South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEVELOPMENT ACT 1993 - SECT 56

56—Completion of work

        (1)         Where—

            (a)         an approval is granted under this Part; but

            (b)         the development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,

a relevant authority may, by notice in writing, require the owner of the relevant land to complete the development within a period specified in the notice.

        (2)         If an owner fails to carry out work as required by a notice under subsection (1), the relevant authority may cause the necessary work to be carried out.

        (3)         The reasonable costs and expenses incurred by the relevant authority (or any person acting on behalf of the relevant authority) under this section may be recovered by the relevant authority as a debt due from the owner.

        (4)         Where an amount is recoverable from a person by a relevant authority under this section—

            (a)         the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate on the amount unpaid; and

            (b)         the amount together with any interest charge so payable is until paid a charge in favour of the relevant authority on any land owned by the person.

        (5)         A person who has been served with a notice under this section may appeal to the Court against the notice.

        (6)         An appeal against a notice under this section must be commenced within 14 days after the order is given to the appellant unless the Court allows a longer time for the commencement of the appeal.

        (7)         In this section—

"relevant authority" means—

            (a)         a council; or

            (b)         a regional development assessment panel; or

            (c)         the Development Assessment Commission; or

            (d)         the Minister.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback