South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 257

257—Action on non-compliance

        (1)         If the requirements of an order are not complied with in the time fixed for compliance or, if there is an application for review, within 14 days after the determination of the review, the council may (subject to the outcome of any review) take the action required by the order.

        (2)         Action to be taken by a council under subsection (1) may be taken on the council's behalf by an employee of the council or by another person authorised by the council for the purpose.

        (3)         The reasonable costs and expenses incurred by a council in taking action under this section may be recovered by the council as a debt from the person who failed to comply with the requirements of the order.

        (4)         The regulations may limit the amount of costs and expenses recoverable under subsection (3) in a case involving a European wasp's nest.

        (5)         If an amount is recoverable from a person by a council under this section, the council may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid and, if the amount is not paid by the person within that period—

            (a)         the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

            (b)         if the person is the owner of the land to which the order relates—the council may, in accordance with Schedule 6, impose a charge over the land for the unpaid amount, together with interest.

        (6)         No civil liability attaches to a council, an employee of a council, or a person acting under the authority of a council, for anything done by the council, employee, or person under this section.

        (7)         In this section—

"European wasp's nest" means the nest of an insect of the species Vespula germanica .



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