Planning Act 2023

After making a rectification work order on a remote application, the magistrate must immediately give a written copy to the inspector who made the application if it is practicable to do so.

If it is not practicable to provide a written copy of the rectification work order to the inspector—

the magistrate must tell the inspector—

the order’s terms; and

the date and time the order was issued; and

the inspector must complete a form of order (the rectification work order form) and write on it—

the magistrate’s name; and

the date and time the magistrate issued the order; and

the order’s terms.

The inspector must, at the first reasonable opportunity, send to the magistrate—

the sworn application mentioned in section 446 (2); and

if the inspector completed a rectification work order form—the completed form.

On receiving the documents mentioned in subsection (3), the magistrate must attach them to the rectification work order.

A court must find that a power exercised by an inspector was not authorised by a rectification work order made on a remote application if—

a question arises in a proceeding in the court whether the exercise of power was authorised by a rectification work order; and

the order is not produced in evidence; and

it is not proved that the exercise of power was authorised by a rectification work order made on a remote application.

In this section:

remote application—see section 446 (1).