Division 2 Orders of the Court

152   Definitions

In this Division:

(a)  a reference to a breach of this Act is a reference to:

(i)  a contravention of or failure to comply with this Act, and

(ii)  a threatened or an apprehended contravention of or a threatened or an apprehended failure to comply with this Act, and

(b)  a reference to this Act includes a reference to an approval given under this Act and a condition of any such approval.

153   Restraint etc of breaches of this Act

(1)  Any person may bring proceedings in the Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been infringed by or as a consequence of that breach.

(2)  Proceedings brought under subsection (1) shall be brought in accordance with the rules of Court.

154   Order of the Court

(1)  Where the 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)  Without limiting the powers of the Court under subsection (1), an order made under that subsection may:

(a)  where the breach of this Act comprises a use of a building or work or of land—restrain that use, or

(b)  where the breach of this Act comprises the erection of a building or the carrying out of a work—require the demolition or removal of the building or work, or

(c)  where the breach of this Act has the effect of altering the appearance of a building or work or the state of land—require the restoration of the building or work or the reinstatement, so far as is practicable, of the land to the condition the building, work or land was in immediately before the breach was committed, or

(d)  where the breach of this Act comprises the demolition of the whole or part of a building—require the rebuilding of the building, as it was immediately before the breach was committed, in accordance with plans and specifications approved by the Heritage Council.

(3)  (Repealed)

155   Application of Division

The functions of the Court under this Division are in addition to and not in derogation from any other function of the Court.