Introduction. Part 1 of this Chapter provides means for enforcing the Act in addition to the summary prosecution of offences under Chapter 16. Examples of these remedies include:• proceedings in the Land and Environment Court to restrain a breach of the Act• the carrying out of work by a council following a failure by a person to carry out the work in accordance with an order of the council• prosecution in certain circumstances of the owner of an illegally parked vehicle instead of the actual offender• the issue of penalty notices.
Division 1 of Part 2 relates to functions of a council in relation to legal proceedings. Examples of these functions include:• the right to appear before a local land board• the making of allegations and their effect• payment of employees for expenses incurred in taking legal action on behalf of a council.
Division 2 of Part 2 deals with matters relating to evidence in legal proceedings involving a council. These include:• matters of which proof by a council is not required unless evidence to the contrary is given• matters of which judicial notice is to be taken.
Division 3 of Part 2 deals with certain notices involving a council, including the content, giving and service of the notices.
Division 4 of Part 2 deals with legal proceedings to recover unpaid rates and charges.
Division 5 of Part 2 enables the sale of land and interests in land (other than an estate or interest of the Crown in land) to recover amounts unpaid for rates and charges.
Part 3 deals with matters such as compensation and exculpation from liability that may arise as a result of proceedings involving a council.