South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) If a relevant
authority is satisfied that a person has caused harm to any natural resource
by contravention of—
(a) the
requirements of Chapter 2 Part 2
; or
(b) a
requirement under section 133
or 182; or
(ba) the
requirements of Chapter 7 Part 5A
; or
(c) a
management agreement; or
(d) any
other requirement imposed by or under this Act or a repealed Act and
prescribed by the regulations for the purposes of this section,
the relevant authority may (whether or not a reparation order has been issued
to the person) issue a reparation authorisation under which authorised
officers or other persons authorised by the relevant authority for the purpose
may take specified action on the relevant authority's behalf to make good any
resulting damage to the natural resource.
(2) A reparation
authorisation—
(a) must
be in the form of a written notice; and
(b) must
specify the person alleged to have caused the harm (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
include authorisation for action to be taken to prevent or mitigate further
harm to any natural resource.
(3) A
relevant authority must, as soon as practicable after issuing a reparation
authorisation, serve a copy of the authorisation on the person alleged to have
caused the harm.
(4) A
relevant authority may, by notice in writing, vary or revoke a reparation
authorisation and must, as soon as practicable after doing so, serve a copy of
the notice on the person alleged to have caused the harm.
(5) The copy of the
authorisation must be accompanied by a written notice stating that the person
may, within 21 days, appeal to the ERD Court against the issuing of the
reparation authorisation.
(6) If a person other
than an authorised officer is authorised to take action under subsection (1)
, the following provisions apply:
(a) the
relevant authority that issued the order must issue the person with an
instrument of authority;
(b) the
person may exercise such powers of an authorised officer as are reasonably
required for the purpose of taking action under that subsection;
(c) the
provisions of this Act apply in relation to the exercise of such powers by the
person in the same way as in relation to an authorised officer;
(d) the
person must produce the instrument of authority for the inspection of any
person in relation to whom the person intends to exercise powers of an
authorised officer.
(7) A person taking
action under a reparation authorisation may enter any relevant land at any
reasonable time.
(8) The reasonable
costs and expenses incurred by a relevant authority in taking action under a
reparation authorisation may be recovered by the relevant authority as a debt
from the person who caused the relevant harm.
(9) If an amount is
recoverable from a person by a relevant authority under this section—
(a) the
relevant authority 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 by the person, and, if the amount is not paid by the
person within that period, the person is liable to pay interest charged at the
prescribed rate per annum on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Crown on any land owned by the person in relation to which the
reparation authorisation is registered under Division 2 .
(10) In this
section—
"relevant authority" means—
(a) an
NRM authority; or
(b) the
Chief Officer.