Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 216

216 .         Breach of Act etc. or development approval, injunctions as to

        (1)         Without prejudice to any proceeding for an offence against this Act, if —

            (a)         a person contravenes a provision of this Act, an interim development order or a planning scheme; or

            (b)         a responsible authority grants an application for approval of development subject to conditions and the development is commenced, continued or completed contrary to or otherwise than in accordance with any condition imposed by the responsible authority with respect to the development,

                the Supreme Court may, on application by the responsible authority, grant an injunction —

            (c)         if the application is with respect to a contravention of the Act, an interim development order or a planning scheme, restraining the person from engaging in any conduct or doing any act, that constitutes or is likely to constitute a contravention of this Act, the interim development order or the planning scheme;

            (d)         if the application is with respect to the commencement, continuation or completion of a development contrary to or otherwise than in accordance with any condition imposed by the responsible authority with respect to the development —

                  (i)         in the case where the development is commenced but not carried out, restraining the continuation or completion of the development or any use of the development; or

                  (ii)         in the case where the development is completed, restraining the use of the development,

                until the condition is complied with.

        (2)         An injunction granted under subsection (1) —

            (a)         has effect for the period specified in the injunction or until further order of the Court; and

            (b)         may be varied or rescinded by the Court.