South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 215

215—Special provisions for certain kinds of roadwork

        (1)         If a council changes the level of a road, the council must—

            (a)         ensure that adjoining properties have adequate access to the road; and

            (b)         construct any retaining walls, embankments or other structures necessary to provide protection required in consequence of the change of level.

        (2)         A council may carry out roadwork to allow water from a road to drain into adjoining property if, in the council's opinion—

            (a)         there is no significant risk of damage to the adjoining property; or

            (b)         the roadwork does not significantly increase the risk of damage to adjoining property. ¹

        (3)         A court may award damages against the council for damage caused by the drainage of water into an adjoining property in consequence of roadwork carried out by the council under subsection (2) only if satisfied that the council acted on an unreasonable basis.

        (4)         A council must give reasonable notice of proposed action to drain water into land under subsection (2) to the owner of the land—but notice is not required in a case of urgency.

Note—

1         The council may of course acquire a licence or easement to permit the drainage of water into the adjoining property.