Procedure for application for an enforcement order

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The chart shows the process for applying for an enforcement order. The first step is to prepare and file an application for an enforcement order, along with issuing a notification of application, and collecting affadavits in support of the application. The next step is to serve the application, notification and affadavits with the respondent(s) within five working days of filing these documents.

Prepare for the Environment Court hearing. If it is necessary to update the evidence, seek a timetable order for filing of further affadavits. The Environment Court hearing is then held. The order may be either:

• Granted - costs may be awarded in favour of council. Revisit the site to check compliance. If the respondent has failed to comply, you can:
  • Prosecute the respondent
  • Apply for consent of Court to comply on respondent's behalf
  • Do nothing
• Declined - costs may be awarded against the council.

After the enforcement order has been issued it will be necessary to check for compliance with it. If the respondent fails to comply the enforcement officer has the options of:

• Prosecuting the respondent
• Taking no action
• Applying to the court to carry out action on behalf of the respondent.