All public acts appearing in this gazette are to be considered official, and obeyed as such



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Part 1—Preliminary

1—Short title

This proclamation may be cited as the Correctional Services (Appointment of Visiting Tribunals) Variation Proclamation 2009.



2—Commencement

This proclamation comes into operation on the day on which it is made.



3—Variation provisions

In this proclamation, a provision under a heading referring to the variation of a specified proclamation varies the proclamation so specified.



Part 2—Variation of proclamation under Correctional Services Act 1982 appointing Visiting Tribunals (Gazette 30.11.2000 p3356) as varied

4—Variation of clause 2

(1) Clause 2, list—before "Terri Christensen" insert:

Glen Charles Blackmore

Garth Challans

(2) Clause 2, list—delete "Paul Davos"

(3) Clause 2, list—delete "Heather Lorraine Ellis" and substitute:

Brian Roger Gitsham

(4) Clause 2, list—delete "Allan Wayne Jones"



Made by the Governor

with the advice and consent of the Executive Council

on 17 September 2009

MCS09/015SC


South Australia

Liquor Licensing (Conferral of Authority) Proclamation 2009

under section 15 of the Liquor Licensing Act 1997



1—Short title

This proclamation may be cited as the Liquor Licensing (Conferral of Authority) Proclamation 2009.



2—Commencement

This proclamation comes into operation on the day on which it is made.



3—Conferral of authority on District Court Judges

Authority is conferred on the District Court Judges named in Schedule 1 to exercise the jurisdiction of the Licensing Court of South Australia.



Schedule 1—District Court Judges on whom authority is conferred

Her Honour Rosemary Eva Davey

His Honour Paul Andrew Cuthbertson

His Honour Mark Andrew Griffin



Made by the Governor

with the advice and consent of the Executive Council

on 17 September 2009

AGO0071/03CS


South Australia

Public and Environmental Health (General) Variation Regulations 2009

under the Public and Environmental Health Act 1987



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Variation provisions

Part 2—Variation of Public and Environmental Health (General) Regulations 2006

4 Variation of regulation 4—Control of refuse

Part 1—Preliminary

1—Short title

These regulations may be cited as the Public and Environmental Health (General) Variation Regulations 2009.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Public and Environmental Health (General) Regulations 2006

4—Variation of regulation 4—Control of refuse

Regulation 4—after subregulation (3) insert:

(4) In order to facilitate compliance with subregulation (2), it is expected that a metropolitan council (within the meaning of the Local Government Act 1999) will provide a weekly kerbside waste collection service in respect of residential premises within its area.



Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.



Made by the Governor

with the advice and consent of the Executive Council

on 17 September 2009

No 237 of 2009

ZWCS09/0002

FAXING COPY?

IF you fax copy to Government Publishing SA for inclusion in the Government Gazette, there is no need to send a Confirmation Copy to us as well.

This creates confusion and may well result in your notice being printed twice.

Please use the following fax number:

Fax transmission: (08) 8207 1040

Phone Inquiries: (08) 8207 1045

Please include a contact person, phone number and order number so that we can phone back with any queries we may have regarding the fax copy.



NOTE: Closing time for lodging new copy (fax, hard copy or email) is 4 p.m. on Tuesday preceding the day of publication.

Government Gazette notices can be E-mailed.

The address is:

governmentgazette@dpc.sa.gov.au

Documents should be sent as attachments in Word format.

When sending a document via E-mail, please confirm your transmission with a faxed copy of your document, including the date the notice is to be published.

Fax transmission: (08) 8207 1040

Enquiries: (08) 8207 1045

NOTE: Closing time for lodging new copy (fax, hard copy or email) is 4 p.m. on Tuesday preceding the day of publication.

CITY OF CHARLES STURT



Declaration of Public Roads

NOTICE is hereby given that the Council of the City of Charles Sturt, at its meeting held on 14 September 2009, resolved that pursuant to section 210 of the Local government act 1999, that the private roads in Renown Park, namely McQuillan Avenue, Cavan Avenue, St Johns Avenue, St Johns Avenue South, Swan Court and Baker Street, be declared as public roads.

