Planning and Environment Court Act 2016
sec.41Representative proceedings in particular cases
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sec.41 Representative proceedings in particular cases
A person (the representative ) may start a P&E Court proceeding of the following kind on behalf of someone else (the represented )— a declaratory proceeding; a proceeding for an enforcement order under the Planning Act . However, the proceeding may be started only if the following consents— if the represented is a person—the person; if the represented is an unincorporated body—its committee or other controlling or governing body. The represented may contribute to, or pay, the expenses, including legal costs, incurred by the representative in relation to the proceeding. (sec.41-ssec.1) A person (the representative ) may start a P&E Court proceeding of the following kind on behalf of someone else (the represented )— a declaratory proceeding; a proceeding for an enforcement order under the Planning Act . (sec.41-ssec.2) However, the proceeding may be started only if the following consents— if the represented is a person—the person; if the represented is an unincorporated body—its committee or other controlling or governing body. (sec.41-ssec.3) The represented may contribute to, or pay, the expenses, including legal costs, incurred by the representative in relation to the proceeding.
- (a) a declaratory proceeding;
- (b) a proceeding for an enforcement order under the Planning Act .
- (a) if the represented is a person—the person;
- (b) if the represented is an unincorporated body—its committee or other controlling or governing body.