South Australian Consolidated Acts South Australian Consolidated Acts41—Recovery of amounts payable to board
(1) Where the board is
empowered to recover the cost of any work from a person under this Act, the
board must first serve notice on the person of the amount of the cost and the
amount becomes due and payable on the expiration of 28 days from the day on
which the notice is so served.
(1a) Where an amount
is due and payable by a person to the board under this Act, the following
provisions apply:
(a) the
person will, if the amount is not paid to the board within 28 days after the
day on which the amount became due and payable, be liable to pay, in addition,
a fine of 10 per cent on the amount unpaid by the person;
(b) any
such fine may be recovered (together with the amount to which the fine
relates) as a debt due to the board by action in a court of competent
jurisdiction;
(c) the
amount together with any such fine is until paid—
(i)
in the case of an amount payable for the cost of work
carried out in respect of a fence—a first charge in favour of the board
on the land of which that person is owner adjoining the fence or on which the
fence is situated; or
(ii)
in any other case—a first charge in favour of the
board on the land in respect of which the amount is payable.
(1b) The board may, in
its discretion, on grounds of hardship or otherwise, remit the whole or any
part of an amount payable to the board under this Act, or postpone payment or
allow payment by instalments.
(1c) In any legal
proceedings, an apparently genuine document purporting to be executed by the
board and certifying as to any amount payable to the board by a person under
this Act is, in the absence of proof to the contrary, to be accepted as proof
of the matters so certified.
(2) If under
section 23 an amount is payable to the board by a local board, that
amount is to be set off against any amount payable to the local board by way
of rates collected or recovered for that local board by the board under Part
4.