65CEnforcement notices

### 65C Enforcement notices > [*\[Section 65C of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  [*\[Section 65C Subsection (1) amended by No. 33 of 2022, s. 37, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS37@EN) An authorised officer who reasonably believes a person has committed, is committing, or is about to commit, an offence against [section 57(4A)](#GS57@Gs4A@EN) , [section 63(3)](#GS63@Gs3@EN) or [section 64(7)](#GS64@Gs7@EN) may issue a notice (an ***enforcement notice***) in relation to the offence and serve it on the person. > > > (2)  Subject to [subsection (3)](#GS65C@Gs3@EN) , an enforcement notice in relation to an offence may only be issued and served on a person if – > > > > > > (a) a notice of intention to issue an enforcement notice in relation to the same offence has been issued and served on the person under [section 65B](#GS65B@EN) ; and > > > > > > > (b) the enforcement notice is issued and served after the end of the last day of the period specified under [section 65B(2)(f)](#GS65B@Gs2@Hpf@EN) in the notice of intention to issue an enforcement notice; and > > > > > > > (c) the authorised officer has considered any representations made under [section 65B(4)](#GS65B@Gs4@EN) by the person on whom the notice of intention to issue an enforcement notice was served. > > > (3)  [Subsection (2)](#GS65C@Gs2@EN) does not apply in relation to an enforcement notice if the authorised officer issuing the notice reasonably believes that it is necessary that the notice be issued and served without delay – > > > > > > (a) so as to prevent the imminent commission of, or the continuation of, the offence to which the notice relates; and > > > > > > > (b) because, were the offence to be committed or to continue to be committed – > > > > > > > > > > (i) damage might be caused to the property of another person; or > > > > > > > > > > > (ii) actions could not be taken easily or without significant expense to restore land or a building or other structure on land to the condition it was in before the offence was committed. > > > (4)  An enforcement notice issued and served on a person in respect of an offence must – > > > > > > (a) be in writing; and > > > > > > > (b) specify the provision to which the offence relates; and > > > > > > > (c) contain particulars of the offence that give adequate information as to the nature of the offence; and > > > > > > > (d) inform the person of the person's rights under this Act to appeal against the notice; and > > > > > > > (e) specify the requirements, referred to in [section 65D](#GS65D@EN) , that are imposed on the person. > > > (5)  The planning authority must notify in writing an owner of land, in relation to which an enforcement notice is served under [subsection (1)](#GS65C@Gs1@EN) , if the person on whom the enforcement notice is served is not the owner of the land. > > > (6)  An enforcement notice that imposes on a person a requirement, referred to in [section 65D](#GS65D@EN) , that the person stop carrying out a use or development on land may, as an alternative to being served in accordance with [section 84](#GS84@EN) , be served by affixing the notice to a building or structure on the land in a place where a person entering the land would be likely to see the notice. > > > (7)  An authorised officer may, by notice served on a person on whom an enforcement notice has been served under [subsection (1)](#GS65C@Gs1@EN) , withdraw the enforcement notice. > > > (8)  If an authorised officer withdraws under [subsection (7)](#GS65C@Gs7@EN) an enforcement notice in relation to land – > > > > > > (a) a person may not be prosecuted for having failed to comply with the enforcement notice; and > > > > > > > (b) the authorised officer is to give notice in writing of the withdrawal of the enforcement notice to any owner of the land who was notified under [subsection (5)](#GS65C@Gs5@EN) in relation to the enforcement notice.