Planning, Development and Infrastructure Act 2016

A designated entity may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this

The giving of an undertaking does not constitute an admission of guilt by the person giving the undertaking in respect of the contravention or alleged contravention to which the undertaking relates.

A person must not contravene an undertaking made by the person that is in effect.

If a designated entity considers that a person has contravened an undertaking accepted by the designated entity, the designated entity may apply to the Court for enforcement of the undertaking.

If the Court is satisfied that the person has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders:

an order that the person must comply with the undertaking or take specified action to comply with the undertaking;

an order discharging the undertaking;

an order directing the person to pay to a designated entity—

the costs of the proceedings; and

the reasonable costs of the designated entity in monitoring compliance with the undertaking in the future;

any other order that the Court considers appropriate in the circumstances.

A person must not fail to comply with an order under subsection (5).

A person who has made an undertaking may, at any time, with the written agreement of the relevant designated entity—

vary the undertaking; or

withdraw the undertaking.

However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act.

Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an undertaking is in effect in relation to that contravention.

No proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an undertaking in respect of that contravention and has completely discharged the undertaking.

A designated entity may accept an undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.

If a designated entity accepts an undertaking before the proceedings are finalised, the designated entity must take all reasonable steps to have the proceedings discontinued as soon as possible.

In this section—

the

a council; or

the