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Environmental Planning and Assessment Regulation 2021
Schedule 5Penalty notice offences
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# Schedule 5 Penalty notice offences
Schedule 5 Penalty notice offences
| Column 1 | Column 2 | Column 3 |
| Provision | Penalty for an individual | Penalty for a corporation |
| Offences under the Act |
| Section 4.2(1)— | | |
| (a) for development involving a class 1a or class 10 building | $1,500 | $3,000 |
| (b) for development that, at the time of the alleged offence, is designated development or State significant development that is not a class 1a or class 10 building— | | |
| (i) for a penalty notice served by a person referred to in this Schedule, section 2(1)(c) or (d) | $3,000 | $6,000 |
| (ii) otherwise | $7,500 | $15,000 |
| (c) for a contravention of State Environmental Planning Policy (Industry and Employment) 2021, section 3.26(2) | $1,500 | $3,000 |
| (d) otherwise | $3,000 | $6,000 |
| Section 4.3— | | |
| (a) for a contravention of State Environmental Planning Policy (Industry and Employment) 2021, section 3.26(1) | $1,500 | $3,000 |
| (b) otherwise | $3,000 | $6,000 |
| Section 5.14 | $7,500 | $15,000 |
| Section 6.3 | | |
| (a) for a work or activity involving a class 1a or class 10 building | $1,500 | $3,000 |
| (b) otherwise | $3,000 | $6,000 |
| Section 6.5(5) | $3,000 | $6,000 |
| Section 6.6(3) | | |
| (a) for building work involving a class 1a or class 10 building | $1,500 | $3,000 |
| (b) otherwise | $3,000 | $6,000 |
| Section 6.12(3) | $1,500 | $3,000 |
| Section 9.25(1) | $3,000 | $6,000 |
| Section 9.37 for failure to comply with development control order, except an order referred to in the Act, Schedule 5, Part 1, item 6, 10, 12 or 13 | $3,000 | $6,000 |
| Section 9.42(3) | $3,000 | $6,000 |
| Section 10.4(11) | $1,500 | $3,000 |
| Section 10.6(1) | $1,500 | $3,000 |
| Offences under this Regulation |
| Section 136(6) for non-compliance with this Regulation, section 136(1) or (2)(b) | $1,500 | $3,000 |
| Section 136(6) for non-compliance with this Regulation, section 136(4) | $3,000 | $6,000 |
| Section 137(4) | $1,500 | $3,000 |
| Section 141(3)–(5) | $1,500 | $3,000 |
**sch 5:** Am 2022 (40), Sch 1\[62\] \[63\]; 2022 (266), sec 3(2) (3); 2022 (789), Sch 1\[7\].