Planning Act 2023

This section applies if a person (the relevant person) has engaged, is engaging, or proposes to engage, in conduct contravening a controlled activity order or prohibition notice.

The territory planning authority or anyone else may apply to the Supreme Court for an injunction.

On application under subsection (2), the Supreme Court may grant an injunction—

restraining the relevant person from engaging in the conduct; and

if satisfied that it is desirable to do so—requiring the relevant person to do anything.

The Supreme Court may grant an injunction restraining a relevant person from engaging in conduct of a particular kind—

if satisfied that the person has engaged in conduct of that kind, whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

if it appears to the court that, if an injunction is not granted, it is likely the person will engage in conduct of that kind, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.

This section applies whether or not a proceeding for an offence against this chapter has begun or is about to begin.