A plan which delineates the roads which are subject to the declaration as public roads, together with a copy of the Council’s resolution is available for inspection at the Council’s Civic Centre, 72 Woodville Road, Woodville, S.A. 5011, during the hours of 9 a.m. and 5 p.m. on weekdays.

M. Withers, Chief Executive Officer

CITY OF CHARLES STURT

Declaration of Public Road

NOTICE is hereby given that the Council of the City of Charles Sturt, at its meeting held on 14 September 2009, resolved that pursuant to section 219 (1) of the Local Government Act 1999, that the name of Albert Parade, Semaphore Park be formally changed to Edward Parade, Semaphore Park.

A plan which delineates the section of road which is subject to the change of name, together with a copy of the Council’s resolution is available for inspection at the Council’s Civic Centre, 72 Woodville Road, Woodville, S.A. 5011, during the hours of 9 a.m. and 5 p.m. on weekdays.

M. Withers, Chief Executive Officer

CITY OF NORWOOD PAYNEHAM & ST PETERS

Amendment of Community Land Management Plan for Norwood Memorial Gardens

NOTICE is hereby given, pursuant to Chapter 11 of the Local Government Act 1999, that at the Council meeting held on


7 September 2009, the Corporation of the City of Norwood Payneham & St Peters adopted the proposal to amend the Memorial Gardens Community Land Management Plan.

A copy of the plan is available from the Norwood Town Hall, 175 The Parade, Norwood, S.A. 5067, or may be viewed on the Council’s website.

M. Barone, Chief Executive Officer

CITY OF WHYALLA

By-Law Made Under the Local Government Act 1999

By-law No. 8—Boat Harbours and Facilities

TO regulate the use of harbours, boat ramps and lands adjacent thereto which are under the care, control and management of the Council or its agents.

1. Definitions

In this by-law:

1.1 ‘Annual permit’ means a permit purchased from the Council authorising the launch of one craft at a boat ramp, and is valid until the next 31 July. The craft for which the permit is issued may be launched as often as necessary without incurring additional launch fees for the duration of the permit.

1.2 ‘Authorised person’ means a person appointed an authorised person pursuant to Section 260 of the Local Government Act 1999.

1.3 ‘Boat Harbour’ means Area 2 and Area 2A as defined under Whyalla in Schedule 5 to the Harbors and Navigation Regulations 1994, or any other areas wholly within, and adjacent to the coastline of, the area of the Council owned by, or under the care, control and management of the Council, whether or not covered by water, similarly constructed for the launching or mooring of sea craft.

1.4 ‘Boat ramp’ means a facility constructed, maintained and operated for the launching and retrieval of a boat, yacht or other seagoing craft.

1.5 ‘Council office’ means the office of the Council located in Darling Terrace, Whyalla, in the state of South Australia.

1.6 ‘Short term ticket’ means a ticket purchased from a vending machine located at the boat ramp, valid for one launch of any one craft at the boat ramp within 12 hours from the time of purchase, unless the craft remains on the water for a longer period.

1.7 ‘Ticket’ means either an annual permit or a short term ticket.

2. Boat Ramp Usage

2.1 No person shall use a Boat ramp to which a sign or signs are displayed without having first purchased a ticket. One ticket applicable per launch.

2.2 Council shall prescribe a fee at least once in each financial year for a ticket to use a Boat ramp.

2.3 An Annual permit may be purchased for a fee from the Council office for which the conditions of use are attached and applicable.

2.4 A Short term ticket may be purchased from the vending machine(s) located at or near a Boat ramp. A current ticket must be clearly displayed on the dash of all vehicles used to launch or retrieve a boat or towing a boat trailer from the time that the boat is launched until the boat is retrieved.

