Councils in South Australia can establish by-laws under the Local Government Act 1999. By-laws are local laws developed by councils to address issues specific to the relevant council area. Designed to assist councils in creating convenient, safe and comfortable community spaces, they typically regulate the use of council land and roads, including the placement of moveable signs, and also animals on residential premises.

Adelaide Plains Council currently has five by-laws, which apply only within the Council’s boundaries. These were made by Council on 23 September 2019 and are due to expire on 1 January 2027. Council is now seeking comments on six proposed by-laws, which includes a new Animal Management By-law 2026.

Permits and Penalties By-Law 2026

A by-law to create a permit system for Council By-laws, to fix maximum and continuing penalties for offences, to provide for certain matters pertaining to liability and evidence, and to clarify the construction of Council by-laws.

Local Government Land By-Law 2026

A by-law to manage and regulate the access to and use of Local Government land and certain public places.

Roads By-Law 2026

A by-law for the management, control and regulation of activities on roads and other land in the Council's area.

Dogs By-Law 2026

A by-law to limit the number of dogs kept on premises and for the management and control of dogs in the Council's area.

Moveable Signs By-Law 2026

A by-law to set standards for moveable signs on roads and to provide conditions for the placement of such signs for the purpose of protecting visual amenity and public safety in the Council's area.

Animal Management By-Law 2026

This is a new by-law. It operates to require permission to be obtained from Council to keep a prescribed animal (being a rooster or pigeon) in a township.

Clause 7.2 clarifies that permission of the Council under a by-law may be given by way of a permit (i.e. to an individual) or by way of the Council adopting a policy that applies generally for this purpose.

The expiation fee note recognises the amendment to the maximum penalty (which is now $1,250). This means the maximum expiation fee is $312.50, unless the Council resolves a lesser expiation fee. If Council wishes to retain the current fee of $140 then it can make a resolution to this effect once the by-laws have been made (and ahead of them commencing).

The by-law applies to Local Government land (which is not a road), except for the camping provision that applies to Local government land, foreshore and roads. The reason for this is to assist with enforcement of camping restrictions on any land.

Provisions relating to regulation of activities in water (swimming, boating etc) have been removed. This is because the Department for Infrastructure and Transport has (since Council’s last review) advised it objects to being included in Council by-laws since the matters they relate to are wholly regulated under the Harbors and Navigation Act 1993 (which means the validity of these provisions if included in a by-law could be challenged).

Like the Roads By-law, the inclusion of a general exemption clause to provide further flexibility for the Council in administering the by-law.

Removal of camping provision. Camping on a road and Local Government land will be regulated entirely under the Local Government Land By-law. This is intended to assist enforcement by removing the need to identify whether land is a road or Local Government land, which in some cases, is not always clear.

Inclusion of a general exemption clause to provide further flexibility for the Council in administering the by-law.

Inclusion of additional provisions that commonly appear in roads by-laws across the state, including to address the placement of rubbish bins on council roads for collection.

Redrafting of dog control provisions so they are more easily understood, with inclusion of notes to assist in understanding.

Confirmation, at clause 8, that dog exercise areas are subject to clauses 9 and 10 – this is an advisory clause only, as if a dog is being exercised off leash and not under effective control, this is enforceable under the Dog and Cat Management Act 1995.

Relevant to dog limits, the amendment of the definition of township so it includes land in a Rural Settlement Zone, as described in the Planning and Design Code.

Inclusion of additional definitions to assist the public in understanding the by-law, and the Council in enforcing it.

Redrafting of the removal of signs provisions so they are more reader-friendly and understandable.

We're proposing to introduce a new by-law that requires permission to be obtained from Council to keep a prescribed animal (being a rooster or pigeon) in a township.

The purpose of this by-law is to regulate nuisance caused by roosters and pigeons.