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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 65D Requirements of enforcement notices

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 65D

Requirements of enforcement notices

(1)  An enforcement notice that is served on a person under section 65C may require the person to do any one or more of the following:
(a) not to commit, or to cease to commit, the offence to which the notice relates;
(b) to take the action, specified in the notice, to remedy the consequences of the commission of the offence;
(c) to take all reasonable steps to ensure that a permit, or a planning compliance certificate, in relation to the land to which the notice relates is granted under this Act.
(2)  Without limiting the generality of the requirements that, under subsection (1) , may be imposed on a person by an enforcement notice, an enforcement notice may contain one or more of the following requirements:
(a) that the person stop carrying out development of the kind specified in the notice;
(b) that the person stop carrying out a use of land that is specified in the notice;
(c) that the person demolish or remove a building or other structure, or any works carried out, on land owned or occupied by the person;
(d) that the person restore, so far as reasonably practicable, land, or a building or structure on land, to the condition it was in before development was carried out by the person;
(e) that the person do, or not do, an act, so as to ensure that development carried out by the person on land is in accordance with a State Policy, permit, major project permit or planning scheme, that applies to the land.
(3)  If an enforcement notice served on a person under section 65C requires the person to ensure that work is carried out, the notice must specify the details of the work.
(4)  If an enforcement notice served on a person under section 65C requires the person –
(a) to refrain from doing an act, the notice must also specify –
(i) the period for which the requirement applies; or
(ii) that the requirement applies until the person is otherwise notified by an authorised officer; or
(b) to do an act, the notice must specify the period within which the act is required to be done.
(5)  An enforcement notice issued under section 65C may not contain a requirement in respect of a matter in relation to which, in accordance with section 44(1)(a) , (b) or (e) or 44(2)(a) , (b) or (e) of the Environmental Management and Pollution Control Act 1994 , an environment protection notice may be issued.
(6)  An enforcement notice may not be issued under section 65C in relation to land if the notice contains a requirement that is inconsistent with a requirement of an environment protection notice, issued under section 44 of the Environmental Management and Pollution Control Act 1994 , that applies in relation to the land.
(7)  An authorised officer who issues an enforcement notice under section 65C in relation to land, to which an environment protection notice issued under section 44 of the Environmental Management and Pollution Control Act 1994 applies, must notify the Director, within the meaning of that Act, that the enforcement notice has been issued.