Tidying Up the Law: What the Local Nuisance and Litter Control Reforms Mean for Councils
On 5 November 2025, the Governor of South Australia gave royal assent to the Local Nuisance and Litter Control (Miscellaneous) Amendment Act 2025 (the Amendment Act), which makes important changes to the Local Nuisance and Litter Control Act 2016 (LNLC Act) and the Liquor Licensing Act 1997 (Liquor Licensing Act). Commencement of the Amendment Act has now been proclaimed. The majority of the Amendment Act commences on 18 June 2026, with certain provisions, including new offences relating to air conditioners and lighting, the general duty on business owners, and shopping trolley reforms being deferred to 17 June 2027.
Accompanying the Amendment Act, the Local Nuisance and Litter Control (Miscellaneous) Amendment Regulations 2026 (the Amendment Regulations) were also gazetted on 5 February 2026 and likewise commence on 18 June 2026. The Amendment Regulations make consequential amendments to the Local Nuisance and Litter Control Regulations 2017, including inserting a definition of ‘general litter’ and prescribing the interest rate applicable to cost recovery notices for urgent litter clean-up.
The Amendment Act incorporates changes arising from an extensive consultation process that began in 2019, during which the Environment Protection Authority (EPA) engaged with local councils, industry stakeholders, and the public to identify opportunities for improvement to the LNLC Act.
Some of the key amendments that will impact upon local councils, businesses and the public include:
Assessment and Issuing of Exemptions (commencing 18 June 2026)
Local councils will now have more flexibility when it comes to managing nuisance exemptions under section 19 of the LNLC Act. One of the biggest changes is the ability for local councils to waive the requirement for a site nuisance management plan that generally accompanies an application for an exemption. Local councils can waive the requirement if satisfied that any anticipated adverse effects from the activity are not reasonably able to be avoided and are of a limited nature. Furthermore, local councils will also be able to extend the time an exemption may operate for.
Cost Recovery for Urgent Litter Clean-Up (commencing 18 June 2026)
A new section 22A provides local councils with an important cost recovery mechanism. Where a council takes urgent action to clean up litter from a public place that it considers to be a hazard and the identity of the person who disposed of the litter is not known at the time, the council may subsequently serve a written notice on that person (once identified) requiring payment of the council’s reasonable costs and expenses. Those costs may include amounts incurred in taking samples or conducting tests, examinations, monitoring or analysis. The amount must be paid within a period specified in the notice of not less than 28 days, and interest at the prescribed rate will accrue on any unpaid balance. If the amount remains unpaid, the council may recover it as a debt. The Amendment Regulations prescribe the applicable interest rate as the cash advance debenture rate under the Local Government Act 1999 for the relevant financial year.
Registration of Nuisance Abatement Notices on Land Title (commencing 18 June 2026)
A new section 30A gives councils a powerful tool to protect the effect of nuisance abatement notices beyond the current owner or occupier of land. Where a nuisance abatement notice has been issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land, the council may apply to the Registrar-General to register the notice against the title of that land. Once registered, the notice (as varied from time to time) is binding on each owner and occupier of the land from time to time. This means that a new owner or occupier who acquires the land after registration will be bound by the terms of the notice. A person who ceases to own or occupy the land must notify the council in writing of the name and address of the new owner or occupier as soon as reasonably practicable, with a maximum penalty of $2,000 for non-compliance. The council is required to apply for cancellation of the registration upon revocation of the notice, full compliance, or payment of any amounts recoverable under the Act. This is a significant enforcement enhancement for councils dealing with persistent nuisance issues on land that may change hands.
Building and Construction Material Dragged onto Roads (commencing 18 June 2026)
The Amendment Regulations expand the definition of ‘general litter’ by prescribing an additional category of material that falls within it. Specifically, building or construction material — including clay, concrete, rock, sand, soil or other mineralogical matter — that is dragged onto a road by a vehicle’s tyres following the vehicle’s departure from a building or construction site will constitute ‘general litter’ for the purposes of the LNLC Act. This is a practical and targeted reform that addresses a common source of road contamination arising from construction activity. It means that persons responsible for such material being dragged onto a road may be subject to the litter offences and enforcement mechanisms available under the LNLC Act, including the issuing of expiation notices and litter abatement notices by local councils.
