South Australian Numbered Acts South Australian Numbered ActsAfter section 39 insert:
39A—Protection orders
(1) The Minister may
issue an order under this section if the Minister believes that the order is
reasonably necessary to ensure or secure compliance with any requirement
imposed by or under this Act.
(2) An order under
this section—
(a) must
be in the form of a written notice served on the person to whom the notice is
issued; and
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person); and
(c) must
state the grounds on which it is made with reasonable particularity; and
(d) may
impose any requirement reasonably required for the purpose for which the order
is issued including 1 or more of the following:
(i)
a requirement that the person discontinue, or not
commence, a specified activity indefinitely or for a specified period or until
further notice from the Minister or a person specified by the Minister;
(ii)
a requirement that the person take specified action to
protect any place or object from damage or deterioration;
(iii)
a requirement that the person secure any place or object
to a standard specified by the Minister;
(iv)
a requirement that the person take specified action,
including action to make good, to the satisfaction of the Minister, any damage
or situation caused, or apparently caused, by the person;
(v)
a requirement that a person control any specified
activity; and
(e) must
state that the person may, within 21 days, appeal to the Court against the
order or any subsequent variation of the order.
(3) The Minister may,
by written notice served on a person to whom an order has been issued under
this section, vary or revoke the order.
(4) A person to whom
an order is issued must comply with the order.
Maximum penalty: $50 000.
(5) If a person fails
to comply with the requirements of an order, the Minister may cause any action
contemplated by the order to be carried out and recover the cost of doing so,
as a debt, from the person against whom the order was made.
(6) A person taking
action under subsection (5) may enter any relevant land at any reasonable
time.
(7) A person to whom
an order has been issued under this section may appeal to the Court against
the order, or any variation of the order, within 21 days after the order is
issued or the variation is made.
(8) The Court may, if
satisfied that it is just and reasonable in the circumstances to do so,
dispense with the requirement that an appeal be made within the period fixed
under subsection (7).
(9) Subject to
subsection (10), the making of an appeal does not affect the operation of
the order to which the appeal relates or prevent the taking of action to
implement or enforce the order.
(10) The Court or the
Minister may, on its or the Minister's own initiative or on application by a
party to the appeal, suspend the operation of an order until the determination
of an appeal.
(11) A suspension
under subsection (10) may be made subject to specified conditions, and
may be varied or revoked by the Court or the Minister (as the case requires)
at any time.
(12) The Court may, on
hearing an appeal—
(a)
confirm, vary or revoke the order appealed against, or substitute any order
that should have been made in the first instance;
(b)
remit the subject matter of the appeal to the Minister;
(c)
order or direct a person to take such action as the Court thinks fit, or to
refrain (either temporarily or permanently) from such action or activity as
the Court thinks fit;
(d) make
any consequential or ancillary order or direction, or impose any condition,
that it considers necessary or expedient.