Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 181

181 P&E Court’s powers about enforcement orders

(1) The P&E Court’s power to make an enforcement order or interim enforcement order may be exercised whether or not the development offence has been prosecuted.

(2) The power to order a person to stop, or not to start, an activity may be exercised whether or not—

(a) the P&E Court considers the person intends to engage, or to continue to engage, in the activity; or

(b) the person has previously engaged in an activity of the same type; or

(c) there is danger of substantial damage to property or injury to another person if the person engages, or continues to engage, in the activity.

(3) The power to order a person to do anything may be exercised whether or not—

(a) the P&E Court considers the person intends to fail, or to continue to fail, to do the thing; or

(b) the person has previously failed to do a thing of the same type; or

(c) there is danger of substantial damage to property or injury to another person if the person fails, or continues to fail, to do the thing.

(4) A person may apply to the P&E Court to cancel or change an enforcement order or interim enforcement order.

(5) The P&E Court’s powers under this section are in addition to the court’s other powers.