South Australian Numbered Acts South Australian Numbered Acts (1) The State
Co-ordinator may, at any time after the declaration of an identified major
incident, a major emergency or a disaster under Division 3, direct authorised
officers to take specified action for the purposes of carrying out recovery
operations in accordance with the State Emergency Management Plan.
(2) An authorised
officer may be assisted by volunteers in carrying out recovery operations
under this section and may give such directions to a volunteer as the officer
thinks necessary for that purpose.
(3) A recovery
operation under this section cannot be carried out on private land
unless—
(a) the
owner of the land consents to the operation being carried out on the land; or
(b) the
State Co-ordinator is satisfied that it is not reasonably practicable to seek
the consent of the owner of the land (because the owner cannot be located or
for any other reason) or that the consent of the owner is being unreasonably
withheld.
(4) Where—
(a) the
State Co-ordinator is satisfied that it is necessary or expedient that
particular work be carried out in the course of a recovery operation under
this section; and
(b) a
person has (apart from this section) a duty to carry out the work or a legal
liability in respect of carrying out the work,
the State Co-ordinator may cause the work to be carried out and recover, as a
debt from the person, the reasonable costs of carrying out the work.
(5) For the purposes
of subsection (4)—
(a) if
an independent contractor is engaged for the purpose of carrying out the
work—the reasonable costs of carrying out the work will be taken to be
the actual costs of engaging the contractor (and in any proceedings under
subsection (4) a certificate apparently signed by the State Co-ordinator
certifying the costs of engaging the contractor is, in the absence of proof to
the contrary, to be accepted as proof of the costs so certified); or
(b) in
any other case—the reasonable costs of carrying out the work are to be
assessed by reference to the reasonable costs that would have been or would be
incurred in having the action taken by an independent contractor engaged for
that purpose.