City of Burnside (Miscellaneous) Amendment By-law 2026

At their meeting on 21 April 2026, Council reviewed the results of this community engagement and resolved:

That Council:

Receives and notes the report.
Pursuant to Section 246 of theLocal Government Act 1999,there being at least two-thirds of the members of Council present, and having considered the draft City of Burnside (Miscellaneous) Amendment By-law 2026 (Attachment 1 to Report No 2026-222), Council makes the By-law.
In light of the National Competition Policy and the associated report (Attachment 3 to Report No 2026-222), Council makes the By-law in exercise of the powers contained in theLocal Government Act 1999and theLegislation Interpretation Act 2021(formerly theActs Interpretation Act 1915).
Authorises the Chief Executive Officer to:
1. sign the By-law as made by Council;
2. publish notice of the making of the By-law ina newspapercirculating within the area in accordance with Section 249(7) of theLocal Government Act 1999;and
3. arrange for the By-law to be published in the South Australian Government Gazette;
Adopts the report to the Legislative Review Committee on the By-Law (Attachment 4 to Report No 2026-222) and authorises it to be signed by the Chief Executive Officer on behalf of Council.
Authorises the Chief Executive Officer to arrange for the By-law and all other necessary documentation to be provided to the Legislative Review Committee.

Carried

C42026/14136

*****

At its meeting on 19 August 2025, Council resolved to make By-laws No. 1 – 7 following a community engagement process as part of a seven year review of these laws. These By-laws came into effect on 28 December 2025.
Subsequently, the Legislative Review Committee identified minor drafting errors in four of these By-laws. To make these amendments, a new City of Burnside (Miscellaneous) Amendment By-law 2026 will need to be made.
Council sought community feedback on the proposed new by-law to allow the amendment of four Council by-laws including the:

Local Government Land By-law 3, 2025;
Dogs By-law 5, 2025;
Waste Management By-law 6, 2025; and
Lodging Houses By-law 7, 2025.

This new by-law would allow for the changes and will then expire 24 hours after it comes into operation in accordance with the Local Government Act 1999.

What are the amendments?
Local Government Land By-law No. 3:
The definition of "animal" does not exclude dogs, potentially restricting dogs on local government land without Council permission and conflicting with the Dog and Cat Management Act 1995. This issue also exists in the 2018 By-law.
Dogs By-law No. 5:
Clause 9.2 references a non-existent Clause 4.2.1, making the provision ineffective for declaring dog-free areas under section 246 of the Act.
Waste Management By-law No. 6:
Clause 5.7.1 is grammatically unclear, risking unenforceability. The Committee has proposed a revised version for clarity.
Lodging Houses By-law No. 7:
Clause 19.1.1 contains a longstanding grammatical error, affecting licensing decisions. The error has existed since the By-law’s inception.

Background

Council by-laws are local laws established by councils to deal with issues specific to the relevant council area and to manage the convenience, comfort and safety of the community.
The City of Burnside has seven by-laws that specifically address issues identified as requiring Council management and resourcing.
Council’s by-laws include:
By-law No. 1 - Permits and Penalties
To provide for a permit system, to fix maximum and continuing penalties for breaches of Council by-laws, to clarify the construction of such by-laws and to repeal by-laws.
By-law No. 2 - Moveable Signs
To protect visual amenity and public safety on roads and footpaths by setting standards for moveable signs and regulating their appearance and placement in a manner which recognises the advertising needs of businesses to maximise economic viability.
By-law No. 3 - Local Government Land
For the management and regulation of the use of and access to local government land owned by, or under the care, control and management of, the Council (other than streets and roads), including the prohibition and regulation of particular activities on such local government land.
By-law No. 4 - Roads
For the management, control and regulation of activities on roads in the Council's area.
By-law No. 5 - Dogs
To limit the number of dogs kept on premises and for the management and control of dogs in the Council's area.
By-law No. 6 - Waste Management
To regulate and control the removal of domestic, recyclable and green organic waste from premises, for the prevention and suppression of nuisances, and for regulating the management of Council property.
By-law No. 7 - Lodging Houses
For controlling, licensing, inspecting, and regulating lodging houses.