valuation of Land
Act 1971 ;
"area" means the area for which a council is constituted;
"Australian Parliament" means the Parliament of the State, the Commonwealth or
another State, or a Legislative Assembly of a Territory of the Commonwealth;
"authorised person" means a person appointed by a council as an
authorised person under Chapter 12 Part 3;
"board member" means, according to the context—
(a) a
member of the board of management of a subsidiary established by a single
council under this Act; or
(b) a
member of the board of management of a regional subsidiary established by two
or more councils under this Act;
"business day" means a day that is not a Saturday, Sunday or public holiday;
"capital value" means capital value as defined in the Valuation of Land
Act 1971 ;
"cash advance debenture rate", for a particular financial year, means the
cash advance debenture rate used by the Local Government Finance Authority of
South Australia at the commencement of that financial year;
"chief executive officer" means the chief executive officer of a council and
includes a deputy or other person acting in the office of chief
executive officer;
"commercial project" means a commercial activity or enterprise;
"community land" means local government land classified as community land
under Chapter 11;
"company" means a company incorporated under the Corporations Act 2001 of
the Commonwealth;
"constituent council" of a regional subsidiary means a council that has
participated in the establishment of the subsidiary under this Act, or that
has become a constituent council under Schedule 2;
"council" means a council constituted under this Act;
"council committee" means a committee of a council established under this Act
and includes a subcommittee;
"councillor" means a person appointed or elected as a councillor of a council
under this Act;
"council subsidiary" means a subsidiary established under Schedule 2;
"day therapy centre" means a place that provides day therapy to older persons
to enable them to maintain or regain a level of independence and to continue
to live in their own homes, or to enable carers to have some respite;
"District Court" means the Administrative and Disciplinary Division of the
District Court of South Australia;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"elector"—see Local Government (Elections) Act 1999 ;
"Electoral Commissioner" means the person for the time being holding, or
acting in, the office of the Electoral Commissioner under the Electoral
Act 1985 ;
"farm land" means land used wholly or mainly for the business of primary
production;
"general election", in relation to a council, means a general election of
members of the council (whether held under section 5 of the Local Government
(Elections) Act 1999 or pursuant to a proclamation or notice under this
Act);
"highway" means—
(a) a
main road or a controlled-access road within the meaning of the Highways
Act 1926 ; or
(b) a
road vested in the name of the Commissioner of Highways or the Minister to
whom the administration of the Highways Act 1926 is committed; or
(c) a
road that is subject to a notice under section 26 of the Highways
Act 1926 ; or
(d) land
(other than land vested in a council) declared to be a public road under Part
3A of the Highways Act 1926 ;
"independent living units" means—
(a)
units in a complex of residential units that are primarily occupied by retired
persons and their spouses or domestic partners; or
(b)
units in a retirement village under the Retirement Villages Act 1987
where a note of the use of the land as a retirement village is endorsed on the
relevant certificates of title;
"land" means, according to the context—
(a) land
as a physical entity, including—
(i)
any building or structure on, or improvement to, land; or
(ii)
land covered by water and, in such a case, the overlying
water; or
(iii)
a strata lot under the Community Titles Act 1996 or
a unit under the Strata Titles Act 1988 ; or
(b) a
legal estate or interest in, or right in respect of, land;
"Land and Valuation Court" means the Land and Valuation Court constituted
under the Supreme Court Act 1935 ;
"lease" includes a tenancy agreement;
"lessee" includes a tenant;
"LGA" means the Local Government Association of South Australia;
"litter" includes bottles, cans, cartons, packages, paper, glass and food
stuffs;
"local government land" means land owned by a council or under a council's
care, control and management;
"member" of a council means the principal member or a councillor of the
council;
"moveable sign" means a moveable advertisement or sign;
"occupier" means a person who is, either jointly or alone, in possession of
land (to the substantial exclusion of others);
"officer" of a body corporate means a director, manager, secretary or public
officer of the body corporate and includes any other person who takes part in
the management of the affairs of the body corporate;
"owner" of land means—
(a) if
the land is unalienated Crown land—the Crown; or
(b) if
the land has been granted in fee simple (and is not unalienated
Crown land)—
(i)
the holder of an estate in fee simple, or a life estate,
in the land; or
(ii)
the holder of a leasehold estate in the land who is not
in occupation of the land; or
(iii)
a mortgagee in possession of the land (or a receiver
appointed by such a mortgagee); or
(c) if
the land is held from the Crown under a lease, licence or agreement to
purchase—the lessee, licensee or purchaser; or
(d) a
person who holds native title in the land; or
(e) a
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;
"Panel" means the Boundary Adjustment Facilitation Panel;
"park" means community land reserved or delineated as a park or designated by
a council as a park;
"periodic election" means an election to fill offices of a council held
pursuant to section 5 of the Local Government (Elections) Act 1999 ;
"principal member", of a council—see Chapter 5 Part 1;
"private road" means a road in private ownership;
"project" includes—
(a) any
form of activity or enterprise;
(b) the
provision of facilities or services;
(c) any
form of scheme, work or undertaking;
"public consultation policies"—see Chapter 4 Part 5;
"public notice" means notice published in the Gazette and in a newspaper
circulating generally throughout the State;
"public place" means a place (including a place on private land) to which the
public has access, but does not include any part of a community parcel divided
by a plan of community division under the Community Titles Act 1996 ;
"public road" means—
(a) any
road or land that was, immediately before the commencement of this Act, a
