South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
Part, a private certifier may exercise the powers of a relevant authority to
make any assessment, require information, give any consent or approval or make
any other decision in relation to a proposed development or a particular
aspect of a proposed development.
(2) A
private certifier may only exercise a power under subsection (1) to the
extent prescribed or authorised by the regulations.
(2a) An application to
a private certifier for the purposes of this Act must be in a form determined
by the Minister.
(3) A
private certifier cannot grant a development plan consent.
(4) Subject to this
Part, a decision of a private certifier in relation to a proposed development
has the same effect and is subject to appeal in the same way as a decision of
the relevant authority that would otherwise be exercising the relevant
function under this Act.
(5) A
private certifier is subject to the same duties and requirements as the
relevant authority that would otherwise be exercising the function under this
Act.
(6) If a
relevant authority receives a certificate given by a private certifier for the
purposes of this Act—
(a) the
relevant authority incurs no liability if it relies on the certificate; and
(b) the
relevant authority cannot be held liable for a subsequent act or omission of
the relevant authority in relation to a matter within the ambit of the
certificate.