63BNotice of suspected contravention, &c., may be given

### 63B Notice of suspected contravention, &c., may be given > [*\[Section 63B Inserted by No. 59 of 2013, s. 31, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS31@EN) > > > (1)  [*\[Section 63B Subsection (1) amended by No. 33 of 2022, s. 35, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS35@EN) A person who suspects that another person (other than a planning authority) has contravened or failed, or is likely to contravene or fail, to comply with [section 63(2)](#GS63@Gs2@EN) may give notice in writing of the contravention or failure, or likely contravention or failure, to the planning authority in whose municipal area the land to which the contravention or failure relates is situated. > > > (2)  A notice under [subsection (1)](#GS63B@Gs1@EN) given by a person in relation to a contravention or failure, or likely contravention or failure, is to – > > > > > > (a) specify the contravention or failure and the land to which the contravention or failure relates; and > > > > > > > (b) request the planning authority to advise the person whether it is intended that – > > > > > > > > > > (i) charges are to be laid in relation to the contravention or failure; or > > > > > > > > > > > (ii) an infringement notice under [section 65A](#GS65A@EN) , or an enforcement notice under [section 65C](#GS65C@EN) , is to be issued and served on a person in relation to the contravention or failure; and > > > > > > > (c) request the planning authority to advise the person if, within 120 days after the notice is given to the planning authority – > > > > > > > > > > (i) charges are laid against a person in relation to the contravention or failure; or > > > > > > > > > > > (ii) an infringement notice under [section 65A](#GS65A@EN) , or an enforcement notice under [section 65C](#GS65C@EN) , is issued and served on a person in relation to the contravention or failure. > > > (3)  If a notice in relation to a contravention or failure, or likely contravention or failure, is given by a person to a planning authority under [subsection (1)](#GS63B@Gs1@EN) , the planning authority must issue a notice in writing to the person as soon as practicable after – > > > > > > (a) it is, within 120 days after the notice is received, determined that – > > > > > > > > > > (i) charges are, or are not, to be laid in relation to the contravention or failure; or > > > > > > > > > > > (ii) an infringement notice under [section 65A](#GS65A@EN) , or an enforcement notice under [section 65C](#GS65C@EN) , is, or is not, to be issued and served on a person in relation to the contravention or failure; or > > > > > > > (b) the planning authority, within 120 days after the notice is received, lays charges against a person in relation to the contravention or failure; or > > > > > > > (c) an infringement notice under [section 65A](#GS65A@EN) , or an enforcement notice under [section 65C](#GS65C@EN) , is issued and served on a person, within 120 days after the notice is received, in relation to the contravention or failure. > > > (4)  A notice under [subsection (3)](#GS63B@Gs3@EN) in relation to a contravention or failure, or likely contravention or failure, is to advise the person to whom it is issued of the determination, the laying of charges or the issue and service of an infringement notice under [section 65A](#GS65A@EN) or an enforcement notice under [section 65C](#GS65C@EN) , as the case may be.