public street or road under the repealed Act; or
(b) any
road—
(i)
that is vested in a council under this or another Act; or
(ii)
that is placed under a council's care, control and
management as a public road after the commencement of this Act,
but not including an alley, laneway, walkway or other similar thoroughfare
vested in a council; or
(c) any
road or land owned by a council, or transferred or surrendered to a council,
and which, subject to this Act, is declared by the council to be a
public road; or
(d) any
land shown as a street or road on a plan of division deposited in the Lands
Titles Registration Office or the General Registry Office and which is
declared by the council to be a public road; or
(e) any
land transferred or surrendered to the Crown for use as a public road that
was, immediately before the transfer, held by a person in fee simple or under
a lease granted by the Crown,
(and includes any such road that is within the boundaries of a public square);
"quarter" means any period of three months commencing on 1 January, 1 April, 1
July or 1 October;
"rateable land" or "rateable property" means land that is rateable under
Chapter 10;
"ratepayer" means a person who appears in the assessment record as the owner
or occupier of rateable property;
"regional subsidiary" means a subsidiary of two or more councils;
"regulatory activity" means an activity which involves the making or
enforcement of by-laws, orders, standards or other controls under this or
another Act;
"relative" of a person means—
(a) the
spouse or domestic partner; or
(b) a
parent or remoter lineal ancestor; or
(c) a
son, daughter or remoter descendant; or
(d) a
brother or sister;
"remuneration" means salary, allowances and other monetary benefits paid or
payable to an employee of a council;
"repealed Act" means the Local Government Act 1934 ;
"reserve" means community land reserved or dedicated as a reserve or
designated by the council as a reserve;
"road" means a public or private street, road or thoroughfare to which public
access is available on a continuous or substantially continuous basis to
vehicles or pedestrians or both and includes—
(a) a
bridge, viaduct or subway; or
(b) an
alley, laneway or walkway;
"roadwork" means—
(a) the
construction of a road; or
(b) the
maintenance or repair of a road; or
(c) the
alteration of a road; or
(d) the
construction of drains and other structures for the drainage of water from a
road; or
(e) the
installation of fences, railings, barriers or gates; or
(f) the
installation of traffic control devices, traffic islands or parking bays; or
(g) the
improvement of a road including (for example)—
(i)
landscaping and beautification; or
(ii)
installation of road lighting; or
(h) the
installation of amenities or equipment on or adjacent to a road for the use,
enjoyment or protection of the public; or
(i)
the installation of signs on or adjacent to a road for
the use or benefit of the public;
"rubbish" includes litter and waste matter;
"senior executive officer" means an employee of a council—
(a) who
reports directly to the chief executive officer; and
(b)
—
(i)
whose total remuneration equals or exceeds $100 000
per annum; or
(ii)
whose position is identified in the organisational
structure of the staff of the council as a senior executive officer's position
for the purposes of this Act;
"site value" means site value as defined in the Valuation of Land
Act 1971 ;
"spouse"—a person is the spouse of another if they are legally married;
"strategic management plans"—see Chapter 8 Part 1;
"structural reform proposal" means a proposal to—
(a)
constitute a council; or
(b)
amalgamate two or more councils; or
(c)
abolish a council and incorporate its area into the areas of two or more
councils; or
(d)
alter the boundaries of a council area;
"subsidiary" of a council means—
(a) a
subsidiary of the council; or
(b) a
regional subsidiary for which the council is a constituent council;
"supported accommodation" means—
(a)
residential care facilities that are approved for Commonwealth funding under
the Aged Care Act 1997 (Cwlth); or
(b)
accommodation for persons with mental health difficulties, intellectual or
physical difficulties, or other difficulties, who require support in order to
live an independent life;
"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 in the Gazette;
"unalienated Crown land" means all land of the Crown except—
(a) land
held in fee simple by an agency or instrumentality (other than a Minister) of
the Crown;
(b) land
subject to a lease or licence (other than a lease or licence relating to
exploration for, or recovery of, minerals or petroleum);
(c) land
subject to an agreement to purchase;
"valuation" means a determination or assessment of value;
"vehicle" includes motor cycle and bicycle;
"waste matter" includes any discarded object or material (whether or not it
has any apparent value).
(2) For the purposes
of this Act, a reference to the conclusion of council elections is a
reference—
(a) in
the case of periodic elections—
(i)
if the number of candidates nominated to contest each of
the elections for the council does not exceed the number of persons required
to be elected—to the last business day before the second Saturday of
November of the year of the elections; or
(ii)
in any other case—to the time at which the last
result of the periodic elections is certified by the returning officer under
the Local Government (Elections) Act 1999 ;
(b) in
the case of elections held on a day appointed by proclamation or notice—
(i)
if the number of candidates nominated to contest each of
the elections for the council does not exceed the number of persons required
to be elected—to the day fixed as polling day for the elections; or
(ii)
in any other case—to the time at which the last
result of the elections is certified by the returning officer under the Local
Government (Elections) Act 1999 ;
(c) in
the case of a supplementary election—
(i)
if the number of candidates nominated to contest the
election does not exceed the number of persons required to be elected—to
the time at which the nominated candidate or candidates are declared elected
by the returning officer under the Local Government (Elections) Act 1999
; or
(ii)
in any other case—to the time at which the result
of the election is certified by the returning officer under the Local
Government (Elections) Act 1999 .
(3) If—
(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.
(4)
Subsection (3) operates subject to any other section that makes express
provision for another person to act in the relevant office or position.