Civil enforcement is available in the Planning, Development and Infrastructure Act 2016 (SA) [see ss 212-214]. Civil enforcement is legal action that can be taken in relation to an alleged or anticipated (threatened) breach of the Planning, Development and Infrastructure Act 2016 (SA). A typical action would be against a person who undertakes development without approval, or fails to comply with conditions attached to the approval. This is not an appropriate form of action to complain about the relevant authority's decision-making process or any mistakes made.
Any person has the right to apply to the Court for an order to remedy or restrain a breach of the Act [s 214(1)]. The types of remedies that can be sought from the court include injunctions and compensation (damages) [s 214(6)]. The procedure for bringing court proceedings is complicated and legal advice should be sought. There is also a 3 year time limit unless the Attorney-General agrees to extend the time limit for court proceedings [s 214(19)].