Judicial review and civil enforcement: Who can bring proceedings?    

 

Civil enforcement

The planning or environmental law that is the basis of proceedings in court will state who has the right to bring civil enforcement proceedings (for the full list, see What is civil enforcement by the Court? and What is judicial review by the Court?).

For example, s 123 of the Environmental Planning and Assessment Act 1979 allows any person to bring proceedings for an order to remedy or restrain a breach of the statute, whether or not any right of that person has been or may be infringed by or as a consequence of the breach ( s 123(1) ).

Judicial review

The people who are entitled to bring judicial review proceedings may also be specified by the statute under which the decision or conduct to be reviewed was made or carried out.  These statutes are specified in s 20(3) of the Court Act (for the full list, see What is judicial review by the Court?). If the statute does not specify the person, the common law test for the standing of persons to bring judicial review proceedings will apply.

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