2.5 Council may erect signs or notices stating the fee and the location of the ticket vending machine(s).

2.6 Upon request of an authorised person, any person about to use, using or having used a Boat ramp, must produce a ticket purchased prior to the request in compliance with these by-laws.

2.7 Council may exempt organisations involved in search and rescue at sea from the requirement to purchase a ticket.

2.8 Council may by resolution and the erection of a sign or signs restrict the use of special areas or Boat ramps to either commercial or recreational use, or prohibit their use.

2.9 No person shall allow any vehicle, boat, yacht or other seagoing craft to remain stationary on any Boat ramp longer than is necessary to launch or retrieve a boat.

3. Offence

Any person using a Boat ramp without having first obtained a ticket commits an offence.

4. Boat Harbours

No person shall without permission:

4.1 anchor or moor a boat in a Boat Harbour, except where:

4.1.1 the boat has just arrived at a Boat Harbour by sea; and

4.1.2 the person in charge of the boat immediately seeks permission to anchor or moor the boat in the Boat Harbour; and

4.1.3 if permission is refused, the boat must be immediately removed from the Boat Harbour;

4.2 interfere with any of the moorings in a Boat Harbour;

4.3 move or remove any rock from the breakwaters of a Boat Harbour, or throw or place any rock, stone or other object in the waters of a Boat Harbour;

4.4 anchor or moor a boat in the vicinity of the entrance or so as to obstruct the entrance to a Boat Harbour;

4.5 remain or sleep overnight on any boat in a Boat Harbour for more than three consecutive nights;

4.6 throw, discharge or place any marine offal or waste, sewage, food waste or other rubbish of any kind, into the waters or surrounds of a Boat Harbour;

4.7 fish, swim, dive, scuba dive or snorkel in a Boat Harbour or conduct or participate in any water sport in a Boat Harbour;

4.8 handle any fuel or dangerous or flammable substance in such a manner that may expose a person or property to danger; or

4.9 do or omit to do any act in a Boat Harbour which has the effect of endangering other persons or boats.

5. Offence

It is an offence for any person not to comply with all conditions of a Boat Harbour and its use.

6. Removal of Persons, Boats, Yachts, other Seagoing Craft and Objects

6.1 If any person, boat, yacht, other seagoing craft or object is found on any part of a Boat Harbour, a Boat ramp or land adjacent thereto that is under the care, control and management of the Council or its agents, in breach of a by-law:

6.1.1 the person in charge of the person, boat, yacht other seagoing craft or object shall forthwith remove it from the Boat Harbour, boat ramp or land adjacent thereto upon the request of an authorised person; and

6.1.2 any authorised person may remove the boat, yacht, other seagoing craft or object from the Boat Harbour, boat ramp or land adjacent thereto if the person fails to comply with the request, or if the person in charge of it cannot be located.

6.2 An authorised person may direct any person who is considered to be committing or has committed a breach of this by-law to leave that part of a Boat Harbour, a boat ramp or land adjacent thereto. Failure to comply with that direction forthwith is a breach of this by-law.

6.3 If a person has placed a boat, yacht, other seagoing craft or object in a Boat Harbour, on a boat ramp or land adjacent thereto without lawful authority or without permission, or has apparently abandoned the same thereon, the Council may remove it. It will be stored for a period of thirty days and if the item is not claimed and all expenses incurred by the Council in its removal and storage are paid the Council may dispose of it in any way it sees fit and any proceeds will be applied firstly in satisfaction of the costs incurred by the Council in removal, storing and disposing of the boat, yacht, other seagoing craft or object and any remaining funds will be forwarded to the person in charge of it.

This foregoing by-law was duly made and passed at a meeting of the Corporation of the City of Whyalla held on 1 September 2009, by an absolute majority of the members for the time being constituting the Council, there being at least two-thirds of the members present.



P. Cameron, Chief Executive Officer

CITY OF WHYALLA

By-Law Made Under the Local Government Act 1999

By-law No. 9—Foreshore

FOR the management of Local Government land comprising the beach and foreshore under the care, control and management of the Council.

