Councils have extensive powers available to them to require members of the public to comply with legislative controls and to restrict particular activities. However before a council exercises those powers it is usually required to provide a notice setting out the action the person is required to take or the activity that is required to cease to remedy the contravention of the law. Statutory notices are issued under many pieces of legislation including the Local Government Act 1999, Food Act 2001, SA Public Health Act 2011, Fire and Emergency Services Act 2005 and Dog and Cat Management Act 1995 and cover matters such as the sale of land for non payment of rates, sanitary condition of food premises and risks to public health. A failure to comply with a statutory notice often constitutes an offence and empowers the Council to take the action required by the notice and recover its costs in doing so from the person to whom the notice was issued.
A defective statutory notice will likely invalidate the notice and render unlawful any action the council takes pursuant to the defective notice. It is essential therefore that statutory notices are drafted carefully and the procedure for service and enforcement of the notice is legislatively complaint.
This workshop will equip you with the skills to draft any statutory notice and provide you with all the essential information to ensure the Council’s statutory notices withstand scrutiny by the Courts and the Ombudsman. A number of template statutory notices will be prepared during the workshop which you will be able to take back to your council for future use.
HWL Ebsworth Lawyers
Please Note: You may be interested in How to use LGA Delegation Templates - Workshop.
To register to attend BOTH workshops, please click here.