sec.37Discretion to deal with noncompliance

sec.37 Discretion to deal with noncompliance

If the P&E Court finds there has been noncompliance with a provision of this Act or an enabling Act, the court may deal with the matter in the way it considers appropriate. Without limiting subsection (1) and to remove any doubt, it is declared that subsection (1) — applies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and is not limited to— circumstances in relation to a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action. In this section— noncompliance , with a provision, includes— non-fulfilment of part or all of the terms of the provision; and a partial noncompliance with the provision. provision includes a definition. (sec.37-ssec.1) If the P&E Court finds there has been noncompliance with a provision of this Act or an enabling Act, the court may deal with the matter in the way it considers appropriate. (sec.37-ssec.2) Without limiting subsection (1) and to remove any doubt, it is declared that subsection (1) — applies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and is not limited to— circumstances in relation to a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action. (sec.37-ssec.3) In this section— noncompliance , with a provision, includes— non-fulfilment of part or all of the terms of the provision; and a partial noncompliance with the provision. provision includes a definition.

• (a) applies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and
• (b) is not limited to— (i) circumstances in relation to a current P&E Court proceeding; or (ii) provisions under which there is a positive obligation to take particular action.
• (i) circumstances in relation to a current P&E Court proceeding; or
• (ii) provisions under which there is a positive obligation to take particular action.
• (i) circumstances in relation to a current P&E Court proceeding; or
• (ii) provisions under which there is a positive obligation to take particular action.
• (a) non-fulfilment of part or all of the terms of the provision; and
• (b) a partial noncompliance with the provision.