1. Definitions

In this by-law:

1.1 ‘Emergency vehicle’ has the same meaning as in the Australian Road Rules 1999 and the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999.

1.2 ‘Foreshore’ means the area between the low water mark on the seashore and the nearest boundary of:

1.2.1 a road;

1.2.2 a section;

1.2.3 a public reserve; or

1.2.4 land comprised in a land grant, Crown Land or Crown License.

1.3 ‘Horse’ includes pony, mule and donkey.

1.4 ‘Liquor’ has the same meaning as defined in the Liquor Licensing Act 1997.

1.5 ‘Low water mark’ means the lowest meteorological tide.

1.6 ‘Open Public Water’ means any stream, river, creek or sea within the foreshore.

1.7 ‘Vehicle’ has the same meaning as in the Australian Road Rules 1999 with the exception of paragraph 4 of this by-law where vehicle will have the same meaning as in the Australian Road Rules 1999 excluding horses.

2. Prohibited Activities

No person shall on the Foreshore:

2.1 Ablutionary Facilities

In any ablutionary facility:

2.1.1 urinate other than in a urinal or pan or defecate other than in a pan for the purpose;

2.1.2 smoke tobacco or any other substance;

2.1.3 deposit anything in a pan, urinal or drain that is likely to cause a blockage or damage to the facility or any drain, pipe or property associated with the facility;

2.1.4 use the ablutionary facilities for a purpose for which it was not designed or constructed;

2.1.5 enter any ablutionary facilities that is set aside for the use of the opposite sex except for:

2.1.5.1 a child under the age of 10 years accom-panied by an adult person;

2.1.5.2 providing assistance to a disabled person;

2.1.6 deface, or make use of a facility other than for its proper purpose or cause any unsanitary or unclean condition in any ablutionary facility or any apparatus, fixtures or fittings therein.

2.2 Annoyances

Jump, dive, propel or throw any person(s) or object from any structure, in any open public water or conduct him or herself in such a manner that may annoy others, unreasonably interfere with the lawful activities of others, endanger the public, or cause any inconvenience to any other persons by making a noise or creating a disturbance, unless authorised by the Council.

2.3 Fires

Light any fire within a sand dune, coastal slope or coastal cliff except:

2.3.1 in a place provided by the Council for that purpose; or

2.3.2 in a portable barbeque as long as the barbeque is used in an area that is clear of flammable material for a distance of four metres; and

2.3.3 in accordance with the provisions of the Fire and Emergency Services Act 2005.

2.4 Glass

Wilfully break glass, china or other brittle material.

2.5 Interference with Permitted Use

Interrupt or disrupt or interfere with any other person’s use of the Foreshore for which permission has been granted.

2.6 Sand Dunes, Pebble Dunes, Coastal Slopes and Cliffs

2.6.1 Carry out any activity that may damage or threaten the integrity of sand dunes, pebble dunes, coastal slopes or cliffs; or

2.6.2 Introduce non-indigenous flora or fauna or dump any material in a sand dune or pebble dune.

2.6.3 destroy, remove or cause interference to any vegetation, whether living or dead, on or within a sand dune, coastal slope or coastal cliff.

2.7 Use of Equipment

Use or occupy any appliance, equipment, structure of property belonging to the Council other than for the purpose and in the manner for which it was designed or constructed, intended to be used or in such a manner as is likely to damage or destroy it.

2.8 Waste

2.8.1 deposit or leave:

2.8.1.1 anything obnoxious or offensive;

2.8.1.2 any offal, dead animal, dung or filth; or

2.8.1.3 any mineral, mineral waste, industrial waste or bi-products.

2.8.2 deposit any rubbish other than in receptacles provided by the Council for that purpose;

2.8.3 deposit in any receptacle any rubbish emanating from domestic or trade purposes, unless designated by a sign or signs.

