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Consultation has concluded
Council is seeking the community's feedback on our By-laws.
Councils in South Australia are able to establish By-laws under the Local Government Act 1999. By-laws are local laws established by councils to deal with issues specific to the relevant council area.
The Mount Barker District Council has the following six By-laws:
By-law No.1 – Permits and Penalties: Provides for a permit system to undertake regulated activities. Sets maximum penalties in council by-laws.
By-law No.2 – Moveable Signs: Sets standards and conditions for moveable signs on roads and the placement of such signs for the purpose of protecting visual amenity and public safety.
By-law No.3 – Roads: To manage, control and regulate certain activities on roads in the Council's area.
By-law No.4 – Local Government Land: To manage and regulate the access to and use of Local Government land (other than roads), and certain public places.
By-law No.5 – Dogs: For the management and control of dogs within the Council's area
By-law No.6 – Cats: For the management and control of cats in the Council's area.
By-laws 1-5 were last reviewed in 2017 and By-law 6 came into effect on 2 September 2019. The Local Government Act states that By-laws will expire on 1 January after the seventh anniversary of the day the By-law was made (which is 1 January 2025).
A new by-law to address the keeping of roosters has been drafted. This is By-law No.7 - Animal Management which is to address nuisance issues caused by roosters. The By-law sets regulation on the keeping of roosters in and outside a township.
We have started the process of reviewing our existing By-laws now to ensure we have sufficient time to comply with the statutory procedures and Parliamentary processes involved, and to avoid the existing By-laws lapsing before the new By-laws come into effect. As per the Act, community engagement is required prior to the making of any By-laws.
Proposed changes to the By-laws
By-law
Proposed changes
By-law No.1 - Permits and Penalties
Clause 7.2 clarifies that permission of the Council under a By-law may be given by way of a permit (i.e. to an individual) or by way of the Council adopting a policy that applies generally for this purpose.
By-law No.2 - Moveable Signs
Council can still give permission for the placement of a sign contrary to a requirement of the by-law (e.g. allow a business to display more than one sign or, a sign that is not adjacent to the business premises). This approval can be granted when it is satisfied such permission is appropriate and having regard to the location in which the sign is proposed to be placed. Such permission can be given by way of Council adopting a policy of general application.
Additional definitions have been included to assist the public in understanding the By-law.
By-law No.3 - Roads
Included a general exemption clause to provide further flexibility for the Council in administering the By-law.
By-law No.4 - Local Government Land
Some additional provisions have been included for the Council’s consideration based on provisions that have been included in by-laws of other SA councils.
Like the Roads By-law a general exemption clause is included to provide further flexibility for Council in administering the by-law.
By-law No.5 - Dogs
Some additional definitions have been included, including, where relevant to ensure consistency with the Dog and Cat Management Act 1995.
By-law No.6 - Cats
Some additional definitions have been included, including, where relevant to ensure consistency with the Dog and Cat Management Act 1995.
The major change to the Cat By-law is for cats to be effectively confined (essentially 24/7 confinement). This does not apply to any cat that was born before the 1 January 2025.
For a cat born before 1 January 2025 the curfew (8pm – 7am) still applies.
There is a six month delay in the commencement of the cat confinement provision, this will assist cat owners to make arrangements to enable them to comply with the by-law
By-law No.7 - Animal Management
This is a new by-law is based on the By-laws of a metro Adelaide Council.
As Council is semi-urban the restrictions against rooster keeping is limited to within a township, if the property is outside a township people can’t keep a rooster within 100 metres of the boundary of a neighbouring residential premises.
To get involved and have your say:
Review the proposed draft By-laws (available to the right of the screen or the links above)
Post a written submission to Chief Executive Officer, Mount Barker District Council, PO Box 54, Mount Barker SA 5251
All feedback received will be presented to Council for consideration prior to Council making the By-laws.
Council is seeking the community's feedback on our By-laws.
Councils in South Australia are able to establish By-laws under the Local Government Act 1999. By-laws are local laws established by councils to deal with issues specific to the relevant council area.
The Mount Barker District Council has the following six By-laws:
By-law No.1 – Permits and Penalties: Provides for a permit system to undertake regulated activities. Sets maximum penalties in council by-laws.
By-law No.2 – Moveable Signs: Sets standards and conditions for moveable signs on roads and the placement of such signs for the purpose of protecting visual amenity and public safety.
By-law No.3 – Roads: To manage, control and regulate certain activities on roads in the Council's area.
By-law No.4 – Local Government Land: To manage and regulate the access to and use of Local Government land (other than roads), and certain public places.
By-law No.5 – Dogs: For the management and control of dogs within the Council's area
By-law No.6 – Cats: For the management and control of cats in the Council's area.
By-laws 1-5 were last reviewed in 2017 and By-law 6 came into effect on 2 September 2019. The Local Government Act states that By-laws will expire on 1 January after the seventh anniversary of the day the By-law was made (which is 1 January 2025).
A new by-law to address the keeping of roosters has been drafted. This is By-law No.7 - Animal Management which is to address nuisance issues caused by roosters. The By-law sets regulation on the keeping of roosters in and outside a township.
We have started the process of reviewing our existing By-laws now to ensure we have sufficient time to comply with the statutory procedures and Parliamentary processes involved, and to avoid the existing By-laws lapsing before the new By-laws come into effect. As per the Act, community engagement is required prior to the making of any By-laws.
Proposed changes to the By-laws
By-law
Proposed changes
By-law No.1 - Permits and Penalties
Clause 7.2 clarifies that permission of the Council under a By-law may be given by way of a permit (i.e. to an individual) or by way of the Council adopting a policy that applies generally for this purpose.
By-law No.2 - Moveable Signs
Council can still give permission for the placement of a sign contrary to a requirement of the by-law (e.g. allow a business to display more than one sign or, a sign that is not adjacent to the business premises). This approval can be granted when it is satisfied such permission is appropriate and having regard to the location in which the sign is proposed to be placed. Such permission can be given by way of Council adopting a policy of general application.
Additional definitions have been included to assist the public in understanding the By-law.
By-law No.3 - Roads
Included a general exemption clause to provide further flexibility for the Council in administering the By-law.
By-law No.4 - Local Government Land
Some additional provisions have been included for the Council’s consideration based on provisions that have been included in by-laws of other SA councils.
Like the Roads By-law a general exemption clause is included to provide further flexibility for Council in administering the by-law.
By-law No.5 - Dogs
Some additional definitions have been included, including, where relevant to ensure consistency with the Dog and Cat Management Act 1995.
By-law No.6 - Cats
Some additional definitions have been included, including, where relevant to ensure consistency with the Dog and Cat Management Act 1995.
The major change to the Cat By-law is for cats to be effectively confined (essentially 24/7 confinement). This does not apply to any cat that was born before the 1 January 2025.
For a cat born before 1 January 2025 the curfew (8pm – 7am) still applies.
There is a six month delay in the commencement of the cat confinement provision, this will assist cat owners to make arrangements to enable them to comply with the by-law
By-law No.7 - Animal Management
This is a new by-law is based on the By-laws of a metro Adelaide Council.
As Council is semi-urban the restrictions against rooster keeping is limited to within a township, if the property is outside a township people can’t keep a rooster within 100 metres of the boundary of a neighbouring residential premises.
To get involved and have your say:
Review the proposed draft By-laws (available to the right of the screen or the links above)
Draft By-law No. 1 - Permits and Penalties (498 KB) (pdf)
