Under section 64 of the Land Use and Planning Approvals Act 1993 (LUPAA), civil enforcement proceedings may be brought against a person who does not comply with a planning scheme or with the provisions of LUPAA. For example, civil enforcement proceedings may relate to:
- a use or development being carried on without a development permit
- a use or development being carried out in breach of the conditions of the permit.
Civil enforcement proceedings may be brought by any person who has a ‘proper interest in the subject matter’. The Tribunal will determine whether a person has a ‘proper interest’.
Civil enforcement proceedings involve making an application to the Tribunal for an enforcement order. TASCAT has broad powers to make orders, including orders requiring the respondent to:
- temporarily or permanently stop the relevant activity (for example, to stop construction until a permit is obtained)
- stop carrying out any use or development on the land
- make good any damage resulting from the breach (for example, replanting an area of vegetation cleared without a permit).
Civil enforcement proceedings must be brought within two years of the alleged offence.
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