South Australian Current Acts South Australian Current Acts245A—Council may require bond or other security in certain circumstances
(1) Subject to this
section, if—
(a) a
person has approval to carry out development under the Planning, Development
and Infrastructure Act 2016 ; and
(b) the
council has reason to believe that the performance of work in connection with
the development could cause damage to any local government land (including a
road) within the vicinity of the site of the development,
the council may, by notice in writing served on the person who has the benefit
of the approval, require the person to enter into an agreement that complies
with any requirements prescribed by the regulations so as to ensure that money
is available to address the cost of any damage that may be caused.
(2) The regulations
may prescribe or limit the terms or conditions of any agreement that may be
required under subsection (1) (including by providing the maximum amount
that may be payable under such an agreement or by providing that a prescribed
form of guarantee or indemnity may be given in substitution for any bond or
other form of security).
(3) A person required
to enter into an agreement under subsection (1) may, within 28 days after
service of the notice under that subsection, appeal to the Environment,
Resources and Development Court against the imposition of the requirement, or
against the terms or conditions of the agreement.
(4) The Court may, on
hearing an appeal—
(a)
confirm, vary or reverse any requirement that has been imposed (but not so as
to create any inconsistency with the regulations);
(b)
remit the matter to the council for further consideration;
(c) make
any consequential or ancillary order, or impose any condition or requirement,
that it considers necessary or expedient.
(5) Subject to the
outcome of any appeal under this section, a person who fails to comply with a
requirement under this section within a period prescribed by the regulations
is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
(6) A regulation
cannot be made under this section unless the Minister has given the LGA notice
of the proposal to make a regulation under this section and given
consideration to any submission made by the LGA within a period (of between 3
and 6 weeks) specified by the Minister.
Chapter 12—Regulatory functions