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Local Government Act 1999
The Local Government Act 1999 (Chapter 2 s.6) describes the
principal role of a council, and includes the following health and
wellbeing related roles;
• to provide and co-ordinate various public services and
facilities and to develop its community and resources in a
socially just and ecologically sustainable manner; and
• to encourage and develop initiatives within its community
for improving the quality of life of the community.
Under the Act, the core functions of a Council (s.7) include -
• to provide services and facilities including health, welfare
or community services or facilities, and cultural or
recreational services or facilities;
• to provide for the welfare, well-being and interests of
individuals and groups within its community;
• to take measures to protect its area from natural and
other hazards and to mitigate the effects of such hazards;
• to manage, develop, protect, restore, enhance and
conserve the environment in an ecologically sustainable
manner, and to improve amenity
Councils also have an obligation to advocate for local
communities, to work regionally where appropriate, and
prepare strategic management plans in consultation with their
communities. In doing so they must have regard to State and
National policies, plans and objectives.
Under the Local Government Act, Councils can create Council-
specific By-laws (‘supplementary legislation’), which allow
Councils to put in place policies or requirements regarding the
use of Council owned land, and some other limited matters.
Development Act 1993 and
Building regulations
A core piece of legislation relevant to the ongoing maintenance
and improvement of health and wellbeing in the Council area
is the Development Act 1993, and the Minister’s Development
Plans which the State and local planning authorities use to
assess new development proposals.The Development Plan
requires a range of standards or good practice to be met in
new developments, many of which are particularly relevant
to the new Public Health Act’s aims and approach – including
a focus on the role of the urban environment in promoting
and enabling wellbeing and the health of communities (An
‘environmental determinant’).This philosophy has always been
core to modern urban planning, and harks back to the
‘Garden City’ approach adopted in the early period of
Adelaide’s development.
Another key element of regulation that supports a safe built
environment and public health standards is the Building Code
and related regulations. Some of the earliest (19th century)
public health legislation in Australia was in relation to the safe
and healthy design and construction of residential buildings and
associated infrastructure for sanitation, sewerage, and water
supply. While sound standards are now in place in SA, these
issues are still very important and require ongoing monitoring
to ensure new policies in urban planning do not reverse
previous gains, or create new potential wellbeing issues.