3. Activities Requiring Permission

No person shall without permission on the Foreshore:

3.1 Alcohol

Consume or possess or be in charge of any liquor in areas to which this paragraph applies.

3.2 Animals

3.2.1 Allow or suffer any animal under his or her control to swim or bathe in the sea or any other open public water to the inconvenience, annoyance or danger of any other person bathing or swimming;

3.2.2 take any Horse or Camel onto or allow it to remain on the Foreshore or to bathe in any Open Public Water except between the hours of midnight and 9 a.m. and then only in such areas of the Foreshore as the Council may by resolution direct; or

3.2.3 drive or exercise any horse in such a manner as to endanger the safety of any person thereon.

3.3 Bathing

In the sea or other open public water adjacent to the land:

3.3.1 swim or bathe within 5 m of any jetty; or

3.3.2 swim or bathe at a time when swimming or bathing in that place has been prohibited by resolution of the Council (for the reasons of public safety) as indicated by a sign or signs displayed on the land.

3.4 Camp

Camp or stay overnight.

3.5 Charge Admission

Charge admission or seek payment for entering the Foreshore.

3.6 Conducting Events, etc.

Conduct or hold any event, concert, festival, show, public gathering, meeting, performance or any similar activity.

3.7 Dogs on Foreshore

Between the hours of 6 a.m. and 9 p.m. on any day during the period of daylight saving in a place to which this sub-paragraph applies as cause, suffer or permit any dog under that person’s control charge or authority to be or remain on the foreshore unless such dog is restrained by a strong leash not exceeding 2 m in length and either tethered securely to a fixed object or held by a person capable of controlling the dog and preventing it from being a nuisance or a danger to other persons.

3.8 Dressing Sheds

Use any dressing shed or enclosure for other than the purpose of changing into or from bathing garments, or remain there for longer than is necessary for that purpose.

3.9 Erection of Signs

Erect or display any sign, hoarding or notice unless in compliance with Council By-law No. 4—Moveable Signs.

  3.10 Fires

Light any fire except:

3.10.1 in a public place provided by the Council for that purpose; or

3.10.2 in a portable barbecue as long as the barbecue is used in an area that is clear of flammable material for a distance of 4 m; and

3.10.3 in accordance with the provisions of the Fire and Emergency Services Act 2005.

  3.11 Fishing

3.11.1 Cast a fishing line or keep a fishing line in the water from any beach while there are other persons in the waters in the vicinity of the fishing line; or

3.11.2 cast a fishing line, net or trap to catch water creatures in areas to which this sub-paragraph applies.

  3.12 Jetties

3.12.1 Jump or dive from a jetty into water or onto a beach; or

3.12.2 tie or affix any water craft to a jetty; or

3.12.3 after being requested to leave a jetty by an authorised officer for an alleged offence, come back onto the jetty within 24 hours of the request being made.

  3.13 Missiles

Throw, roll or discharge any stone, substance or missile to the danger of any person or animal therein.

  3.14 Moorings

Enter or be on any mooring or mooring area unless with the consent of the person who has the right to use the mooring or mooring area to moor a vessel or enter a mooring area to which permission is required and is generally closed to the general public.

  3.15 Removal of Sand

Remove, clear or destroy any sand, seaweed, soil, rocks, minerals, vegetation or shells.

4. Directions

4.1 Every person shall comply with any reasonable direction or request from an authorised person relating to:

4.1.1 that person’s use of the foreshore;

4.1.2 that person’s conduct and behaviour on the foreshore;

4.1.3 that person’s safety on the foreshore;

4.1.4 the safety and enjoyment of the foreshore by other persons; and

4.1.5 the person entering or remaining in an area of the Foreshore in circumstances where that person has been known to misbehave in this area.

5. Exemptions

The restrictions in this by-law do not apply to any Police Officer, Council Officer or employee acting in the course and within the scope of that person’s normal duties, or to a contractor while performing work for the Council and while acting under the supervision of a Council Officer, or an emergency worker when driving an emergency vehicle.

