LGA Environment Portfolio Update
October 2015
Outcomes from the September 2015 LGA Board meeting…
1. Local Nuisance and Litter Control Bill 2015 – LGA Submission
The EPA has been working with LGA officers and a reference group of Council officers to
develop a draft Local Nuisance and Litter Control Bill 2015, which was circulated for
comment in July 2015 (LGA Circular 29.10).
The LGA received a number of written submissions from Councils on the Bill and also
received feedback from workshops on the proposals contained in the Bill. In general terms,
while there was not widespread support for this Bill, two main issues stood out. They were
the concerns over the transfer to Councils of responsibility to manage class A hazardous
material and the resourcing needs that will affect Councils, particular those in regional areas.
The definition of ‘local nuisance’ is very broad and there will be increased pressure on
Councils to enforce a range of additional nuisance issues and an expanded litter control
jurisdiction.
Key Concerns raised in the LGA submission considered by the Board include:
Class A Hazardous Material – Councils are vehemently opposed to the provision in
the Bill that requires Councils to manage the issues around class A hazardous
material. The introduction of a broadened litter control jurisdiction will have a
significant impact on Councils generally. However, the inclusion of class A hazardous
material as ‘litter’ for which Councils will be responsible is of great concern. Such
waste has traditionally and appropriately been the province of the EPA, which has the
training, experience and resources to manage this dangerous matter.
Adequate Compensation - An appropriate compensation package for Councils will
be a critical element to ensure that Councils are properly resourced to manage
compliance responsibilities. This Bill substantially extends Councils’ responsibility for
litter, which was formerly confined to litter on public roads and in public places. It now
extends to all land and waters within a Council area. In addition, it confers
responsibility on Councils for an extensive range of nuisance activities, which will
have a significant impact on Councils’ resources, particularly in the rural and regional
areas and areas such as Port Adelaide Enfield which has a large proportion of
commercial and industrial land.
The LGA Board resolved;
That the LGA Board endorses the submission to the Minister in relation to the proposals
contained in the Local Nuisance and Litter Control Bill 2015.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660
2. Stormwater Management Authority ‘Priorities for Stormwater Management
Planning’ paper
In May 2015 the Stormwater Management Authority (SMA) finalised its Strategic and
Operational management plans. As part of these plans the SMA requested the Department
of Planning, Transport and Infrastructure (DPTI) to prepare a paper on the 'Priorities for
Stormwater Management Planning'. The SMA wrote to the LGA seeking feedback from the
Local Government sector on this paper. Councils were invited to provide feedback on the
paper via LGA Circular 24.8.
The LGA received one submission regarding this paper. The feedback received was specific
to that Councils individual projects and as such should not influence whether or not the LGA
supports the intended prioritisation of stormwater projects across the state.
The intent of the paper is to guide and support the SMA in driving priority stormwater
management planning however will not restrict or inhibit the SMA and Councils negotiating
any alternative arrangements as required. This preferred collaborative approach is identified
in the paper and will underpin engagement between the SMA and Councils.
The LGA Secretariat recommends that the LGA Board endorse the paper and provide this
advice to the SMA.
The LGA Board resolved;
1.
endorses the Stormwater Management Authority ‘Priorities for Stormwater
Management Planning’ paper; and
2.
requests that the LGA Secretariat provide a letter of support to the Stormwater
Management Authority (SMA) on the ‘Priorities for Stormwater Management Planning’
paper including feedback received from Councils.
3. EPA Waste Reform - LGA submission
In August 2015, the Environment Protection Authority (EPA) released a discussion paper for
consultation, Reforming Waste Management, that proposes a number of regulatory and
policy changes to the waste management industry in South Australia. The discussion paper
states that these proposed reforms are to "... help unlock the next growth opportunities and
to address current challenges within the waste and resources industry."
The LGA Board resolved:
1.
2.
3.
endorses the LGA Secretariat providing a draft response to the EPA's waste
management reform discussion paper by the consultation closing date of 2 October
2015;
delegates finalisation of the LGA submission to the 15 October 2015 LGA Executive
Committee meeting; and
receives a copy of the final submission at the November 2015 LGA Board meeting for
noting.
After extensive consultation, a submission was prepared and was endorsed at the 15
October 2015 Executive Committee meeting.
A copy of the submission is available here.
Note that this discussion paper released by the EPA is the first step in a long journey of
reform in the waste sector. No significant changes are expected in the foreseeable future as
further consultation takes place, regulatory impact assessments undertaken and
legislation/regulation amended.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660
The LGA Secretariat anticipates that most reform will take place in 2 - 5 years’ time and as
such has called on the EPA to develop an implementation plan that outlines expected
timeframes, phases and engagement periods of proposed reforms. This will give greater
certainty to the sector and allow for adequate planning and consideration of the impact of
changes to, for example, long term contracts.
