South Australian Consolidated Acts South Australian Consolidated Acts12A—Powers and duties of relevant authorities
(1) It is the duty of
the Minister—
(a) to
promote proper standards of public and environmental health in the State
generally; and
(b)
without derogating from the powers of a local council under this Act (but
subject to this section), to take adequate measures to ensure that the
provisions of this Act are observed within the State.
(2) Subject to this
section, it is the duty of a local council—
(a) to
promote proper standards of public and environmental health in its area; and
(b) to
take adequate measures to ensure that the provisions of Part 3 are observed in
its area; and
(c) to
take reasonable steps—
(i)
to prevent the occurrence and spread of
notifiable diseases within its area; and
(ii)
to prevent any infestation or spread of vermin, rodents
or other pests within its area.
(3) If, in the opinion
of the Council, a local council has failed to discharge its duty under this
section, the Council must consult with the local council in relation to the
matter.
(4) If, after taking
action to comply with subsection (3), the Council considers that the
matter remains unresolved, the Council may take such action as appears
appropriate.
(5) Without limiting
the generality of subsection (4), the Council may, by notice in the
Gazette, withdraw powers from a local council and transfer them to the
Minister.
(6) Before taking
action under subsection (5)—
(a)
the Council must, by notice in writing—
(i)
inform the local council of its proposed course of action
(setting out the grounds on which that action is proposed); and
(ii)
invite the local council to make written submissions in
relation to the matter; and
(b) if
the local council so requests in written submissions to the Council—the
Council must discuss the matter with a delegation representing the
local council.
(7) The Council must,
as soon as is reasonably practicable after publishing a notice under
subsection (5), furnish the local council with written reasons for its
decision.
(8) The Minister may
recover as a debt costs and expenses reasonably incurred in exercising powers
transferred under subsection (5) from the local council from which the
powers are withdrawn.
(9) The Council may,
by subsequent notice in the Gazette, revoke a notice under
subsection (5).
(10) The Minister may
agree to discharge on behalf of a local council any part of its duty under
subsection (2).
(11) An agreement
under subsection (10) may be made subject to conditions and limitations.
(12) Where the
Minister enters into an agreement under subsection (10), the Minister is,
to the extent contemplated by the agreement, vested with the powers of the
local council in respect of which the agreement is made.
(13) A breach of duty
under this section does not give rise to any civil liability.