South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 23

23—Action on default

        (1)         Where the requirements of a notice under this Part are not complied with, the authority may cause the requirements to be carried out.

        (2)         A person authorised to do so by the authority may enter premises at any reasonable time for the purposes of carrying out the requirements of a notice, but shall not break into the premises unless authorised to do so by warrant of a justice.

        (3)         A justice may issue a warrant under subsection (2) if satisfied, by affidavit or other sworn evidence, that the warrant is reasonably required in the circumstances of the case.

        (4)         The authority may recover the costs and expenses reasonably incurred in exercising the powers under subsection (1) from the person who failed to comply with the notice, as a debt.

        (5)         Any costs and expenses reasonably incurred in exercising powers under subsection (1) in respect of land will be a charge against the land and may be recovered as if they were rates in arrear.



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