4. Water Issues Advisory Panel
The establishment of the LGA's Water Issues Advisory Panel (WIAP) was endorsed by the
LGA Board at its November 2012 meeting. This group was established in response to
recommendations in the LGA's report Councils and Stormwater Harvesting that provided
guidance on strategic directions for the LGA to pursue in the stormwater management area.
Membership of the WIAP included representatives from Local Government, an independent
chair and advisors from other sectors, providing valuable guidance and assistance in
prioritising and delivering work relating to water management.
The LGA Secretariat believes that this group has performed its designated role in setting a
strategic direction for the LGA on water management matters; an area that was identified as
a gap. This direction has now largely been set and a work program developed. In order to
best deliver the LGA water work program, the LGA is now utilising networks and working
groups with relevant Council staff and practitioners engaged directly in the issues identified in
the work program.
The LGA Board resolved:
1.
notes the report;
2.
does not seek to continue the LGA's Water Issues Advisory Panel (WIAP), noting that
the group has achieved its purpose of providing strategic advice to the LGA in order to
establish a long term water management work program; and
3.
requests the LGA President to write to each of the members of the WIAP advising them
of the cessation of the Panel and thanking them for their service.
5. Strategic Management of Coastal Climate Risks
The LGA has been advocating for the State Government to take a stronger leadership role in
sea level rise risk management, and has also been working to develop options for strategic
management, new governance arrangements and funding mechanisms to address the
current and future shortfalls.
At the May and July 2015 LGA Board Meetings, the Board endorsed the LGA Secretariat to
instigate discussions with key state government agencies to identify a preferred approach for
achieving this, and to also seek endorsement from the Minister for Climate Change (Hon Ian
Hunter, MLC) for the development of a preferred approach.
At the September 2015 LGA Board Meeting, the LGA reported that the Minister had
expressed a strong interest in working with the LGA to further investigate this matter and
requested that the LGA develop a paper (in collaboration with key State Government
representatives) to outline potential options.
The LGA Board endorsed the development of a paper, which the LGA Secretariat is now
working on. The paper will be finalised by the end of year with the aim of presenting the
options to the January 2016 LGA Board Meeting. Once the LGA Board has endorsed the
options, the LGA Secretariat will re-engage with key State Government agencies and
Minister Hunter.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660
Additional impetus for the development of a strategic approach has been received in the form
of a letter from Wattle Range Council (received 26 June 2015) that was endorsed by a
further 12 regional coastal Councils, which highlighted the coastal management issues they
are currently tackling. Sea level rise risks and costs associated with managing them was also
a major topic of conversation at the LGA Annual General Meeting on 30 October 2015.
The LGA Board resolved;
1.
notes the progress in investigating options for coastal management; and
2.
requests the development of a coastal management options paper for consideration of
the LGA Board and the Minister for Sustainability, Environment, Conservation and
Climate Change.
6. Climate Risk Review of the South Australian Planning Policy Library
The outcomes of the Science to Solutions research have identified that Strategic Planners
require a significant amount of additional information in interpreting strategic goals of State
Government policy, while Development Assessment Planners require improved guidance,
risk assessment and decision making tools to assist them in interpreting the content of the
SA Planning Policy Library (SAPPL).
The LGA is currently compiling the ‘Climate Adaptation Guidelines for Planners’ (CAGP). The
contents of the CAGP are based on a) the need for a review of policies in the SAPPL, and b)
feedback from Councils that they require guidance, tools and methodologies to improve risk
assessment and decision making in the climate risk policy area.
As part of developing the CAPG, the LGA recently concluded a tender process for analysis of
key climate policies in the SAPPL and instructed preferred consultants, Environ and Jensen
Planning to undertake the analysis. This policy analysis stage is scheduled to be completed
within 6 months.
The outcomes will provide the basis on which CAPG guidance will be developed, along with
a set of recommendations to the Planning Minister, and the Department of Planning,
Transport and Infrastructure regarding reform of State Government policy, which is
particularly relevant as the SAPPL transforms into a Planning and Development Code.
The LGA Board resolved;
1.
notes the progress of the project;
2.
recognises the contribution of the project to the wider planning reform agenda; and
3.
receives an update on findings at the January 2016 LGA Board Meeting.
A Council Planners workshop will be held on 24 November 2015 as part of this process.
Information on the workshop will be made available via LGA circular.
Other Issues…
1. SA Government Climate Change Strategy & Legislation Review- LGA
Submission
The SA Government is developing a new ‘Climate Change Strategy’ that will outline the
State’s plan to achieve a resilient and low carbon future. The Government is anticipating that
the new strategy will build on the achievements of the State’s adaptation and mitigation
efforts, and continue to the State’s strong record for action, in which the LGA and Councils
have played a major role.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660
The consultation period ran from 7 September until the 18 October. The LGA (via LGA
circular 37.5) hosted a consultation session on the content of the key strategies and
consultation papers that were developed on 7 October 2015. The session was attended by
representatives from 18 Councils (metropolitan and regional).
