Dubbo City Council will decide by next week what action to take against renegade developer Brian Shea who opened his Miniland attraction at the weekend without proper consent.
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A letter to Mr Shea on Friday warned he would be in breach of the Environmental Planning and Assessment Act if he pushed ahead with the launch of his Camp Road development.
Council has obtained a copy of an interview with Mr Shea on Radio 2DU, which it will use in its case against him. A development application for the attraction was only lodged on February 28.
The theme park - complete with dinosaur exhibits and rides - opened its gates on Saturday and about 50 people, mostly children, were seen at the attraction the following day.
Last week environmental services director Doug Herd met with neighbouring property owners who expressed "verbal concerns" about the development. Their submissions are due next week.
According to Mr Herd, the developer was fully aware his actions could lead to litigation.
"The next step is ours and we are looking at our options," he said. "Depending on what option we choose it may go before council for endorsement.
"To do what he has done without getting proper consent is breaking the law - it's as simple as that. If everyone right across the State did what Mr Shea has done then it would be a bit of a mess."
Mr Shea had, at the most, three weeks to wait before his development application was settled. But the developer made it clear he was not prepared to hold off the opening.
He told the Daily Liberal last week the wait would see "the town's economy, (him), tourism, people, everybody" suffer. He also dismissed safety concerns, arguing WorkCover had passed everything on the site.
