South Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1934 - SECT 530C

530C—Septic tanks

        (1)         If a council proposes to undertake a scheme for the disposal of septic tank effluent, the council must give notice of the proposed scheme to the owners of land in the part of its area affected by the scheme.

        (3)         A notice under subsection (1) must include, or be accompanied by—

            (a)         details of the proposed scheme, including a description of any land that would be benefited by the scheme; and

            (b)         an estimate of the costs of the scheme; and

            (c)         particulars of the manner in which the scheme would be financed, including the manner in which the capital and operating costs would be recovered; and

            (d)         details of any plans and specifications relating to the scheme that are available for public inspection.

        (4)         An owner of land within the part of the area affected by the proposed scheme may, within 21 days after the receipt of the notice, lodge an objection to the proposed scheme with the council.

        (5)         The council must consider any objection lodged under subsection (4) and may abandon the scheme or proceed with it with such modifications as it thinks fit.

        (6)         If a scheme is undertaken, the owner of every building in the part of the council's area affected by the scheme must, at the request of the council, at the owner's own expense—

            (a)         provide effluent drains conforming to specifications approved by the South Australian Health Commission that may be necessary for the purposes of the scheme; and

            (b)         remove any sludge that may from time to time accumulate in the tank.

        (7)         Where a request under subsection (6) is not complied with, the council may have the work carried out (and a person authorised to do so by the council may enter premises at any reasonable time for the purposes of carrying out the work).

        (8)         The council may recover as a debt costs and expenses reasonably incurred under subsection (7) from the person in default.

        (9)         Any costs and expenses recoverable under subsection (8) are, while they remain unpaid, a charge on the land.

        (10)         The regulations may prescribe guidelines to assist councils in undertaking schemes for the disposal of septic tank effluent.

        (11)         A regulation may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code or standard prepared or published by any body or authority as in force at the time the regulation is made or as in force from time to time.

        (12)         A regulation cannot be made for the purposes of this section except after consultation with the Local Government Association of South Australia.