Liquor Licensing Act 1997 (commencing 18 June 2026)
As it currently stands, any form of nuisance from premises licensed under the Liquor Licensing Act is excluded from being regulated under the LNLC Act. As such, local councils have no ability to apply the LNLC Act over these licensed premises, and complaints can only be managed by the Commissioner under the Liquor Licensing Act.
The Amendment Act further clarifies the above notion, and amends section 106 of the Liquor Licensing Act to confirm that nuisances directly related to the licence, such as the service of alcohol and noise or behaviour from persons, is regulated by the Liquor Licensing Act only. All other nuisances from these premises, such as noisy air conditioners, will continue to be regulated by the LNLC Act and enforced by local councils.
Increase to Expiation Fees (commencing 18 June 2026)
Various provisions within the LNLC Act will be amended to reflect increased expiation fees, some of which have been discussed above. As outlined by the EPA during consultation for the Amendment Act, the increase in fees aims to improve deterrence rates for those who litter or create nuisance within the community.
New Offences: Air Conditioners and Lighting (commencing 17 June 2027)
The Amendment Act includes a new section 19A provision that will make it offence to install an air conditioner or an external light (designated device) on premises where it causes a local nuisance. Local councils will be able to issue expiation notices of $210 to individuals and $500 to body corporates, with maximum penalties set at $5,000 and $10,000, respectively.
It is important to note here that it is the person who installs or causes the installation of the designated device that will be guilty of an offence under the Amendment Act. However, there are some statutory defences available, such as not being able to foresee or reasonably expect the installation and operation to cause a local nuisance, or that the local nuisance was caused by the designated device being defective.
New Obligations on Business Owners (commencing 17 June 2027)
Business owners will soon have a new general duty under section 21A of the Amendment Act to take all reasonable and practicable measures to prevent or minimise litter in and around their businesses. This includes a duty to prevent or minimise litter that is disposed of by customers of the business, or that escapes from a stormwater management system under the management or control of the business. This section is informed by the now expanded definition of litter, which will include any matter or thing directly or indirectly deposited into a stormwater management system. Notably, failing to comply with this duty is not an offence of itself, however, local councils can enforce the duty through issuing a litter abatement notice.
Abandoned Shopping Trolleys (commencing 17 June 2027)
The Amendment Act will expand the term ‘general litter’ to include shopping trolleys, giving local councils more power to work with retailers to prevent and deal with abandoned shopping trolleys. This change will mean any abandoned shopping trolleys which block footpaths, create traffic hazards, or end up in any waterways will be considered litter.
To supplement this change, the Amendment Act introduces numerous statutory controls addressing the management of shopping trolleys.
Retailers that provide shopping trolleys will need to ensure each trolley is marked with, or has attached, the retailer’s trading name and contact information or QR code, to enable an abandoned trolley to be returned.
Once a retailer is notified or becomes aware that a trolley has been abandoned at a place outside the business premises, they will have 3 business days to collect the trolley or, they could face a council-issued expiation fee of $500 or receive a maximum penalty of $5,000, if pursued in court. Where a trolley is, or may be, causing a hazard, increased penalties and more stringent collection deadlines will apply.
Importantly, a retailer will be not in breach if collection of the trolley poses an unacceptable risk to health and safety, if the trolley cannot be collected using standard equipment, or the retailer would be in breach of regulatory requirements or other laws, such as trespass.
With shopping trolley’s classified as litter under the Amendment Act, local councils will also be able to issue litter abatement notices to retailers for compliance with these new rules and may also impose a requirement that retailers prepare a plan of action for the management of shopping trolleys.
Overall, the reforms are a welcome development for local councils, equipping them with clearer powers, better cost recovery mechanisms, and stronger enforcement tools to keep their communities clean and liveable.
Should you require advice or assistance regarding any of the matters raised in this article, please contact Dale Mazzachi on +61 8 8210 1221 or DMazzachi@normans.com.au, Paul Kelly on +61 8 8210 1248 or PKelly@normans.com.au or Michael Woon on +61 8 8210 1249 or MWoon@normans.com.au.
