Local Nuisance and Litter Control
Councils recognise their statutory obligations under the Local Nuisance and Litter Control Act 2016 and their role in ensuring clean and high amenity communities.
The Local Nuisance and Litter Control Act 2016 (LNLC Act) came into effect (in its entirety) on 1 July 2017. Prior to the introduction of the LNLC Act, local government was responsible for managing some nuisance and litter issues through specific provisions of the Local Government Act 1999 (in particular, in relation to illegal dumping, bill posting and unsightly conditions).
The implementation of the LNLC Act significantly expanded the role of local government in responding to nuisance issues in the community. Local government is now responsible for responding to community complaints relating to noise, smoke, dust and odour.
Previously, the EPA was responsible for responding to complaints of this nature and the EPA continues to provide support to local government bodies in fulfilling this new role. The EPA remains responsible for responding to complaints relating to EPA licensed facilities.
The EPA and LGA have worked collaboratively to provide a number of fact sheets, guiding documents and model procedures to assist councils in administering and enforcing the LNLC Act.
These guiding documents are available below.
Review of the Local Nuisance and Litter Control Act
In July 2019, after councils had experienced two years of administering the legislation, the EPA commenced a review of the LNLC Act by releasing a discussion paper.
The timeline of this review was impacted by the COVID-19 pandemic and State Government elections.
Next steps
The LGA acknowledges that cost recovery is an important element of any regulatory function performed by government.
The LGA continues to advocate to State Government that cost shifting or increased responsibility should not be placed on local government without commensurate ongoing financial and other support from the State Government.
The LGA’s 2023 response to the EPA gives support to the following proposed amendments that will benefit councils:
- Mechanisms that enable councils to more effectively manage and respond to shopping trolley litter within the community
- Cost recovery for cleaning up hazardous/illegally dumped litter
- Tighter regulations around the appropriate installation of air conditioning units
The LGA’s response highlights concerns about the introduction of light as an “agent of local nuisance” due to the increase cost and resource burden it will place on councils.
Timeline
- Jul 2019
- Aug 2019
- LGA opened consultation with members
- Oct 2019
- Feb 2020
- July 2020
- Apr 2021
- LGA Board of Directors considered a report on the review of the LNLC Act
- May 2021
- EOIs sought for council staff to participate in LG LNLC working group
- Jun - Oct 2021
- Local Government LNLC Act working group meet
- Oct 2022
- Nov 2022
- LGA holds Information session and consultation on the proposed amendments
- Feb 2023
- LNLC Act - Factsheet 13 - Continuing Offences
- LNLC Act - Factsheet 15 - Abatement Notices
- LNLC Act - Factsheet 14 - Defence of Due Dilligence
- LNLC Act - Factsheet 6 - Vehicle Owner Liability
- LNLC Act - Factsheet 16 - Civil Remedies
- LNLC Act - Factsheet 17 - Civil Penalties
- LNLC Act - Factsheet 7 - Cost Recovery Processes
- LNLC Act - Factsheet 9 - Nuisance (Dust)
- LNLC Act - Factsheet 10 - Nuisance (Odours)
- LNLC Act - Factsheet 5 - Unsightly Conditions
- LNLC Act - Factsheet 19 - Nuisance Management Plans
- LNLC Act - Factsheet 11 - Nuisance (Noise)
- LNLC Act - Factsheet 12 - Nuisance (Smoke)
- LNLC Act - Factsheet 4 - Local Nuisance
- LNLC Act - Factsheet 22 - Insanitary Conditions
Find out more
For more information, please contact: brianna.mcgee@lga.sa.gov.au