Local Orders Policy
The Local Government Act, 1993 provides council enforcement staff with the regulatory tools to deal with issues that have a detrimental impact on individuals or the community.
Sections 124 and 125 of the Act gives council authority to serve specific Orders, depending on the circumstances, and to whom they can be served.
When can an Order be issued?
Before issuing any order council is required to take into consideration any criteria included in its Local Orders policy.
Purpose of the Policy
The purpose of the Local Orders Policy is to supplement provisions of the Local Government Act, 1993 and the Local Government (General) Regulation, 2005 by specifying the criteria which Council must take into consideration in determining whether or not to give an Order under Sections 124 or 125 of the Local Government Act 1993.
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Aims of the Policy
The Local Orders Policy aims to:
- promote an integrated framework for dealing with Orders
- ensure consistency and fairness in the manner in which the council deals with Orders
- encourage and assist effective participation of local communities in decision-making
- make the council's policies and requirements for Orders readily accessible and understandable to the public
- assist council to fully pursue its charter under Section 8 of the Act
- apply common or consistent requirements and procedures to all types of Orders
- establish a system of community participation which can effectively resolve disputes and conflicts as they arise
- use straight forward English and explanatory notes throughout the text of the policy
- apply the principles of natural justice in the consideration of representation made by affected persons.
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Types of orders that may be applied
The Local Orders Policy allows council to apply the following Orders.
Under Section 124 (Local Government Act, 1993):
- Order Nos. 5 (a), (b), (c), (d), (e) & (f) - Action necessary for compliance with relevant standards of the Act
- Order No 7 - To fence land
- Order No. 8 - Identification of premises
- Order No. 9 - Fence, empty, fill or cover hole or waterhole
- Order No. 10 - Remove or stack articles, erect fences or screens, plant trees
- Order No. 11 - Prevent or repair environmental damage
- Order No. 12 - Control flow of surface water across land
- Order No. 15 - Not conduct or cease conducting activity on premises
- Order No. 16 - Cease the use or evacuate premises
- Order No. 17 - Leave premises or not enter premises
- Order No. 18 - Not keep birds or animals on premises contrary to the manner specified by council
- Order No. 19 - Use or not use a tennis court as specified
- Order No. 20 - Keep premises, vehicles or articles used in association with food in a clean or sanitary condition
- Order No. 21 - Land or premises kept in a safe and healthy condition
- Order No. 22 - Store, treat, process, collect, remove, dispose of or destroy waste on land or premises
- Order No. 24 - Connect premises with sewerage system by specified date
- Order No. 25 - Not use or permit human waste storage facility on premises after specified date
- Order No. 27 - Remove an object or matter from a public place
- Order No. 28 - Take steps to prevent damage to a public place and repair damage to public place
- Order No. 29 - Alter or repair a work or structure on, over, or under a public place
- Order No. 30 - Comply with an approval.
Under Section 125 (Local Government Act, 1993):
- To abate a public nuisance or order a person to abate a public nuisance.
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Commencement of the Policy
The Local Orders Policy 2006 was adopted by council on 26 June 2006 (Minute No. ENV064-06) and became effective (in force) on that day.
Adoption of the Policy was publicly notified in the St George and Sutherland Shire Leader newspaper on 11 July 2006.
This Local Orders Policy was prepared and adopted under Chapter 7, Schedule 7, Part 3 of the Local Government Act 1993 ("the Act") and the Local Government General Regulation 2005.
Download the Local Orders Policy
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