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PLANNING ACT 2016 - SECT 175
Enforcement orders
(1) After hearing offence proceedings, a Magistrates Court may make an order
(an
"enforcement order" ) for the defendant to take stated action within a stated
period. Examples of action that an order may require— • 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 court 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
(2) The
enforcement order may be in terms the court considers appropriate to secure
compliance with this Act. Example— The order may require the defendant to
provide security for the reasonable cost of taking the stated action.
(2A)
An enforcement order must state the period within which the defendant must
comply with the order.
(3) An enforcement order may be made under this
section in addition to the imposition of a penalty or any other order under
this Act.
(4) A person must not contravene an enforcement order.
Penalty— Maximum penalty—4500 penalty units or 2 years imprisonment.
(5) Unless a court orders otherwise, an enforcement order, other than an order
to apply for a development permit— (a) attaches to the premises; and�
(b)
binds the owner, the owner’s successors in title and any occupier of the
premises.
(6) If the enforcement order does attach to the premises, the
defendant must ask the registrar of titles, by notice given within 10 business
days after the order is made, to record the making of the order on the
register for the premises. Penalty— Maximum penalty—200 penalty
units.
(7) A person may apply to the court for an order (a
"compliance order" ) that states the enforcement order has been complied with.
(8) If a person gives a notice that a compliance order has been made, and a
copy of the compliance order, to the registrar of titles, the registrar must
remove the record of the making of the enforcement order from the appropriate
register.
(9) If the enforcement order is not complied with within the period
stated in the order, the enforcement authority may— (a) take the action
required under the order; and
(b) recover the reasonable cost of taking the
action as a debt owing to the authority from the defendant.
(10) A notice
given to the registrar of titles under this section must be in the form, and
accompanied by the fee, required under the Land Title Act .
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