In planning enforcement proceedings under ss 123-124 of the EP&A Act, a council must ordinarily join the registered proprietor of the land as a necessary party, even where the proprietor is not in breach of the Act, because the proprietor is directly affected by demolition and reinstatement orders. A landowner not in breach may be joined so as to be bound by the court's determination and the exercise of discretion, even though no order is directed at the landowner. Mandatory injunctions for demolition and reinstatement bear their ordinary unqualified meaning and are not subject to implied conditions requiring the consent of a non-party landowner.
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