6. Application of Paragraph

Any of subparagraphs 3.1, 3.2.2 and 3.11.2 of this by-law shall apply only in such portion or portions of the Foreshore as the Council may by resolution direct in accordance with section 246 (3) (e) of the Local Government Act 1999.

This foregoing by-law was duly made and passed at a meeting of the Corporation of the City of Whyalla held on 1 September
2009, by an absolute majority of the members for the time being constituting the Council, there being at least two-thirds of the members present.

P. Cameron, Chief Executive Officer

TOWN OF WALKERVILLE

Development Act 1993

Walkerville (C.T.) Development Plan

Draft General and Residential Development Plan Amendment Public Consultation

NOTICE is hereby given that the Town of Walkerville is seeking to amend its Development Plan by proposing to:

• Convert the Development Plan to the new Better Develop-ment Plan format.

• Refine and improve the content, clarity and structure of the policies within the Residential zone and policy areas previously not amended by the recent Heritage Places and Areas Planning Amendment Report.

• Introduce a Residential Character Zone which encompasses and reinforces the existing Historic (Conservation) Policy Areas while also providing additional policies for areas which are considered to have valuable character.

• Rezone a portion of the Residential Zone on North East Road to Mixed Use Zoning to better reflect the range of uses and introduce additional residential policies within this zone.

• Rezone the Commercial Zone to Local Centre Zone to better reflect the existing and desired land-uses.

• Rezone land in the existing Educational Zone to a Residential Zone to provide a consistent policy approach to schools throughout the Council area.

The Town of Walkerville pursuant to sections 24 and 25 of the Development Act 1993, has prepared a Development Plan Amendment Report (DPA) to amend its Development Plan.

The DPA report will be on public consultation from Thursday, 17 September 2009 until 5 p.m. on Tuesday, 17 November 2009.

The draft DPA is available for public inspection during normal office hours at the Council Office, 66 Walkerville Terrace, Gilberton and may be viewed on Council’s website at www.walkerville.sa.gov.au from Thursday, 17 September 2009. Copies of the DPA can be purchased from the Council office at $14 each.

Copies of the DPA report are available during normal office hours at the Council Office, 66 Walkerville Terrace, Gilberton. Alternatively the DPA report can be viewed on Council’s website at www.walkerville.sa.gov.au and at the Walkerville Library, 62 Walkerville Terrace, Gilberton, Monday, Tuesday and Friday from 9.30 a.m. to 5 p.m., Wednesday from 9.30 a.m. to 8 p.m., Saturday from 9.30 a.m. to 12 p.m. and Sunday from 2.30 p.m. to 5 p.m.

Written submissions regarding the DPA should be submitted no later than 5 p.m. on Tuesday, 17 November 2009. All submissions should be addressed to the Chief Executive Officer, Town of Walkerville, P.O. Box 55, Walkerville, S.A. 5081 and should clearly indicate whether you wish to be heard in support of your submission at the public hearing. If you wish to lodge your submission electronically, please email it to:

DPA@walkerville.sa.gov.au.

Copies of all submissions will be available for inspection at the Council Office, 66 Walkerville Terrace, Gilberton, from Wednesday, 18 November 2009, until the conclusion of the public hearing.

A community information session will be held on Monday, 12 October 2009 at 6:15 p.m. at Council’s Town Hall, 66 Walkerville Terrace, Gilberton to give people the opportunity to find out more about the draft DPA and to ask questions.

A public hearing will be held on Monday, 7 December 2009, as part of Council’s ordinary Council meeting at 7 p.m. at Council’s Civic Centre, 66 Walkerville Terrace, Gilberton. At this time interested persons may be heard in relation to the DPA and the submissions. The public hearing will not be held if no submissions are received or if no submission makes a request to be heard.

If you would like further information about the DPA, contact Council on 8344 7711 or by email DPA@walkerville.com.au.

