672 What constitutes a breach of this Act for the purposes of this Part?
In this Part:(a) a breach of this Act means:(i) a contravention of or failure to comply with this Act,(ii) a threatened or an apprehended contravention of or a threatened or apprehended failure to comply with this Act, and(b) this Act includes:(i) an approval under Part 1 of Chapter 7, and(ii) an order under Part 2 of Chapter 7, and(iii) the regulations.
673 Remedy or restraint of breaches of this Act—the Minister, the Director-General and councils
(1) The Minister, the Director-General or a council may bring proceedings in the Land and Environment Court or such other court as may be specified in this Act for the purpose of the proceedings for an order to remedy or restrain a breach of this Act.(2) Subsection (1) does not apply in relation to an alleged contravention of Part 2 (Duties of disclosure) of Chapter 14 (Honesty and disclosure of interests).Note. Section 489 (1) confers exclusive jurisdiction on the Pecuniary Interest and Disciplinary Tribunal to deal with such a matter at first instance. Section 485 provides for appeals to the Supreme Court against any decision of the Tribunal.
674 Remedy or restraint of breaches of this Act—other persons
(1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act.(2) The proceedings may be brought by a person on the person’s own behalf or on behalf of the person and on behalf of other persons (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings.(3) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.(4) Subsection (1) does not apply in relation to an alleged contravention of Part 2 (Duties of disclosure) of Chapter 14 (Honesty and disclosure of interests).Note. Section 489 (1) confers exclusive jurisdiction on the Pecuniary Interest and Disciplinary Tribunal to deal with such a matter at first instance. Section 485 provides for appeals to the Supreme Court against any decision of the Tribunal.(5) Subsection (1) does not apply in relation to anything done or omitted to be done under Division 3 of Part 1 of Chapter 14.Note. Section 440L confers a right of appeal to the Pecuniary Interest and Disciplinary Tribunal against disciplinary action taken by the Director-General against a councillor under Division 3 of Part 1 of Chapter 14.
675 Time limit on proceedings questioning the validity of approvals
Proceedings questioning the validity of an approval under Part 1 of Chapter 7 may not, if the council has given public notice of the granting of the approval in the manner and form prescribed by the regulations, be commenced more than 3 months after the date on which the notice was given.
676 Functions of the Land and Environment Court
(1) If the Land and Environment Court is satisfied that a breach of this Act has been committed or that a breach of this Act will, unless restrained by order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the breach.(2) If a breach of this Act would not have been committed but for the failure to obtain an approval under Part 1 of Chapter 7, the Court on application being made by the defendant, may:(a) adjourn the proceedings to enable an application to be made under Part 1 of Chapter 7 to obtain that approval, and(b) in its discretion, by interlocutory order, restrain the continuance of the commission of the breach while the proceedings are adjourned.(3) The functions of the Court under this section are in addition to and not in derogation of any other functions of the Court.
677 Compensation may be awarded against vexatious litigants
(1) The Land and Environment Court, on the hearing of proceedings brought under section 674, has a discretion to award compensation to the person against whom such proceedings are taken if the Court considers that:(a) the proceedings against the person are frivolous or vexatious, and(b) the person has incurred expense as a consequence of any delay to an activity that has occurred as a result of the proceedings, and(c) the activity is authorised by an approval held by the person.(2) A claim for compensation may not be made more than 28 days after the date on which the Court gives its decision in the proceedings.(3) Compensation under this section is to be awarded against the person by whom the proceedings under section 674 were taken.
678 Failure to comply with order—carrying out of work by the council
(1) If a person fails to comply with the terms of an order given to the person under Part 2 of Chapter 7, the council may do all such things as are necessary or convenient to give effect to the terms of the order, including the carrying out of any work required by the order.(2) If the council gives effect to an order by demolishing a building, the council:(a) may remove any materials concerned, and(b) may sell the materials, unless the expenses of the council in giving effect to the terms of the order are paid to it within 14 days after removal of the materials.(3) If the proceeds of such a sale exceed the expenses incurred by the council in relation to the demolition and the sale, the council:(a) may deduct out of the proceeds of the sale an amount equal to those expenses, and(b) must pay the surplus to the owner on demand.(4) If the proceeds of sale do not exceed those expenses, the council:(a) may retain the proceeds, and(b) may recover the deficiency (if any) together with its costs of recovery from the owner as a debt.(5) Materials removed that are not saleable may be destroyed or otherwise disposed of.(6) Any expenses incurred by the council under this section (less the proceeds, if any, of any sale under this section) together with all its associated costs may be recovered by the council in any court of competent jurisdiction as a debt due to the council by the person concerned.(7) Nothing in subsection (3), (4) or (6) affects the owner’s right to recover any amount from any lessee or other person liable for the expenses of repairs.(8) A reference in subsection (4) or (6) to costs is a reference to costs incurred by the council in seeking to recover the deficiency or expenses otherwise than by proceedings in a court, but nothing in this section prevents the council from receiving costs as between party and party in respect of those proceedings.(9) A council may exercise its functions under this section irrespective of whether the person concerned has been prosecuted for an offence under section 628.(10) In any proceedings before the Land and Environment Court that are brought by a council against a person as a result of the person’s failure to comply with an order under Part 2 of Chapter 7, the Court may, at any stage of the proceedings, order the council to exercise the council’s functions under this section. Having made such an order, the Court may continue to hear and determine the proceedings or may dismiss the proceedings.Note. Section 193 requires the council to give the owner or occupier of premises written notice before a person authorised to enter premises under Part 2 of Chapter 8 of the Act does so.
679 Penalty notices for certain offences
(1) An authorised person may serve a penalty notice on a person if it appears to the authorised person that the person has committed an offence under this Act (other than an offence under section 312, 650 or 651), being an offence prescribed by the regulations.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice:(a) may be served personally or by post, or(b) if it relates to an offence involving the use of a vehicle, may be addressed to the owner (without naming the owner or stating the owner’s address) and may be served by leaving it on or attaching it to the vehicle.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.