The power conferred by s 85(17) of the Development Act 1993 (SA) to vary or revoke remedial orders extends to consent orders made following settlement conferences under s 16 of the ERD Court Act, and is not constrained by the Harvey v Phillips principle. However, the Full Court was divided on the reasoning: Kourakis CJ and Stanley J held Harvey v Phillips does not apply to express statutory powers in public interest proceedings; Gray J held Harvey v Phillips does apply but that the consent order was unenforceable due to changed circumstances beyond the respondent's control. The finality of consent orders remains a relevant consideration in the exercise of the discretion under s 85(17).
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