Dated 17 September 2009.

K. Magro, Chief Executive Officer

ALEXANDRINA COUNCIL

By-law Made Under the Local Government Act 1999

Erratum

IN Government Gazette dated 10 September 2009 on pages 4438-4446, due to a typographical error, the name appearing at the bottom of By-laws 1 to 4, should have read J. Coombe, Chief Executive.

Notice is also given that due to typographical errors, By-laws 5 and 6 previously appearing in the Government Gazette on 10 September 2009, pages 4446-4448, are being Republished.

[republished]

ALEXANDRINA COUNCIL

By-law Made Under the Local Government Act 1999

By-law No. 5 of 2010

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

Part 1—Preliminary

1. Title

This by-law may be cited as the Dog By-law 2010 and is By-law No. 5 of the Alexandrina Council.

2. Authorising Law

This by-law is made under section 90 (5) of the Dog and Cat Management Act 1995, sections 238 and 246 of the Act, and subsection 667 (1), 9.xvi of the Local Government Act 1934, as amended.

3. Purpose

The objects of this by-law are to control and manage dogs in the Council area:

3.1 to reduce the incidence of environmental nuisance caused by dogs;

3.2 to promote responsible dog ownership;

3.3 to protect the convenience, comfort and safety of members of the public; and

3.4 for the good rule and government of the Council area.

4. Commencement, Revocation and Expiry

4.1 The following by-laws previously made by the Council are revoked from the day on which this by-law comes into operation1:

4.1.1 Dogs By-law.2

4.2 This by-law will expire on 1 January 2017.3

Note:


1 Generally a by-law comes into operation four months after the day on which it is gazetted: section 249 (5) of the Act.

2 Section 253 of the Act provides that the revocation of a by-law by another by-law that contains substantially the same provisions, does not affect certain resolutions such as those applying a by-law to a part or parts of the Council area.

3 Pursuant to section 251 of the Act, a by-law will expire on 1 January following the seventh anniversary of the gazettal of the by-law.

5. Application

5.1 This by-law operates subject to the Council’s Permits and Penalties By-law 2010.

5.2 Subject to subclause 5.3, this by-law applies throughout the Council area.

5.3 Clauses 9.1.1, 10.1.1 of this by-law only apply in such part or parts of the Council area as the Council may by resolution direct in accordance with section 246 (3) (e) of the Act.

6. Interpretation

In this by-law, unless the contrary intention appears:

6.1 Act means the Local Government Act 1999;

6.2 approved kennel establishment means a building, structure or area approved by a relevant authority, pursuant to the Development Act 1993, for the keeping of dogs on a temporary or permanent basis;

6.3 Council means Alexandrina Council;

6.4 detached dwelling, row dwelling and semi-detached dwelling have the same meanings as in the Development Act 1993;

6.5 dog has the same meaning as in the Dog and Cat Management Act 1995, except that the dog must be three months of age or older; or has lost its juvenile teeth;

6.6 Dog Management Officer and Cat Management Officer is a person appointed by Council as such, pursuant to the Dog and Cat Management Act 1995;

6.7 effective control means a person exercising effective control of a dog either:

6.7.1 by means of a physical restraint; or

6.7.2 by command, the dog being in close proximity to the person and the person being able to see the dog at all times;

6.8 keep includes the provision of food or shelter;

6.9 premises includes land whether used or occupied for domestic or non-domestic purposes except an approved kennel establishment;

  6.10 small dwelling means a self-contained residence that is:

6.10.1 a residential flat building;

6.10.2 contained in a separate strata unit;

6.10.3 on an allotment less than 400-600 m2 in area; or

6.10.4 without a secure yard of at lease 100 m2 in area;

  6.11 working dog means a dog used principally for droving or tending livestock.

Note:

Section 14 of the Interpretation Act 1915, provides that an expression used in this by-law has, unless the contrary intention appears, the same meaning as in the Acts under which the by-laws was made.





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