Amendment By-Law 2023

Council has the general power to make by-laws for the good rule and government of the local area as well as the convenience, comfort and safety of its community.

Council by-laws cover a huge range of things, such as pets, signage and waste. Standard by-laws cover the same general topics regulated by most councils.

For example, an important task of local government is to effectively manage activities being undertaken on public roads, streets and footpaths and regulate many activities that take place in our community reserves.

Council cannot make by-laws about anything and everything as the scope of Council’s by-law making powers is limited by the Local Government Act 1999.

Any by-law must also avoid any unreasonable duplication or overlap with other legislation.

Legislation requires that Local Government by-laws are renewed every seven years. The changes that have been proposed are mostly minor amendments that have been made to reflect feedback received from our community and elected members during the operation of the current by-laws to enhance their clarity and ease of application.

The Parliament of South Australia, through its Legislative Review Council (LRC), approved the by-laws, and they became operational as of January 1, 2023. However, it was recommended that Council undertake two amendments within a year.

The Legislative Review Council recommended the following two amendments in all current by-laws within a year:

• The Amendment By-Law replaces all references in existing by-laws from 'he' or 'she' to 'they' or 'them'.
• The Amendment By-Law adds the word 'reasonable' to any direction given by an authorised officer in administering a by-law.

A copy of the proposed by-law amendment, highlighting the changes, can be found in the Document Library above this FAQS.

As part of the amendment process, Council is actively seeking community feedback.

You have the opportunity to contribute your concerns, considerations, or questions until Thursday, June 22. There are three convenient ways to provide your input:

1. Navigate to the 'Written Submissions' section located on the right side of the page.

2. Send an email to admin@prospect.sa.gov.au.

3. Mail your feedback to City of Prospect, PO Box 171, Prospect 5082.

4. Hand-deliver your submission to Payinthi at 128 Prospect Road, Prospect.

No, feedback received regarding the Amendment By-Law will not alter the operation or administration of existing by-laws. The focus is solely on the proposed changes and their impact, rather than modifying the current by-laws.

While community feedback may not result in immediate changes to the Amendment By-Law, it is important to value public opinion as it fosters self-education and awareness. Public input contributes to a more informed and inclusive decision-making process.

No, community feedback will not directly change the Amendment By-Law. The purpose of seeking feedback is to gather public opinions and perspectives, which can foster self-education and awareness about the topic.