PLANNING AND ENVIRONMENT ACT 1987 - SECT 130 Planning infringements
PLANNING AND ENVIRONMENT ACT 1987 - SECT 130
Planning infringementsS. 130(1) amended by No. 86/1989 s. 18(1).
(1) An authorised officer of a responsible authority may serve a planning infringement notice on any person, if the authorised officer has reason to believe that the person has committed an offence against section 126 in an area for which the authority is responsible.
S. 130(2) amended by No. 86/1989 s. 18(2)(a)(b), substituted by No. 32/2006 s. 94(Sch. item 37(1)).
(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
S. 130(2A) inserted by No. 32/2006 s. 94(Sch. item 37(1)).
(2A) In addition to the details required under section 13 of the Infringements Act 2006 , the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under subsection (1).
S. 130(3) amended by No. 86/1989 s. 18(3), substituted by No. 28/2000 s. 10(3).
(3) The penalty for the purposes of this section for an offence against section 126 is—
(a) in the case of a natural person, 5 penalty units; and
(b) in the case of a body corporate, 10 penalty units.
S. 130(4) amended by No. 86/1989 s. 18(4).
(4) Additional steps required to expiate an offence may include, but are not limited to, the following—
(a) stopping the development or use of land that constituted the offence;
(b) modifying the development or use of land that constituted the offence;
(c) removing the development that constituted the offence;
(d) acting to prevent or minimise any adverse impact of the development or use of land that constituted the offence;
(e) entering into an agreement under section 173;
(f) doing or omitting to do anything in order to remedy a contravention of a planning scheme, permit or agreement under section 173.
S. 130(5) inserted by No. 86/1989 s. 18(4).
(5) If a planning infringement notice requires additional steps to be taken to expiate an offence and, before the end of the remedy period set out in the notice or, if the responsible authority allows, at any time before the service of a summons in respect of the offence, the person served with the notice informs the responsible authority that those steps have been taken, an authorised officer of the authority must, without delay, find out whether or not those steps have been taken, and serve on the person a notice stating whether or not those steps have been taken.
S. 130(6) inserted by No. 86/1989 s. 18(4).
(6) A statement in a notice under subsection (5) that additional steps have been taken is for all purposes conclusive proof of that fact.
S. 131 amended by No. 86/1989 s. 18(5)(6), repealed by No. 32/2006 s. 94(Sch. item 37(2)).
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S. 132 amended by Nos 57/1989 s. 3(Sch. item 153), 86/1989 s. 18(7)(8), repealed by No. 32/2006 s. 94(Sch. item 37(2)).
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Pt 6 Div. 2A (Heading and ss 131 − 132A) inserted by No. 12/2021 s. 6.
Division 2A—Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time
New s. 131 inserted by No. 12/2021 s. 6.