Where a council makes a demolition or compliance order based on a mistaken view of its source of power, the order remains valid if supportable on an alternative legal basis. The circumstances enlivening a statutory power to issue an order may also constitute sufficient reasons for exercising that power, qualifying the approach in Van Haasteren. A Class 1 merits appeal under s 121ZK of the EPA Act is a hearing de novo not confined to the reasons articulated in the original order.
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