South Australian Consolidated Acts

DEVELOPMENT ACT 1993 - SECT 101

101—Professional advice to be obtained in relation to certain matters

        (1)         A relevant authority, authorised officer or private certifier may, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.

        (2)         A relevant authority, authorised officer or private certifier must seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under this Act that is declared by regulation to be a matter on which such advice should be sought.

        (3)         A person may be approved by the Minister for the purposes of subsection (2) subject to such conditions as the Minister thinks fit, and the Minister may vary or withdraw such an approval at any time.

        (4)         No act or omission by a person or body in good faith on reliance on a certificate given under subsection (1) or advice given under subsection (2) subjects the person or body to any liability.

        (5)         A person must not undertake an engagement to provide a certificate or advice for the purposes of this section in relation to a particular development if the person—

            (a)         has been involved for remuneration in any aspect of the planning or design of the development; or

            (b)         has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development.

Penalty: Division 4 fine.