PLANNING AND DEVELOPMENT ACT 2005 - SECT 212

PLANNING AND DEVELOPMENT ACT 2005 - SECT 212

212 .         Breach of order etc. by local government, Minister’s powers as to

        (1)         If the Minister is satisfied that a local government has failed to —

            (a)         comply with an order under section 76; or

            (ba)         comply with an order made under section 77A; or

            (b)         comply with a provision of Part 5 Division 5; or

            (c)         comply with an order under section 211; or

            (d)         comply with a provision of regulations made under this Act,

                the Minister may serve written notice on the local government under this section.

        (2)         The notice is to —

            (a)         set out the relevant order or provision and the manner in which the local government has failed to comply with it; and

            (b)         specify a period (which is not to be less than 60 days after the notice is served) before which the local government is required to comply with the relevant order or provision; and

            (c)         advise the local government that the Minister intends to exercise the powers conferred by subsection (3) if the local government does not comply with the requirement made under paragraph (b).

        (3)         If the local government does not comply with the requirement made under subsection (2)(b), the Minister may take all such steps and prepare or cause to be prepared all such documents as are necessary for compliance with the requirement as if the Minister were the local government.

        (4)         For the purposes of subsection (3), the Minister may by order direct the local government to provide the Minister with such reports or other information specified in the order as are necessary for the exercise of the Minister’s powers under this section.

        (5)         The Minister is to cause a copy of an order directed to a local government under subsection (4) to be served on the local government, and the local government is to comply with the order.

        (6)         For the purposes of subsection (3), the provisions of the regulations that would have applied to the local government apply to the Minister with such modifications as are necessary or are prescribed.

        (7)         All costs, charges and expenses incurred by the Minister in the exercise of any powers conferred by subsection (3) may be recovered from the local government as a debt due to the Crown or may be deducted from any moneys payable by the Crown to the local government.

        (8)         The Minister must, as soon as is practicable after a notice is served on a local government under subsection (1) —

            (a)         give a copy of the notice to the Commission; and

            (b)         cause to be laid before each House of Parliament or dealt with under section 268A —

                  (i)         a copy of the notice; and

                  (ii)         a copy of the reasons for giving the notice.

        [Section 212 amended: No. 28 of 2010 s. 47; No. 26 of 2020 s. 101.]