Fences less than 2.1m high on a common property boundary between neighbours are usually subject to the Fences Act (1975). Council have no jurisdiction over these types of fences with the exception of the following circumstances.
Development Approval should be sought if:
For more information on fence design in Historic Conservation and Streetscape (Built Form) Zones, and for heritage places, please refer to the Design Guide 2 for Complementary Residential Fences, Gates and Gardens.
Swimming Pools and Spas
Swimming pool and spa owners are responsible for safety. All pools should have suitable barriers or safety fencing to restrict access by young children to the immediate pool surrounds. Visit the South Australian Government website for information on pool and spa safety.
If a house with a swimming pool or spa is for sale, the childproof safety barriers must comply with the current Australian Standards for pool safety at the date of settlement.
For further information, please phone a member of the City of Unley's Development Team on 8372 5111.
From 1 July 2017, Councils are responsible for regulating nuisance noise matters under the Local Nuisance and Litter Control Act 2016.
Local nuisance (noise) is described in the Act as being any adverse impact on the amenity value of an area, which unreasonably interferes with, or is likely to unreasonably interfere with, the enjoyment of that area by people in that area.
Under the Act there are a number of circumstances declared not to be a nuisance. In the case of noise, this includes (but is not limited to) noise from:
If a nuisance is emanating from an industrial premises, it may be a site that is licensed by the Environment Protection Authority (EPA) and therefore not within the council’s jurisdiction. These matters need to be referred directly to the EPA.
Excessive 'people noise' like loud music, parties, and revving cars requires attendance by the Police. Should you have concerns with the amount of noise being emitted from a property, please contact the Police on 131 444.
If you are planning an event or activity within the City of Unley, you can apply for an exemption to Local Nuisance and Litter Control Act 2016. Complete the following form to apply.
No exemptions are currently listed.
If you find a swarm of bees on your property, you should call an apiarist. Contact Bee Keepers Society of SA for a list of ‘Swarm Removalists’ or a pest controller. Do not forget that most bees can sting, so it is best to stay away from them.
During spring and the early months of summer, a colony of bees may leave its hive and establish another colony elsewhere. This is a natural instinct of the bees during which some of the bees from the existing colony will swarm out to find a new home. When the bees have found a suitable site, they will begin building a new hive.
Swarming bees are generally not inclined to sting providing they are left alone. It is advisable to vacate the area (if possible) until the swarm has settled. Watch for foraging bees flying to and from the area and be sure to wear protective footwear to protect your feet from bees that have landed on the ground.
Do not attempt to remove a swarm by throwing rocks at it, dousing it with a hose or discharging a firearm. These actions are likely to aggravate the bees and encourage them to defend their hive. Often bees that clump together on a tree or fence may take off in a couple of days. If they have found a home in a tree hollow or wall cavity, then assistance will be required to remove them.
To report a swarm that has settled in a street tree, a Council-owned building or on a Council Reserve, please contact the City of Unley on 8372 5111. An officer will take your report of the whereabouts of the bees.
All possums in South Australia are protected animals. In accordance with the provisions of the National Parks and Wildlife Act 1972, it is an offence to handle or interfere with any native animal without a permit. This offence carries a minimum $2,500 fine or an imprisonment term of six months.
If you require a permit, you may make application to your local ranger from the Department of Water and Environment (DEW) by:
It is important to keep in mind that capturing possums can cause harm and distress to the animal if the trap is not managed properly. You need to consider how much time the possum will spend in the trap, protection of the possum from any predators while trapped and also protection of the possum from environmental effects such as dehydration.
The possum must be released on the same property within 50m of the site of capture. You should release the possum after dusk and ensure that all reasonable steps to protect the possum from injury or predation by other animals are taken.
Trapping and releasing possums without possum-proofing your building will not solve the problem.
Further information on possums is available from the Department for Water and Environment.
The rise of drone technology has seen an increase in the number of drones or remotely piloted aircraft (RPAs) for both recreational and commercial purposes.
Australia’s safety laws for RPAs are governed by the Civil Aviation Safety Authority (CASA) and is broken into two categories - flying commercially or recreationally.
If you are flying a RPA which weighs over 2kg for economic gain, you need to have an RPA Operator’s Certificate (ReOC) from CASA.
If your RPA weighs less than two kilograms a certificate is not required, however you do need to notify CASA.
Under both circumstances, you need to follow CASA’s standard operating conditions and safety rules.
If you are flying for fun and not for economic gain, then the regulations are less restrictive. You do not need to be certified, providing you follow some simple safety rules.
If you are concerned about drones and your privacy, you can contact the Office of the Australian Information Commissioner for more information or telephone 1300 363 992.
CASA’s regulations address issues that arise if a RPA is being operated in a way that creates a hazard to another aircraft, another person or property.
If you wish to report unsafe drone operations, please complete the CASA online complaint form.
Introduction of the new Local Nuisance and Litter Control Act 2016
Littering and activities that cause nuisance such as noise, smoke and dust impact on our enjoyment of local areas. The new Local Nuisance and Litter Control Act 2016 will help communities resolve local environmental complaints more efficiently through their local council.
Benefits of the Act
The legislation will result in improved amenity, particularly reduced littering and illegal dumping, for towns, regions and cities throughout the state.
Local government is better placed to respond quickly and effectively to local nuisance issues as they have a local presence, and community expectation of local government with regard to policing environment protection matters is very high.
For more information and Fact Sheets on the new Local Nuisance and Litter Control Act 2016, visit the Local Government Association website.
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