Council has the authority to create by-laws in accordance with section 246 of the Local Government Act 1999

A by-law made by council must:

(a) be consistent with the objects of the provisions that authorises the by-law and accord with the provisions of the Local Government Act,

(b) adopt a means of achieving those objectives that does not

(i) unreasonably burden the community or

(ii) make unusual or unexpected use of the power conferred by the Act,

(c) avoid restricting competition to any significant degree unless council is satisfied that there is evidence that the benefits of the restriction to the community outweigh the costs of the restriction,

(d) avoid unreasonable duplication or overlap with other statutory rules or legislation,

(e) avoid regulating a matter so as to contradict an express policy of the State that provides for the deregulation of the matter,

(f) avoid breaching principles of justice and fairness and

(g) be expressed plainly and in gender neutral language

A by-law cannot be challenged on the ground that it is inconsistent with one or more of the above principles

A by-law made by the council must not:

(a) exceed the power conferred by the Local Government Act,

(b) be inconsistent with the Act or any other Act, or with the general law of the State,

(c) without clear and express authority in the Act or another Act

(i) have retrospective effect,

(ii) impose a tax,

(iii) purport to shift the onus of proof to a person accused of an offence,

(iv) provide for the further delegation of powers delegated under the Act,

(d) unreasonably interfere with rights established by law,

(e) unreasonably make rights dependent on administrative and not judicial decisions.

District Council of Loxton Waikerie By-Laws