Civil enforcement is legal action that can be taken by any person in relation to an alleged or anticipated breach of the Development Act 1993 (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 council's decision-making process or any mistakes made.
Section 85 of the Development Act 1993 (SA) provides that "Any person may apply to the Court for an order to remedy or restrain a breach of this Act". The types of remedies that can be sought from the court include: injunctions, declarations and compensation (damages). The procedure for bringing section 85 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.
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.