South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
130—Notice to rectify unauthorised activity
(a)
undertaken an activity of a kind referred to in this Division in contravention
of—
(i)
this Division; or
(ii)
a corresponding previous enactment; or
(b)
contravened or failed to comply with a condition of a
water management authorisation or an authorisation under section 128
or a permit,
the relevant authority may serve notice on the owner of the land on which the
activity was undertaken directing him or her to take such action as is
specified in the notice to rectify the effects of the activity and to take
such other action as the relevant authority considers necessary or desirable
in the circumstances.
(2) If the owner fails
to comply with a notice—
(a) he
or she is guilty of an offence; and
(b) the
relevant authority may enter the land and take the action specified in the
notice and such other action as the authority considers appropriate in the
circumstances and the authority's costs will be a debt due by the owner to the
authority or, if appropriate, the Crown.
Maximum penalty:
(a)
where the offender is a body corporate—$50 000;
(b)
where the offender is a natural person—$25 000.
(3) In this
section—
"corresponding previous enactment" means—
(a) the Local
Government Act 1934 ; or
(b) the Water
Resources Act 1990 ; or
(c) the Water
Resources Act 1997 ;
"relevant authority" means—
(a)
where subsection (1)(a)
applies—the authority that has the power to grant or refuse a licence,
authority or permit in relation to the activity referred to in subsection (1)
; or
(b)
where subsection (1)(b)
applies in relation to a water management authorisation or a permit—the
authority that granted the water management authorisation or permit; or
(c)
where subsection (1)(b)
applies in relation to an authorisation under section 128
—the Minister or the Chief Officer.