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Civil enforcement

Sections 212 to 214 of the Planning, Development and Infrastructure Act 2016 (SA) set out the process for seeking a legal remedy through Civil enforcement.

Civil enforcement is legal action that can be taken by any person in relation to an alleged or anticipated breach of the Planning, Development and Infrastructure Act 2016 (SA). A typical action would be against a person who undertakes development without approval, or fails to comply with conditions attached to the approval. This is not an appropriate form of action to complain about the relevant authority's decision-making process or any mistakes made.

Section 214(1) of the Act provides that "Any person may apply to the Court for an order to remedy or restrain a breach of this Act or the repealed Act". The types of remedies that can be sought from the court include: injunctions, declarations and compensation (damages). The procedure for bringing section 214 proceedings is complicated and legal advice should be sought. There is also a three year limitation period which can serve to entrench long-standing illegal developments unless the Attorney-General agrees to extend the time limit for court proceedings [s 214(19)].

Civil enforcement  :  Last Revised: Wed Aug 27th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.