Planning, Development and Infrastructure Act 2016

Any person may apply to the Court for an order to remedy or restrain a breach of this Act or the repealed Act (whether or not any right of that person has been or may be infringed by or as a consequence of that breach).

Proceedings under this section may be brought in a representative capacity (but, if so, the consent of all persons on whose behalf the proceedings are brought must be obtained).

If proceedings under this section are brought by a person other than a designated authority, the applicant must serve a copy of the application on the designated authority within 3 days after filing the application with the Court.

An application may be made without notice to any person and, if the

An application under this section must, in the first instance, be referred to a conference under section 16 of the Environment,

If—

after hearing—

the applicant and the respondent; and

any other person who has, in the opinion of the Court, a proper interest in the subject‑matter of the proceedings and desires to be heard in the proceedings, the

the respondent fails to appear in response to the summons or, having appeared, does not avail himself or herself of an opportunity to be heard, the

require the respondent to refrain, either temporarily or permanently, from the act, or course of action, that constitutes the breach;

require the respondent to make good the breach in a manner, and within a period, specified by the Court, or to take such other action as may appear appropriate to the Court;

cancel or vary any development authorisation;

require the respondent to pay to any person who has suffered loss or damage as a result of the breach, or incurred costs or expenses as a result of the breach, compensation for the loss or damage or an amount for or towards those costs or expenses;

if the Court considers it appropriate to do so, require the respondent to pay an amount, determined by the Court, in the nature of exemplary damages—

if the applicant is a council and the Crown has not become a party to the proceedings—to the council;

in any other case—into the General Revenue of the State.

In assessing damages under subsection (6)(g), the Court must have regard to—

any detriment to the public interest resulting from the breach; and

any financial or other benefit that the respondent sought to gain by committing the breach; and

any other matter it considers relevant.

The power conferred under subsection (6)(g) can only be exercised by a Judge of the Court.

A designated authority, and any person with a legal or equitable interest in land to which an application under this section relates, is entitled to appear, before a final order is made, and be heard in proceedings based on the application.

If, on an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.

An interim order—

may be made on an application without notice to any person; and

may be made whether or not the proceedings have been referred to a conference under subsection (5);

will be made subject to such conditions as the Court thinks fit; and

will not operate after the proceedings in which it is made are finally determined.

If the Court makes an order under subsection (6)(d) and the respondent fails to comply with the order within the period specified by the Court, a designated authority may cause any work contemplated by the order to be carried out, and may recover the costs of that work, as a debt, from the respondent.

If an amount is recoverable from a person by a designated authority under subsection (12)—

the designated authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

the amount together with any interest charged so payable is until paid a charge in favour of the designated authority on any land owned by the person.

The

The

to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed;

to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (16).

If on an application under this section the Court is satisfied—

that the respondent has not breached this Act or the repealed Act; and

that the respondent has suffered loss or damage as a result of the actions of the applicant; and

that in the circumstances it is appropriate to make an order under this provision, the

The

The

Proceedings under this section may be commenced at any time within 3 years after the date of the alleged breach or, with the authorisation of the Attorney‑General, at any later time.

An apparently genuine document purporting to be under the hand of the