Local nuisance is defined broadly under section 17 of the Local Nuisance and Litter Control Act 2016 (SA).

It includes any adverse (negative) effect on the amenity value (agreeableness) of the area caused by any of the following things which unreasonably interfere, or are likely to interfere unreasonably, with the enjoyment of the area by people within the area:

Local nuisance also includes:

Authorised officers

Authorised officers are responsible for enforcement of the Local Nuisance and Litter Control Act 2016 (SA) and are authorised to make decisions about what constitutes a local nuisance under the Act.

An authorised officer includes specifically appointed council officers and employees. In addition, all police officers are authorised officers [s 12].

Powers of authorised officers

Authorised officers may inspect any premises or vehicle at any reasonable time for any purpose connected with administering or enforcing the Act [s 14(1)].

Where an authorised officer reasonably suspects that a person has committed, or is committing or about to commit, an offence against the Act they may require them to provide their full name and residential address and provide proof of their identity and to answer any question that may be relevant to the administration or enforcement of the Act [s 14(1)(c) & (d)].

Authorised officers may also give directions to stop or move a vehicle [s 14(1)(e)].

Authorised officers may only use reasonable force to enter any premises or vehicle or to open an item in a vehicle or on premises if they have a court-issued search warrant [s 14(3)]. An application for a warrant cannot be made to a justice who is a member, officer or employee of a council. Before a warrant is issued the magistrate or justice must be satisfied that there are reasonable grounds to suspect an offence has been committed (or is about to be committed) or that the warrant is reasonably required under the circumstances [s 14(4)].

In the course of any inspection conducted on a vehicle or premises authorised officers may do the following under section 14(1)(b) of the Act:

A vehicle owner, property owner or occupier must provide such assistance to an authorised officer as is reasonably required to facilitate the inspection [s 14(5)].

Offences

It is an offence to hinder or obstruct an authorised officer, or person assisting an authorised officer, whilst exercising their powers under the Act. It is also an offence to use abusive, threatening or insulting language, refusing or failing to comply with a requirement or direction made by an authorised officer, failing to answer a question, and impersonating an authorised officer [s 14(6)]. The maximum penalty for these offences is $10,000.

It is an offence for an authorised officer, or a person assisting an authorised officer, to use offensive language or, without lawful authority, hinder or obstruct or use or threaten to use force in relation to any other person. The maximum penalty is $10,000.

Penalties

It is an offence under the Act to carry on an activity that creates a local nuisance [s 18]. The definition of “carrying on an activity” includes a failure to act. The occupier or person in charge of a place from which the activity has occurred will be taken to have “carried on” the activity.

There are two levels of offence which are distinguished by whether there was an intention or disregard as to the impact of the activity or not.

Intentionally or recklessly carrying on an activity with knowledge that local nuisance will result attracts a maximum penalty of $30,000 for an individual ($60,000 for a body corporate) [s 18(1)].

Carrying on an activity that results in local nuisance attracts a maximum penalty of $10,000 for an individual (with an expiation fee of $500). In the case of a body corporate the maximum penalty is $20,000 (with an expiation fee of $1,000) [s 18(2)].

It is also an offence if a person fails to comply with a request from an authorised officer to:

The maximum penalty is $5,000 (with an expiation fee of $210 for an individual and $500 for a body corporate) [s 20].

Vehicle Owner Liability

If an activity causing local nuisance is undertaken in, at or from a vehicle, or in connection with the use of a vehicle, and the activity results in an offence, then the owner of the vehicle may be guilty of an offence and is liable for penalty and expiation [s 26].

Nuisance abatement notices

The Minister for Climate, Environment and Water or a council may issue a written Nuisance Abatement Notice to a person causing a nuisance [s 30].

These notices impose certain requirements upon a person in order to rectify a situation and secure compliance.

The nuisance abatement notice may require a person to do certain things, including:

It is an offence to fail to comply with such a notice without reasonable excuse. The maximum penalty for a body corporate is $60,000 and for an individual is $30,000. The expiation fee for a body corporate is $1,000 and for an individual is $500 [s 30(9)].

If the requirements of a nuisance abatement notice are not complied with, the Minister or council may take any action required by the notice [s 31(1)]. An authorised person taking such action may enter any relevant premises or vehicle at any reasonable time [s 31(4)]. The reasonable costs and expenses incurred by the Minister or a council in taking action under this section may be recovered as a debt from the person who failed to comply with the requirements of the notice [s 31(5)].

A council that has collected material causing a local nuisance may dispose of it or sell it to offset its costs. This material is not subject to the Unclaimed Goods Act 1987 (SA).

Registration of nuisance abatement notice in relation to land

Councils, or the Minister, may apply to the Registrar-General to register nuisance abatement notices to the land [s 30A]. The registered notice is binding on each owner and occupier of that land, and if an owner or occupier ceases to own or occupy the land they must, as soon as reasonably practicable, notify the council in writing of the name or address of the new owner or occupier [s 30A(6)].

Local Nuisance Exemptions

Councils may grant a local nuisance exemption upon application [s 19]. Examples of activities for which an exemption may be declared are:

An exemption may be unconditional or subject to conditions, including (but not limited to):

All declarations of exemption are published online on the councils’ websites.