(1) A person aggrieved
by —
(a) the
failure of a local government to enforce or implement effectively the
observance of a local planning scheme; or
(b) 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,
may make
representations to the Minister.
(2) 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.
(3) 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.
(4) On holding an
inquiry or receiving a report and recommendations from the State
Administrative Tribunal, the Minister may order the local government —
(a) to
do all things necessary for enforcing the observance of the scheme or any of
the provisions of the scheme; or
(b) to
do all things necessary for executing any works which, under the scheme or
this Act the local government is required to execute,
as the case requires.
(5) The Minister is
not bound by the report and recommendations of the State Administrative
Tribunal.
(6) The local
government may within 28 days of service of the order appeal against the order
to a judge who may —
(a)
confirm, vary or annul the Minister’s order; and
(b) make
such order as to costs of the appeal as the judge thinks proper.
(7) The decision of
the judge is final and enforceable as an order of judgment of the Supreme
Court.
(8) Subject to any
rules made by the Governor —
(a) the
proceedings on an appeal are to be as the judge directs; and
(b)
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.