Grant District Council has warned the offence for breaching a council bylaw will be allowed to increase by more than 66% as big reforms to Local Government become legislated.
The changes will increase the maximum possible penalty a council can set for the breach of a bylaw that enters the courts from $750 to $1250.
Grant District Council was advised the change will start from November 10, 2021.
It comes as sweeping changes to the Local Government Act begin to take effect in South Australia, after state parliament voted in favour of them.
Council’s governance officer Brittany Shelton flagged an effect of the bylaw change was the expiation fee for offences under bylaws will automatically increase from $187.50 to $312.50.
However, Ms Shelton said council could apply a lower fine where it sees fit to apply one.
While there was mention of the increases to fines for breaching bylaws and to the expiation fee, council’s chief executive Darryl Whicker emphasised council’s role was not to crack down on ratepayers.
“Council very rarely enforces bylaws,” Mr Whicker told councillors.
“We aim to educate and persuade instead of enforcing penalties. Enforcement is very rare.”
The news was revealed at council’s elected members meeting, where councillors voted on adopting the bylaws with regulations to be discussed in the future.
Ms Shelton’s report on the matter was moved by Councillor Bruce Bain and seconded by Cr Brad Mann.
The recent changes to the Local Government Act 1999, which have been described as the most significant reforms to Local Government in a single Bill, include a change to the section that gives councils the power to create bylaws.
Currently, the Act states a bylaw made by a council may fix a minimum and maximum penalty for a breach, but the maximum penalty must not exceed $750.
The recent amendments to the legislation change the maximum penalty to $1250.
The Local Government Association of South Australia (LGASA) said the maximum penalty for breaching a bylaw had not changed since the end of the last century.
“This change raises the maximum possible penalty a council may set for the breach of a bylaw, where the offence is prosecuted through the courts,” LGASA acting chief executive Lisa Teburea said.
“However, under the Local Government Act 1999, councils are also able to set an expiation fee for alleged offences against bylaws, provided that this expiation fee does not exceed 25% of the maximum penalty for the offence.
“The maximum penalty for breaching a bylaw had not changed since 1999. The increase approved by the South Australian Parliament brings council bylaws in line with comparable penalties under other state legislation.”
The LGA is a member organisation that was consulted on the changes to the Local Government Act, but it did not set the penalty amounts.
