South Australian Consolidated Acts South Australian Consolidated Acts41—Time within which decision must be made
(1) A
relevant authority should deal with an application as expeditiously as
possible and within the time prescribed by the regulations.
(2) If a
relevant authority does not decide an application within the time prescribed
under subsection (1) (other than an application that relates to
development that is a complying development), the applicant may—
(a)
after giving 14 days notice in writing to the relevant authority—apply
to the Court for an order requiring the relevant authority to make its
determination within a time fixed by the Court; or
(b) in
the case of a proposed development that falls within the ambit of
section 35(5)—give the relevant authority a notice in accordance
with the regulations requiring the relevant authority to make its
determination within 14 days after service of the notice.
(3) If the Court makes
an order under subsection (2)(a), the Court should also order the
relevant authority to pay the applicant's costs of the proceedings unless
the Court is satisfied—
(a) that
the delay is not attributable to an act or omission of the relevant authority;
or
(b) that
the delay is attributable to a decision of the relevant authority not to deal
with the application within the relevant time because—
(i)
it appeared to the relevant authority that there had been
a failure to comply with a requirement prescribed by or under this Act; or
(ii)
the relevant authority was not provided with appropriate
documentation or information relevant to making a decision under this Act; or
(iii)
the relevant authority believed, on other reasonable
grounds, that it was not appropriate to decide the matter in the particular
circumstances; or
(c) that
an order for costs should not be made for some other reason.
(4) If a notice is
given under subsection (2)(b) and the relevant authority does not make a
determination on the relevant application within 14 days after service of
the notice, it will be taken that the relevant authority has refused to grant
the application (and the relevant authority will be taken to have given notice
of its decision at that time (and will not need to give any notice under
section 40)).
(5) If—
(a) a
relevant authority does not decide an application that relates to development
that is a complying development within the time prescribed under
subsection (1); and
(b) the
applicant gives the relevant authority a notice in accordance with the
regulations on the basis that the decision on the application has not been
made,
then—
(c) it
will be taken that the relevant authority has, despite section 35(1),
refused to grant the application (and the relevant authority will be taken to
have given notice of its decision at that time (and will not need to give any
notice under section 40)); and
(d)
subject to any exclusion or qualification prescribed by the regulations, the
relevant authority must refund the fee received by the relevant authority
under section 39(1)(d) in relation to the application.