South Australian Numbered Acts

DEVELOPMENT (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 79 OF 2005) - SECT 11

11—Amendment of section 41—Time within which decision must be made

Section 41(2) and (3)—delete subsections (2) and (3) and substitute:

        (2)         If a relevant authority does not decide an application within the time prescribed under subsection (1), the applicant may—

            (a)         after giving 14 days notice in writing to the relevant authority—apply to the Court for an order requiring the relevant authority to make its determination within a time fixed by the Court; or

            (b)         in the case of a proposed development that falls within the ambit of section 35(5)—give the relevant authority a notice in accordance with the regulations requiring the relevant authority to make its determination within 14 days after service of the notice.

        (3)         If the Court makes an order under subsection (2)(a), the Court should also order the relevant authority to pay the applicant's costs of the proceedings unless the Court is satisfied—

            (a)         that the delay is not attributable to an act or omission of the relevant authority; or

            (b)         that the delay is attributable to a decision of the relevant authority not to deal with the application within the relevant time because—

                  (i)         it appeared to the relevant authority that there had been a failure to comply with a requirement prescribed by or under this Act; or

                  (ii)         the relevant authority was not provided with appropriate documentation or information relevant to making a decision under this Act; or

                  (iii)         the relevant authority believed, on other reasonable grounds, that it was not appropriate to decide the matter in the particular circumstances; or

            (c)         that an order for costs should not be made for some other reason.

        (4)         If a notice is given under subsection (2)(b) and the relevant authority does not make a determination on the relevant application within 14 days after service of the notice, it will be taken that the relevant authority has refused to grant the application (and the relevant authority will be taken to have given notice of its decision at that time (and will not need to give any notice under section 40)).