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Declaration of Exemption - 10 June 2025 to 10 September 2025 - Section 19, Local Nuisance and Litter Control Act 2016

DECLARATION OF EXEMPTION - 10 June 2025 to 10 September 2025

Section 19, Local Nuisance and Litter Control Act 2016

Pursuant to section 19 of the Local Nuisance and Litter Control Act 2016 (the Act) I hereby declare that, subject to the conditions outlined herein, the Applicant is exempt from the application of section 18 of the Act in respect of the activity described below (the Activity) that is to be carried out on the property located at 7 Garnet Street, Gilberton SA 5081 (the Land), but subject to the conditions stated below,

The Activity: Demolition and removal of existing stone footpath on the Land with the use of a jackhammer.

Conditions:

  1. The exemption granted by this notice applies at the following days and times only:
    Operable Term: 10 June 2025 to 10 September 2025 (being a period of three months)
    Permitted Times: 9am – 4pm on Monday to Friday only, and not including public holidays.
    Maximum No. Days: The Activity may be undertaken on no more than six (6) days in total, during the Operable Term.
  2. The Activity must not occur over more than two consecutive days (regardless of hours worked on a given day) in any seven-day period.
  3. At least three (3) clear business days’ notice of each day on which the Activity is scheduled to take place must be provided to the Council by email to regulatory@walkerville.sa.gov.au. The notice must set out the anticipated times when and duration that jackhammering will occur during the notified days.
  4. If for any reason the Activity does not proceed as scheduled and notified to the Council, the Council must be notified in writing as soon as practicable via email to regulatory@walkerville.sa.gov.au
  5. The Activity must be undertaken strictly in accordance with these conditions to minimise and manage the nuisance impacts of the Activity on potentially affected persons.

This declaration has been made on the basis that I am satisfied that:

  • a)    there are exceptional circumstances that justify the making of this declaration; and
  • b)    the Applicant’s nuisance management plan adequately sets out the measures that the person will take to prevent, minimise, or address any anticipated adverse effects from the specified activity on the amenity value of the area concerned.
Signed: Vincent Fantasia          
(As delegate of the Council)
Date: 3 June 2025

For more information, please contact Council on 8342 7100 or via email at walkerville@walkerville.sa.gov.au

Take note:

  • A declaration means an exemption.
  • The Council may, by further notice in writing, vary or revoke this declaration under section 18 of the Act.
  • This declaration has effect from the date specified in the declaration and remains in force according to its terms for a period not exceeding 3 months, or for a shorter period as specified in the declaration, or until revoked (in writing) by the Council.
  • It is an offence under section 18 of the Act to carry on an activity that results in a local nuisance (as defined under section 17 of the Act). The Applicant must take all reasonable steps to ensure that activities on the Land that are conducted outside of the terms of this exemption do not give rise to a local nuisance.
  • Pursuant to section 19(7) of the Act, this declaration will be published on the Council’s website.