Failure to comply with order—offence
9.37 Failure to comply with order—offence
A person to whom a development control order is given or is taken to have been given must comply with the terms of the order.
It is a sufficient defence to a prosecution for an offence against this section if the defendant satisfies the court that the defendant was unaware of the fact that the matter in respect of which the offence arose was the subject of an order.
Maximum penalty—Tier 1 monetary penalty.
Note 1.
For civil enforcement—see Division 9.5.
Note 2.
Schedule 5 provides that a development control order that is given to a person binds a successor in title or occupation of the land concerned and is taken to have been given to the successor. Information about outstanding orders can be obtained under this Act by prospective successors.
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