Planning and Development Act 2005

For the purposes of subsections (2) and (3) —

a development is undertaken in contravention of a planning scheme or an interim development order if the development —

is required to comply with the planning scheme or interim development order; and

is commenced, continued or carried out otherwise than in accordance with the planning scheme or interim development order or otherwise than in accordance with any condition imposed with respect to that development by the responsible authority pursuant to its powers under that planning scheme or interim development order;

a development is undertaken in contravention of planning control area requirements if the development —

is commenced, continued or carried out in a planning control area without the prior approval of that development obtained under section 116; or

is commenced, continued or carried out otherwise than in accordance with the approval referred to in subparagraph (i) or otherwise than in accordance with the conditions, if any, subject to which that approval is given.

If a development, or any part of a development, is undertaken in contravention of a planning scheme or an interim development order or in contravention of planning control area requirements, the responsible authority may give a written direction to the owner or any other person undertaking that development to stop, and not recommence, the development or that part of the development that is undertaken in contravention of the planning scheme, interim development order or planning control area requirements.

If a development has been undertaken in contravention of a planning scheme or interim development order or in contravention of planning control area requirements, the responsible authority may give a written direction to the owner or any other person who undertook the development —

to remove, pull down, take up, or alter the development; and

to restore the land as nearly as practicable to its condition immediately before the development started, to the satisfaction of the responsible authority.

The responsible authority may give directions under subsections (2) and (3)(a) and (b) in respect of the same development and in the same instrument.

If it appears to a responsible authority that delay in the execution of any work to be executed under a planning scheme or interim development order would prejudice the effective operation of the planning scheme or interim development order, the responsible authority may give a written direction to the person whose duty it is to execute the work to execute that work.

A direction under subsection (3) or (5) is to specify a time, being not less than 60 days after the service of the direction, within which the direction is to be complied with.

A person who —

fails to comply with a direction given to the person under subsection (2); or

fails to comply with a direction given to the person under subsection (3) or (5) within the time specified in the direction, or within any further time allowed by the responsible authority,

If —

a notice is served on a person under section 214(2), (3) or (5) and that person fails to —

carry out the directions within the time specified in the notice; or

apply under section 255 for a review of any direction contained in the notice;

on an application by that person for a review of any direction contained in the notice, the direction is confirmed or varied and the owner fails to carry out the direction as confirmed or varied within the time specified by the State Administrative Tribunal in the notice given under section 255(2),

Any expenses incurred by a responsible authority under subsection (1) may be recovered from the person to whom the direction was given as a debt due in a court of competent jurisdiction.