South Australian Consolidated Acts South Australian Consolidated Acts (1) An authorised
officer may make an emergency order under this section if the
authorised officer is of the opinion that the order is necessary—
(a)
because of a threat to safety arising out of the condition or use of a
building or an excavation; or
(b)
because of a threat to any State heritage place or local heritage place.
(1a) However, the
power conferred by subsection (1)(a) may only be exercised by an
authorised officer who holds prescribed qualifications.
(2) An emergency order
may require the owner of any building or land to do any one or more of the
following things:
(a)
evacuate the building or land;
(b) not
to conduct or not to allow the conduct of a specified activity or immediately
terminate a specified activity;
(c)
carry out building work or other work.
(3) An emergency order
may also prohibit the occupation of a building or land or the use of a
building or land for a specified activity, or an activity of a specified
class.
(4) If an owner fails
to carry out work as required by an emergency order, the council may cause the
necessary work to be carried out.
(5) The reasonable
costs and expenses incurred by the council (or any person acting on behalf of
the council) under this section may be recovered by the council as a debt due
from the owner.
(6) Where an amount is
recoverable from a person by the council under this section—
(a) the
council 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 council on any land owned by the person.
(7) On completion of
any work required to be carried out by an emergency order, the owner must
notify the authorised officer in writing.
Penalty: Division 7 fine.
(8) An order under
this section must be given in writing unless the authorised officer considers
that urgent action is required, in which case it may be given orally.
(9) If the direction
is given orally under subsection (8), the authorised officer who gave the
direction must confirm the direction by notice in writing by 5 p.m. on the
next business day.
(10) An appeal against
an order 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.
(11) Subject to an
order of the Court to the contrary, the operation of an order under this
section is not suspended pending the determination of an appeal.
(12) A person who
contravenes or fails to comply with an order under this section is guilty of
an offence.
Penalty: Division 5 fine.
Default penalty: $50.
(13) It is a defence
to a prosecution under subsection (12) if the defendant satisfies
the court that he or she was unaware of the fact that an activity in respect
of which the offence arose was the subject of an order under this section.
(14) In this
section—
"building" includes a building in the course of construction;
"excavation" includes a well or hole.