The LGA examined all key strategies and consultation papers, along with considering the
feedback that we received from representatives at the consultation session and the content
of several draft submissions from Councils. Due to timing, a draft LGA submission was
developed and submitted to the Government on the due date with a final submission
provided once considered and endorsed by the LGA Board in November.
2. Science to Solutions (StoS) Program
Phase two of the program has begun, with a series of briefings and workshops with Councils
being held, along with new partnerships with Councils being formed. Progress has been
made in the following projects:

Facilitating Implementation of Regional Adaptation Plans:
o The first workshop was held on 14 October 2015 and focused on
achievements to date, prioritisation and action planning. There was great
participation in the session from the majority of regions, and the LGA has
received very positive feedback on the session.
o Partnership agreements were signed with the Resilient South and Central
Regions at the LGA Annual General Meeting on 30 October 2015. These
partnerships will facilitate the development of case studies and methodologies
that will provide benefits across the State for undertaking prioritisation and
implementation of adaptation actions.

Delivering Targeted Training:
o The first steering group meeting was held on 15 September 2015. The group
is made up of senior managers from Council and was assembled to inform the
development of briefings for Council elected members, NRM and RDA Board
members. The next steps will be to engage with the Elected/ Board Members
to gauge what they require from the briefings.
3. Natural Resource Management
The LGA is aware of further cost allocations from DEWNR to NRM Boards, primarily cost
recovery charges for administration and water planning services. In some regions the cost
implications for the Boards are significant and early indications suggest that these cost
increases may increase the NRM levy on Council rates. The LGA encourages all Councils to
engage with their regional NRM Board to discuss the potential impacts, including community
concerns.
The LGA continues to advocate, via the Council of the Future work program for councils to
have a much greater role in planning for and delivery of NRM services. Recent meetings
with the State Government suggest that the regional planning framework under the revised
planning bill may provide opportunity to advance this agenda.
4. Stormwater Management – Funding Options
With the recent Brownhill Keswick Creek stormwater plan resolution the LGA has instigated
formal discussions with partner Councils and the state, including the AMLRNRM Board on
funding mechanisms. This discussion is invariably complicated due to a host of unresolved
issues, including but not limited to roles and responsibilities of the various stakeholders, state
policy objectives, risk management principles etc. The LGA will continue to advance
discussions on appropriate funding formulae and increased funding from the Commonwealth.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660
5. Parliamentary Inquiry into Waste Management in South Australia
The Environment, Resources and Development Committee of South Australian Parliament is
conducting an inquiry in to waste management in South Australia. The terms of reference are
as follows:
1. whether the current method of charging and collecting the solid waste levy has been
successful in ensuring a level playing field in the waste sector while encouraging
resource recovery over landfilling or stockpiling of materials;
2. the adequacy of regulatory and legislative powers within the Environment Protection
Act 1993 to manage the waste sector, including license enforcement and current
penalties;
3. best practice methods in the resource recovery and waste sectors;
4. minimisation of hazardous risks in the resource recovery and waste sectors;
5. relevant themes from the 2015 EPA/ZWSA Waste Summit which will inform this
inquiry; and
6. any other matter.
The LGA will be preparing a submission in consultation with Councils. Details on the
consultation including consultation sessions will be distributed via LGA Circular. The inquiry
closes on 21 December 2015. Further details are available on the SA Parliament website.
6. Green Industries SA Update
The LGA is continuing to advocate for the minimal loss of funding and programs from the
transition from Zero Waste SA to Green Industries SA. This has been the subject of
extensive consultation with Councils over the past 12 – 24 months.
The LGA is currently engaged in discussions around the 2016-17 State Budget and
opportunities for the sector through leveraging the solid waste levy and Waste to Resources
Fund. A Board paper will be considered at the November 2015 LGA Board meeting and
further information provided to Councils after this meeting.
7. Little Corellas Research Program
The LGA, University of SA and Department of Environment, Water and Natural Resources
(DEWNR) are partnering on a research project to develop a much better understanding of
little corellas and their impacts across the state. Councils are encouraged to undertake and
promote the on-line survey.
The project, designed to directly inform management planning, is being led by the University
of South Australia, with the support of the LGA, DEWNR, Flinders University and Michigan
State University.
A number of councils are directly contributing to the project, with research focussed in their
areas. These councils include;
 Alexandrina;
 Flinders Ranges;
 Gawler;
 Marion;
 Mt Barker, and
 Salisbury.
The first stage of the project is an online survey. Subsequent stages will include community
workshops and empirical data collection. You can find a link to the survey plus more
information about this innovative project at www.discoverycircle.org.au
Councils are encouraged to undertake and promote the survey and the wider objectives of
the project. If you would like a promotional pack or more information, please contact project
officer, Dr Annette Scanlon, at UniSA discoverycircle@unisa.edu.au or 8302 9999.
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LGA Board agendas, minutes and key outcomes summaries are available from the LGA
website – refer https://www.lga.sa.gov.au/page.aspx?u=3065&t=uList&ulistId=0&c=65660