LOCAL GOVERNMENT ACT 1999 - SECT 4

LOCAL GOVERNMENT ACT 1999 - SECT 4

4—Interpretation

        (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;

"behavioural management policy"—see section 262B(1);

"behavioural standards" means the standards of behaviour to be observed by members of councils published under Chapter 5 Part 4 Division 2;

"Behavioural Standards Panel" or "Panel" means the Behavioural Standards Panel established under Chapter 13 Part A1 Division 2;

"behavioural support policy"—see section 75F(1);

"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;

"building upgrade agreement"—see Schedule 1B clause 2;

"building upgrade charge"—see Schedule 1B clause 2;

"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;

"Commission" or "South Australian Local Government Boundaries Commission means the South Australian Local Government Grants Commission established under the South Australian Local Government Grants Commission Act 1992 ;

"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;

"CPI" means the Consumer Price Index (All Groups Index for Adelaide) published by the Australian Bureau of Statistics;

"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 council" means a council constituted as a district council;

"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;

"integrity provision" means—

            (a)         in relation to members of councils—a provision of Chapter 5 Part 4 Division 1; or

            (b)         in relation to employees of councils—a provision of Chapter 7 Part 4 Division 1;

"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;

"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;

"mobile food vending business" means a business involving the sale of food or beverages from a vehicle (within the meaning of the Road Traffic Act 1961 );

"moveable sign" means a moveable advertisement or sign;

"municipal council" means a council constituted as a municipal council;

"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;

"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"—see subsection (1aa);

"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;

"registered industrial association" means an industrial association or organisation registered under a law of the State or of the Commonwealth;

"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, step parent or remoter lineal ancestor; or

            (c)         a child, step child or remoter descendant; or

            (d)         a sibling or step sibling; or

            (e)         any member of the person's family who resides in the person's household;

"relevant audit and risk committee" means—

            (a)         in relation to a council that has, with 1 or more other councils, established a regional audit and risk committee—the regional audit and risk committee; or

            (b)         in relation to any other council—the council audit and risk committee;

"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;

"SACAT" means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 ;

"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;

"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; or

            (c)         without limiting paragraph (b), accommodation provided by a community housing provider registered under the Community Housing Providers National Law that is incorporated on a not-for-profit basis for the benefit of the public, other than accommodation provided by such a body—

                  (i)         that has as a principal object of the body the provision of housing for members of the body; or

                  (ii)         that is excluded from the ambit of this paragraph by the Minister by notice published in the Gazette;

"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).

        (1aa)         For the purposes of this Act, "public notice" is given if—

            (a)         notice is published—

                  (i)         in the Gazette; and

                  (ii)         —

                        (A)         in the case of a notice to be published by a council—on a website determined by the chief executive officer; or

                        (B)         in the case of a notice to be published by another person or body—on a website determined by the person or body; and

            (b)         notification of the fact of publication of the notice and the website address at which the notice is available for inspection is published in a newspaper circulating within the area of the relevant council.

        (1a)         For the purposes of paragraph (c) of the definition of "supported accommodation" in subsection (1)—

            (a)         a body will not be regarded as incorporated on a not-for-profit basis—

                  (i)         if a principal or subsidiary object of the body is—

                        (A)         to secure a pecuniary profit for the members of the body or any of them; or

                        (B)         to engage in trade or commerce; or

                  (ii)         if the constitution or rules of the body provide that the surplus assets of the body on a winding-up are to be distributed to its members or to another body that does not have identical or similar aims or objects; and

            (b)         the Minister may, by notice in the Gazette, vary or revoke a notice that has been previously published in the Gazette under that paragraph.

        (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.