Clause 33

If in any case in which a Magistrate’s Court has jurisdiction to make a mandatory order, the Court is of opinion that the matter complained of will be injurious or dangerous to health or safety and the immediate work sought to be done will not cause any injury which cannot be compensated for by damages, the Court may, by an ex parte order, authorise the Director immediately to do the work sought to be done.

If the Director does the work and the application for a mandatory order is subsequently refused, he shall pay the cost of the work and the damages, if any, sustained by any person thereby, but if the mandatory order is subsequently granted the Director may recover the cost of the work if it had been executed by him in pursuance of the powers conferred by section 31.