Planning and Development Act 2005

A person aggrieved by —

the failure of a local government to enforce or implement effectively the observance of a local planning scheme; or

the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute,

The Minister may determine not to take any action in response to the representations or, if the Minister considers it appropriate to do so, the Minister may refer the representations to the State Administrative Tribunal for its report and recommendations.

For the purposes of making a report and recommendations on a referral under subsection (2), Part 14 applies with such modifications as may be necessary, as if the referral were an application for review.

On holding an inquiry or receiving a report and recommendations from the State Administrative Tribunal, the Minister may order the local government —

to do all things necessary for enforcing the observance of the scheme or any of the provisions of the scheme; or

to do all things necessary for executing any works which, under the scheme or this Act the local government is required to execute,

The Minister is not bound by the report and recommendations of the State Administrative Tribunal.

The local government may within 28 days of service of the order appeal against the order to a judge who may —

confirm, vary or annul the Minister’s order; and

make such order as to costs of the appeal as the judge thinks proper.

The decision of the judge is final and enforceable as an order of judgment of the Supreme Court.

Subject to any rules made by the Governor —

the proceedings on an appeal are to be as the judge directs; and

subject to the direction of the judge may, as regards the summoning and attendance of witnesses, the production of documents and costs, be regulated by the appropriate Rules of the Supreme Court, with appropriate adaptations and alterations.