Councils need a balanced approach to primary production nuisance laws
In its response to the Environment Protection Authority’s review of the Local Nuisance and Litter Control Regulations 2017, the Local Government Association of South Australia (LGA) has opposed a blanket exemption for noise and nuisance arising from primary production activities.
Primary producers make an important contribution to South Australia’s economy, food security and cultural life, but expanding urban development can bring farming activities into closer contact with residential communities.
Councils play a critical role in assessing complaints and balancing the interests of primary producers, residents and the wider community. The current framework allows complaints to be assessed on their merits and includes measures to discourage unsubstantiated complaints.
LGA supports retaining this framework, while recognising there may be merit in limited, clearly defined exemptions for normal and accepted farming practices where impacts are unavoidable and activities are managed in line with industry standards and regulatory requirements.
However, councils must retain the ability to address activities that fall outside accepted farming practices or unreasonably affect nearby residents.
Given the diversity of primary production activities across South Australia, further consultation is needed before exemptions for specific activities are introduced.
Abandoned shopping trolleys
Councils also need effective tools to address abandoned shopping trolleys in their communities.
LGA's response also addressed proposed changes related to abandoned shopping trolleys. LGA does not support additional defences for retailers that fail to collect non-hazardous shopping trolleys within specified timeframes. The existing framework already provides appropriate defences and allows councils to exercise discretion in exceptional circumstances.
LGA has recommended the EPA develop clear guidance for councils and retailers to support implementation of the new amendments.
LGA’s response was informed by the findings of its recent survey on illegal dumping.
For more information about LGA’s response, please contact Hannah Plumb at hannah.plumb@lga.sa.gov.au.
LGA Survey on Illegal Dumping
LGA’s survey found illegal dumping is a growing problem across South Australia, costing responding councils more than estimated $2.77 million.
Based on responses from 13 metropolitan and regional councils, the survey found that illegal dumping occurs daily or weekly in almost every participating council area, with most councils reporting increasing volumes of dumped waste over the past three years.
Thank you to councils that participated in the survey, Councils are invited to consider:
- Would your council support LGA undertaking a similar illegal dumping survey in the future?
- Do the drivers of illegal dumping identified in the report reflect your council's experience?
Councils wishing to provide feedback or learn more about the findings are encouraged to contact Kruthika at kruthika@lga.sa.gov.au and provide a response to the above questions.