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Petitions

 

Petitions Submission Process and Template

The local government system is designed to give the community the opportunity to raise concerns about issues, such as traffic control in their area.

If you or a group of people would like to raise an issue with the Council, you can contact your Elected Members or the Chief Executive Officer (CEO): by letter, telephone, email or in person.

Another way to raise these concerns is through the lodgement of a petition. This is a document containing the names, signatures and addresses of a group of people who have a common cause to present to Council.

As petitions are regarded as a legitimate form of communication with the Council, it is incumbent upon petitioners to ensure certain procedures are followed. Following are some guidelines to assist you in this process.

Petitions concerning Development Applications are handled differently under the Development Act 1993
and are outlined further in this document.

Submitting a petition

Step 1

View the Local Government (Procedures at Meetings) Regulations 2013 to find out how to format your petition and how it will be handled by Council. Each page of the petition must:

a) be legibly written or typed or printed; and
b) clearly set out the request or submission of the petitioners (at the top of each page); and
c) show the name of each person printed with their signature and address; and
d) be addressed to the Council and delivered to the Council Ofice.

 

Step 2

Prepare your petition using Council's petition template and distribute it to the community.

 

Step 3

Provide a covering letter with the petition detailing the name, address and contact details of the Head Petitioner(s) to whom we can address correspondence.

Other requirements include:

1. The petition should be in the English language (or be accompanied by a translation and certified as such by a host petitioner)
2. The petition must be signed personally by every petitioner unless a Power of Attorney exists.
3. Photocopies or signatures pasted on to the petition are unacceptable.
4. Corporations must be signed under Seal.
5. No letter or affidavits or other document(s) can be attached.
6. The wording should not be disrespectul to the Council or of individuals and generally should be temperate in tone.
7. The original copy of each page of the petition must be provided to Council.

 

Step 4

Submit the petition to Council by lodging with the CEO at the Council Office, 21 Beach Terrace Elliston no later than five (5) clear days before a Council meeting.

After your petition is received by Council

Once the petition is received by the CEO, the CEO will arrange for it to be tabled at the beginning of the next available Council meeting with a short report indicating the number of signatures and a suggested course of action.

In certain circumstances, the CEO may convey the document informally to Elected Members so they are aware of its existence before the Council meeting.

Members of the public are welcome to attend all Council and Section 41 Committee meetings but cannot participate in the debate at these meetings.

You are able to submit a Deputation, which is an oral way of presenting an issue to the notice of all Elected Members at a Council meeting. Details on how to submit a deputation can be found on our website.

Notification of the outcome

The relevant manager will contact you about the status of your petition once a recommendation is made by the Council.

Petitions on Development Assessment Matters

There is no specific provision for the lodging of petitions as such under the Planning, Development and Infrastructure Act 2016 (the Act). A petition relating to a Development Application is treated as a "representation" before the Council Assessment Panel. The host petitioner is entitled to address the Panel upon the matter, in accordance with the Act.

In these cases the petition/representation should be addressed to the "Presiding Officer and Members of the District Council of Elliston Council Assessment Panel" and must be lodged with the Chief Executive Officer. To be treated as a "representation" a document must meet the criteria in Section 38 and Regulation 35 of the Development legislation viz. it must:

1. Be received within the advertised period of the Development Applicaiton;
2. Give the names and addresses of the people making the representation;
3. Nominate the person who is to be taken as making the representation (if no individual is named, the first person listed will be taken to be making the representation);
4. Set out with reasonable particularity, the reasons for the representation i.e. give details of the petitioners'/representors' views concerning the Development Applicaion in question; and
5. Indicate whether or not the person(s) making the representation wish(es) to be heard by the Council Assessment Panel.

 

 

District Council of Elliston
21 Beach Terrace
Elliston SA 5670
Fax: 08 8687 9176