Planning Act 2023

After investigating a complaint made under this part, the territory planning authority must do 1 or more of the following:

if satisfied that no further action is necessary in relation to the complaint—give the complainant notice under subsection (2) (b) and take no further action in relation to the complaint;

if satisfied that the complaint can be more appropriately dealt with by another entity—refer the complaint to the other entity under section 422;

Examples

1 the complaint is about a potential fire hazard and would be better dealt with by the emergency service

2 the complaint is about a leasehold that is unclean because leftover chemicals are stored on it and would be better dealt with by the environment protection authority

3 the complaint is about an amenity impact caused by litter at an open private place and would be better dealt with by the administrative unit responsible for administering the Litter Act 2004

if satisfied that the complaint contains evidence that suggests that a ground for occupational discipline exists in relation to a construction occupations licensee—refer the complaint to the construction occupations registrar;

if the authority requires information under section 474—give someone an information requirement notice;

take action under part 12.3 (Controlled activity orders) in relation to the conduct complained about;

if grounds exist under a regulation to issue an infringement notice in relation to the conduct complained about—issue an infringement notice in relation to the conduct;

if satisfied that it would be appropriate for rectification work to be done—direct a person to undertake rectification work under part 12.4 (Rectification work) in relation to the conduct complained about;

if satisfied that it would be appropriate to give a prohibition notice in relation to the conduct complained about—give a prohibition notice under part 12.5 (Prohibition notices) in relation to the conduct;

if satisfied that there are grounds for issuing an injunction in relation to the conduct complained about—apply to the Supreme Court for an injunction under part 12.6 (Injunctions and termination of leases and licences) in relation to the conduct;

take action under part 12.6 to terminate a lease or licence;

take any other action the authority considers appropriate.

The territory planning authority must—

consider any guidelines under section 420 when taking action under this section; and

give the complainant written notice about what the authority proposes to do under subsection (1).

The territory planning authority may take action under subsection (1) (c) to (k) even if—

the authority is not acting on a complaint; or

the complaint is withdrawn.

In this section:

construction occupations licensee—

means a person licensed under the Construction Occupations (Licensing) Act 2004; and

in relation to conduct, includes a person licensed under that Act when the conduct happened.

ground for occupational discipline, in relation to a construction occupations licensee—see the Construction Occupations (Licensing) Act 2004, section 55.

rectification work—see section 436.