Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 256

256. (1) A person may apply to the Minister for an order against—

        (a)     the lessee or occupier of a place on which a controlled activity is being, or is to be, conducted; or

        (b)     any person by whom or on whose behalf the activity was, is being, or is to be, conducted.

(2) An application under subsection (1) shall set out the grounds on which the order is sought.

(3) On application being made under subsection (1), the Minister may make or refuse to make an order.

(4) The Minister may make an order under this section of his or her own motion.

(5) An order—

        (a)     shall specify—

              (i)     the grounds on which the order is made; and

              (ii)     its date of effect; and

        (b)     may direct any person against whom it is made—

              (i)     to stop conducting a controlled activity specified in Schedule 4 without approval;

              (ii)     to stop, or not to commence to conduct, a controlled activity that is not specified in Schedule 4;

              (iii)     not to commence to conduct a controlled activity without approval;

              (iv)     to comply with the terms of an approval to conduct a controlled activity; or

              (v)     to stop conducting a controlled activity otherwise than in accordance with the conditions subject to which the approval to conduct the activity was given.

(6) If the Minister fails to make an order under this section (other than subsection (4)) within the prescribed period, the Minister is, for the purposes of subsection (3), to be taken to have refused to make an order.