The Planning, Development and Infrastructure Act 2016 (SA) allows urgent building work that is needed to protect any person or building or to provide temporary accommodation for persons affected by flooding [Planning, Development and Infrastructure Act 2016 (SA) s 135(1), Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 62A, Schedule 6A cl 2].
Where urgent building work is undertaken the relevant authorities must be notified immediately by telephone or email [Planning, Development and Infrastructure Act 2016 (SA) s 135(2)(a), Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 63(1)]. The owner of the land on which the work is carried out must apply for development authorisation [Planning, Development and Infrastructure Act 2016 (SA) s 135(2)(c), Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 63(2)]. If development authorisation is refused, the land or building affected by the work must be returned, so far as is practicable, to its previous condition [Planning, Development and Infrastructure Act 2016 (SA) s 135(2)(d)].
Where a developer receives an approval and commences the work, then ceases the work and leaves the building partially completed, the council can apply to the court for an order that the developer complete the building or demolish it [Planning, Development and Infrastructure Act 2016 (SA) s 205(1)(d)(ii)]. If the developer fails to comply with the court order the council can itself carry out the work and then take proceedings to recover the costs of so doing.