120Interim enforcement orders

120 Interim enforcement orders S. 120(1) amended by No. 52/1998 s. 191(1). (1) Any responsible authority or person who has applied under section 114 for an enforcement order may apply to the Tribunal in an urgent case for an interim enforcement order against any person or persons in relation to whom the application under section 114 was made. (2) The Tribunal may consider an application under this section without notice to any person. (3) Before making an interim enforcement order, the Tribunal must consider— (a) what the effect of not making the interim enforcement order would be; and (b) whether the applicant should give any undertaking as to damages; and (c) whether it should hear any other person before the interim enforcement order is made. (4) After complying with subsection (3), the Tribunal may make an interim enforcement order directing any person against whom the order is made— (a) to stop the use or development immediately or within the period specified in the order; or (b) not to start the use or development; or (c) to do specified things to ensure compliance with this Act or a planning scheme, permit condition or agreement under section 173. S. 120(5) repealed by No. 52/1998 s. 188(4)(d). (6) An interim enforcement order does not have any operation after the earlier of— (a) the date or the happening of an event specified in the order; or (b) the determination of the application under section 114. S. 120(7)(8) repealed by No. 52/1998 s. 188(4)(d). (9) If an application for an interim enforcement order was made without notice to any person, the Tribunal must give any person affected by the interim enforcement order a reasonable opportunity to be heard by it with respect to the interim enforcement order within seven days after making the order. (10) After hearing any person under subsection (9) the Tribunal may continue, amend, or cancel the interim enforcement order. S. 120(11) repealed by No. 86/1989 s. 7(2). S. 121 amended by Nos 62/1991 s. 35(8), 52/1998 s. 191(1).