South Australian Current Acts South Australian Current Acts (1) A council must,
before taking action to make an order under this Part (but subject to this
section), give the person to whom it is proposed that the order be directed a
notice in writing—
(a)
stating the proposed action, including the terms of the proposed order and the
period within which compliance with the order will be required; and
(b)
stating the reasons for the proposed action; and
(c)
inviting the person to show, within a specified time (of a reasonable period),
why the proposed action should not be taken (by making representations to the
council or a person nominated to act on behalf of the council).
(2) If a notice is
directed to a person who is not the owner of the relevant land, the council
must take reasonable steps to serve a copy of the notice on the owner.
(3) The council may,
after considering representations made within the time specified under
subsection (1)—
(a) make
an order in accordance with the terms of the original proposal; or
(b) make
an order with modifications from the terms of the original proposal; or
(c)
determine not to proceed with an order.
(4) The council is not
required to give further notice before it makes an order with modifications
under subsection (3)(b).
(5) A council
may—
(a)
include two or more orders in the same instrument;
(b)
direct two or more persons to do something specified in the order jointly.
(a)
subject to this section, specify a reasonable period within which compliance
with the order is required; and
(b)
state the reasons for the order.
(7) An order must be
served on the person to whom it is addressed. 1
(8) If an order is
directed to a person who is not the owner of the relevant land, the council
must take reasonable steps to serve a copy of the order on the owner.
(9) If land is owned
or occupied by more than one person—
(a) an
order in respect of the land is not invalid merely because it is not directed
to all of those owners or occupiers; and
(b) an
owner or occupier who complies with an order may recover a fair contribution
from other owners or occupiers.
(10) Nothing in this
section affects the right of a person from recovering from another all or any
of the expenses incurred by the person in complying with an order.
(11) A council may, at
the request, or with the agreement, of the person to whom an order is
directed, vary an order or may, on its own initiative, revoke an order if
satisfied that it is appropriate to do so.
(12) If a council, in
the circumstances of a particular case, considers—
(a) that
an activity constitutes, or is likely to constitute, a threat to life or an
immediate threat to public health or public safety; or
(b) that
an emergency situation otherwise exists,
the council may—
(c)
proceed immediately to make an order under this section without giving notice
under subsection (1); and
(d)
require immediate compliance with an order despite subsection (6)(a).
(13) A council is not
required to comply with any other procedure, or to hear from any other person,
except as provided by this section before it makes an order under this
section.
Note—
1 See Chapter 14 Part 2 about various forms of
service.