South Australian Consolidated Acts South Australian Consolidated Acts692—Recovery of amounts due to council
(1) If any provision
of this Act provides that any fees, charges, expenses or other amounts may be
recovered by the council from any person, or are payable to the council by any
person, the fees, charges, expenses or other amounts may be recovered by
action in a court of competent jurisdiction.
(2) If any such fees,
charges, expenses or other amounts are payable by reason of anything done in
respect of any ratable or other property, or are payable by any person by
reason of being the owner or occupier of any ratable or other property within
the area, the fees, charges, expenses or other amounts may, after the
expiration of 14 days after demand for payment is given by notice in writing
by the council to the person from whom recovery is sought, be recoverable in
any manner (other than by exercising a power of sale) in which rates are
recoverable as if the fees, charges, expenses or other amounts had been a rate
declared on the property at the time of the making of the demand and of which
notice had been given.
Unless otherwise provided, no such fees, charges, expenses or other amounts
are a charge on the property.
Any notice in writing given by the council requiring payment of any such fees,
charges, expenses or other amounts are a sufficient demand for the purpose of
this subsection.
(2a)
Subsection (2) does not apply with respect to—
(a)
rates, charges, interest or fines recoverable under Part X;
(b)
fees, charges, expenses or other amounts payable to a council under
Division II of Part XXIV.
(3) If the payment of
any such fees, charges, expenses or other amounts are declared by any
provision of this Act to be a charge on any ratable or other property, the
charge continues notwithstanding any change in the ownership of the property
or any part of it, and the property may be sold by the council in the manner
provided by Part X for the recovery of the fees, charges, expenses or other
amounts, or any part of it remaining unpaid for the time provided by that Part
after becoming payable to or recoverable by the council. All the provisions of
that Part apply to any such sale, and for that purpose the Part will be
construed as if the word "rate" included a reference to the fees, charges,
expenses or other amounts.
(4) If a fee, charge,
expense or other amount that is a charge on land is not paid within
30 days of a demand by the council for payment, the amount payable will
bear interest at the prime bank rate for that financial year plus 3 per cent.