Queensland Numbered Acts

PLANNING ACT 2016 - SECT 167

167 Enforcement notices

(1) If an enforcement authority reasonably believes a person has committed, or is committing, a development offence, the authority may give an enforcement notice to—

(a) the person; and

(b) if the offence involves premises and the person is not the owner of the premises—the owner of the premises.

(2) An
"enforcement notice" is a notice that requires a person to do either or both of the following—

(a) to refrain from committing a development offence;

(b) to remedy the effect of a development offence in a stated way.

Examples of what an enforcement notice may require—

The notice may require a person do any or all of the following on or before a stated time or within a stated period—

• to stop carrying out development

• to demolish or remove development

• to restore, as far as practicable, premises to the condition the premises were in immediately before development was started

• to do, or not to do, another act to ensure development complies with a development permit

• if the enforcement authority reasonably believes works are dangerous, to repair or rectify the works, to secure the works, or to fence the works off to protect people

• to stop a stated use of premises

• to apply for a development permit

• to give the enforcement authority a compliance program that shows how compliance with the enforcement notice will be achieved.

(3) The notice must state—

(a) the nature of the alleged offence; and

(b) if the notice requires the person not to do an act—

(i) the period for which the requirement applies; or

(ii) that the requirement applies until further notice; and

(c) if the notice requires the person to do an act—

(i) the details of the act; and

(ii) the period within which the act must be done; and

(d) that the person has an appeal right against the giving of the notice.

(4) The notice may require demolition or removal of all or part of works if the enforcement authority reasonably believes it is not possible or practical to take steps—

(a) to make the development accepted development; or

(b) to make the works comply with a development approval; or

(c) if the works are dangerous—to remove the danger.

(5) A person must not contravene an enforcement notice.

Penalty—

Maximum penalty—4500 penalty units.

(6) An enforcement notice that requires development on premises to stop being carried out may be given by fixing the notice to the premises in a way that a person entering the premises would normally see the notice.

(7) A person must not deal with an enforcement notice stated in subsection (6) in a way that is reasonably likely to prevent the recipient seeing the notice.

Penalty—

Maximum penalty—4500 penalty units.