(1) A person must not, without reasonable excuse, contravene or fail to
comply with a requirement imposed on the person by an enforcement notice,
served on the person under section 65C , that is in force.
Penalty: Fine not exceeding 500 penalty units.
(2) If a person is convicted of an offence against subsection (1)
that relates to an enforcement notice, the court may order that the person pay
to the planning authority the reasonable cost incurred by the authority in
investigating or prosecuting (or both) either or both of the following
offences:
(a) the offence against subsection (1) ;
(b) the suspected offence in relation to which the enforcement notice was
served.
(3) If a person is convicted of an offence against subsection (1) ,
the court may order that –
(a) the person is required to carry out, within the period specified in the
order, work specified in the order; and
(b) if the person does not carry out the work within that period and the
relevant planning authority carries out the work under subsection (5) ,
the person is liable to the planning authority for the reasonable costs
incurred by the authority in carrying out the work.
(4) The work that may be specified in an order under subsection (3)
in relation to an offence against subsection (1) , committed in respect
of a requirement imposed on a person by an enforcement notice served on the
person under section 65C , is –
(a) work that the enforcement notice required to be carried out; or
(b) work that is required to be carried out, because a requirement specified
in the enforcement notice was not complied with –
so as to ensure
that a use or development is in accordance with a State Policy, the relevant
planning scheme, permit, major project permit or determination.
(5) If a court makes an order of a kind referred to in
subsection (3) in relation to a person and the person does not, within
the period specified in the order, carry out the work specified in the order,
the relevant planning authority may carry out the work.
(6) A person, other than –
(a) an authorised officer; or
(b) the person on whom the enforcement notice has been served by affixing the
notice to land –
must not, without lawful authority, damage, deface
or remove an enforcement notice that has been affixed to land.
Penalty: Fine not exceeding 500 penalty units.
