Part Four, Divisions 4, 4A and 4B of the Land Use Planning and Approvals Act 1993 (LUPAA) deals with the enforcement of planning laws. Under this part, local councils have the power and responsibility to enforce planning schemes. For example if you:
- start a development without approval
- fail to comply with a condition of a planning permit
- start a prohibited development
- do something contrary to a State Policy or planning scheme
you are in breach of the Act. If a breach comes to the attention of Council, they are legally obliged to take action.
There is a scale of responses available including:
- infringement notices
- enforcement notices
- civil enforcement proceedings
- fines
- court orders.
However, Councils will often try to negotiate a positive outcome before the situation escalates.
The Land Use Planning and Approvals Regulations 2014 gives specifics about penalties for infringements.
