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Declaration of Exemption - 15 July 2025 to 15 October 2025 - Section 19, Local Nuisance and Litter Control Act 2016

DECLARATION OF EXEMPTION - 15 July 2025 to 15 October 2025

Section 19, Local Nuisance and Litter Control Act 2016

The Council has received and considered Mr Innocenti's application for an exemption under section 19 of the Local Nuisance and Litter Control Act 2016 (the Act) dated 9 July 2025, which application is also supplemented by your previous correspondence and communication to the Council relevant to the activity subject of your application.

Pursuant to section 19 of the Act, I am satisfied that:

  • there are exceptional circumstances that justify the making of this declaration; and
  • the Applicant has submitted a nuisance management plan that adequately sets out the measures that will be taken to prevent, minimise or address any anticipated adverse effects from the specified activity on the amenity value of the area concerned.

Accordingly, I hereby declare that the Applicant is, subject to the conditions stated below, 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).

The Activity:  Grinding and cutting stone for use in creating an external stone path on the Land with the use of a stone grinder/cutter.

Conditions:

  1. The exemption in force pursuant to the operation of this declaration applies at the following days and times only:

    Operable Term: 15 July to 15 October (being a period of three months).

    Permitted Times: Between 11am and 12pm on Saturdays only and for a maximum period of thirty (30) minutes.

  2. The Activity may only be undertaken for a maximum of thirty (30) minutes on any day during the Permitted Times indicated above.
  3. 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.
Signed: Vincent Fantasia          
(As delegate of the Council)
Date: 15 July 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 three 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.