Legislation

Most Recent Legislative Initiatives

City of Adelaide (Representation Review) Amendment Act 2006

All councils are required to conduct a comprehensive representation review at least once in every eight years. The representation review for the City of Adelaide, which formerly had been due to commence in 2007, was brought forward by a year, and the Council's election was delayed by up to a year, by the City of Adelaide (Representation Review) Amendment Act 2006.

Local Government (Financial Management and Rating) Amendment Act 2005

The Local Government (Financial Management and Rating) Amendment Act 2005 introduced comprehensive changes aimed at improving accountability, flexibility, financial management and rating decisions by councils.

The Act received assent on 1 December 2005. One section (dealing with the unrelated subject of accrued leave for trainees) came into operation on 1 January 2006. Provisions permitting new flexibility in charging for community wastewater management systems (formerly STEDS) commenced on 1 July 2006. All remaining provisions commenced on 25 January 2007, accompanied by supporting regulations.

The Minister for State/Local Government Relations has released a Circular that explains the key changes made by both the Act and the new sets of Regulations. Click here for details.

A copy of the amending Act can be found at the SA Legislation website www.legislation.sa.gov.au.

Differential Rates Recommendations Paper

The Office for State/Local Government Relations (OSLGR) has produced a Recommendations Paper that proposes changes to the permitted differential rates categories. Click here to download (or open) the Recommendations Paper (PDF 540 KB).

Submissions:
District Council of Kimba (7 June 2006)
The Corporation of the Town of Walkerville (21 June 2006)
District Council of Cleve (21 June 2006)
Wattle Range Council (26 June 2006)
Flinders Ranges Council (13 July 2006)
Tatiara District Council (17 July 2006)
Barossa Council (18 July 2006)
Regional Council of Goyder (19 July 2006)
City of Mount Gambier (21 July 2006)
City of Port Adelaide Enfield (24 July 2006)
Kingston District Council (26 July 2006)
Renmark Paringa Council (26 July 2006)
City of Prospect (26 July 2006)
District Council of Ceduna (28 July 2006)
SA Institute of Rate Administrators Inc (27 July 2006)
City of Onkaparinga (28 July 2006)
District Council of Streaky Bay (28 July 2006)
City of Mitcham (28 July 2006)
District Council of Mallala (31 July 2006)
City of Whyalla (31 July 2006)
City of Mount Barker (31 July 2006)
Southern Mallee District Council (31 July 2006)
Roxby Downs Council (31 July 2006)
Local Government Association Letter (31 July 2006)
Local Government Association Submission (31 July 2006)
City of Norwood, Payneham & St Peters (8 August 2006)
Adelaide City Council (11 August 2006)
District Council of Mt Remarkable (23 August 2006)

Statutes Amendment (Local Government Elections) Act 2005

The Statutes Amendment (Local Government Elections) Act 2005 was assented to on 14 July 2005. The provisions of the Act came into operation in two stages. The essential framework provisions about the timing of the next Local Government periodic elections were brought into operation on 18 August 2005. Council elections are now held in November, every four years.

Changes to the provisions relating to enrolment, the nomination and postal voting process, and prescribed forms for elections commenced on 1 January 2006.

A copy of the Act can be found at the SA Legislation website www.legislation.sa.gov.au

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Legislation

The following Acts, together with Section 64A, Part 2A of the Constitution Act 1934, establish the framework and system and operation of local governing bodies, and statutory authorities established for Local Government purposes. The following Acts are committed to the Minister for State/Local Government Relations:

Adelaide Show Grounds (Regulations and By-laws) Act 1929
City of Adelaide Act 1998 (Note: Part 2 dealing with the Capital City Committee has been conferred on the Minister for the City of Adelaide). Gazette Notice 23/3/06
Local Government Act 1934
Local Government Act 1999
Local Government (Elections) Act 1999
Local Government (Implementation) Act 1999
Local Government (City of Enfield Loan) Act 1970
Local Government (City of Woodville West Lakes Loan) Act 1970
Local Government Finance Authority Act 1983
Metropolitan Area (Woodville, Henley and Grange)
Drainage Act 1964
Outback Areas Community Development Trust Act (1978)
Private Parking Areas Act 1986
South Australian Local Government Grants Commission Act 1992
South-Western Suburbs Drainage Act 1959

In addition, the Roxby Downs (Indenture Ratification) Act 1982, committed to the Minister for Minerals and Resource Development, includes specific provisions for the administration of the Roxby Downs Council.)

These Acts and associated regulations can be accessed from the SA Legislation website

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Primary Acts and Regulations

The primary legislative framework for local government comprises three Acts of Parliament and six sets of regulations. These Acts came into operation on 1 January 2000.

The City of Adelaide is subject to a further Act and 2 sets of regulations.

The Acts and Regulations can be downloaded from the SA Legislation website, or purchased from a Service SA counter in the Lands Title Office, 101 Grenfell St Adelaide, or ordered on 13 23 24.

Questions and answers about the framework and how councils work in it can be found in How Councils Work - A Guide to the Rules

To view the following acts and regulations please click here for the SA Legislation website.
This site provides an alphabetical listing of acts and regulations that you can search

LOCAL GOVERNMENT ACT 1999
Sets up the constitution and operation of the system of Local Government.

LOCAL GOVERNMENT (ELECTIONS) ACT 1999
Deals with the conduct of council elections and polls.

LOCAL GOVERNMENT (IMPLEMENTATION) ACT 1999
Facilitates the transition by councils from the 1934 Act to the 1999 Acts.

LOCAL GOVERNMENT ACT 1934
Contains provisions, not yet repealed or transferred following the introduction of the 1999 Acts.

LOCAL GOVERNMENT (ELECTIONS) REGULATIONS 1999
Prescribe the forms and associated information necessary for the conduct of elections and polls.

LOCAL GOVERNMENT (MEMBERS ALLOWANCES AND BENEFITS) REGULATIONS 1999
Fix the range of allowances and expenses payable to elected members.

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1999
Cover operational procedures and forms for budgets, financial reporting and audit of councils and subsidaries.

LOCAL GOVERNMENT (GENERAL) REGULATIONS 1999
Contain matters of operational detail, administrative process, forms and fees which are not covered in the more specific sets of regulations.

LOCAL GOVERNMENT (PROCEDURES AT MEETINGS) REGULATIONS 2000
Provide for the proceedings at Council Meetings.

LOCAL GOVERNMENT (IMPLEMENTATION) REGULATIONS 1999
Enable specified provisions of the 1999 Acts and Regulations to be phased in over a period of time, and also address specific practical matters.

LOCAL GOVERNMENT (CEMETERY) REGULATIONS 1995
Provide for the operation of cemeteries.

CITY OF ADELAIDE ACT 1998
Makes special provisions for governance in the City of Adelaide.

CITY OF ADELAIDE (MEMBERS ALLOWANCES AND BENEFITS) REGULATIONS 1998
Fix the range of allowances with expenses payable to elected members in the City of Adelaide.

CITY OF ADELAIDE (ELECTIONS AND POLLS) REGULATIONS 1998
Prescribe forms with associated information for the conduct of elections and polls in the City of Adelaide.

PRIVATE PARKING AREAS ACT 1986 - CODE
The updated Private Parking Areas Code was Gazetted on 2 October 2003 (page 3688) - the Government Gazette can be accessed on www.governmentgazette.sa.gov.au.

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