LOCAL GOVERNMENT ACT 1999

South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 254

254—Power to make orders

(1) A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following table if in the opinion of the council the circumstances specified opposite it in Column 2 of the table exist and the person comes within the description opposite it in Column 3 of the table.

Column 1
To do or to refrain from doing what?

Column 2
In what circumstances?

Column 3
To whom?

2. Hazards on lands adjoining a public place

(1)

To fence, empty, drain, fill or cover land (including land on which there is a building or other structure).

(1)

A hazard exists that is, or is likely to become, a danger to the public.

(1)

The owner or occupier of the land.

(2)

To remove overgrown vegetation, cut back overhanging branches, or to remove a tree.

(2)

The vegetation, branches or tree create, or are likely to create, danger or difficulty to persons using a public place.

(2)

The owner or occupier of the land.

(3)

To remove or modify a flag or banner, a flagpole or sign, or similar object or structure that intrudes into a public place.

(3)

The relevant object or structure creates, or is likely to create, danger or difficulty to persons using a public place.

(3)

The owner or occupier of the land.

(4)

Where the public place is a road—to take action necessary to protect the road or to remove a hazard to road users.

(4)

A situation exists that is causing, or is likely to cause, damage to the road or a hazard to road users.

(4)

The owner or occupier of the land.

Examples—

·

To fill an excavation, or to prevent drainage of water across the road.

·

To construct a retaining wall or to remove or modify a fence.

·

To fence land to prevent the escape of animals.

·

To remove a structure or vegetation near an intersection.

4. Inappropriate use of vehicle

To refrain from using a caravan or vehicle as a place of habitation.

A person is using a caravan or vehicle as a place of habitation in circumstances that—

(a) present a risk to the health or safety of an occupant; or

(b) cause a threat of damage to the environment; or

(c) detract significantly from the amenity of the locality.

The owner or occupier of the land or a person apparently occupying the caravan or vehicle.

Column 1 To do or to refrain from doing what?	Column 2 In what circumstances?	Column 3 To whom?
2. Hazards on lands adjoining a public place
(1)	To fence, empty, drain, fill or cover land (including land on which there is a building or other structure).	(1)	A hazard exists that is, or is likely to become, a danger to the public.	(1)	The owner or occupier of the land.
(2)	To remove overgrown vegetation, cut back overhanging branches, or to remove a tree.	(2)	The vegetation, branches or tree create, or are likely to create, danger or difficulty to persons using a public place.	(2)	The owner or occupier of the land.
(3)	To remove or modify a flag or banner, a flagpole or sign, or similar object or structure that intrudes into a public place.	(3)	The relevant object or structure creates, or is likely to create, danger or difficulty to persons using a public place.	(3)	The owner or occupier of the land.
(4)	Where the public place is a road—to take action necessary to protect the road or to remove a hazard to road users.	(4)	A situation exists that is causing, or is likely to cause, damage to the road or a hazard to road users.	(4)	The owner or occupier of the land.
Examples—
·	To fill an excavation, or to prevent drainage of water across the road.
·	To construct a retaining wall or to remove or modify a fence.
·	To fence land to prevent the escape of animals.
·	To remove a structure or vegetation near an intersection.
4. Inappropriate use of vehicle
To refrain from using a caravan or vehicle as a place of habitation.	A person is using a caravan or vehicle as a place of habitation in circumstances that— (a) present a risk to the health or safety of an occupant; or (b) cause a threat of damage to the environment; or (c) detract significantly from the amenity of the locality.	The owner or occupier of the land or a person apparently occupying the caravan or vehicle.

(2) A reference in the table to an animal or animals includes birds and insects.

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