65DRequirements of enforcement notices

### 65D Requirements of enforcement notices > [*\[Section 65D of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  An enforcement notice that is served on a person under [section 65C](#GS65C@EN) may require the person to do any one or more of the following: > > > > > > (a) not to commit, or to cease to commit, the offence to which the notice relates; > > > > > > > (b) to take the action, specified in the notice, to remedy the consequences of the commission of the offence; > > > > > > > (c) to take all reasonable steps to ensure that a permit, or a planning compliance certificate, in relation to the land to which the notice relates is granted under this Act. > > > (2)  Without limiting the generality of the requirements that, under [subsection (1)](#GS65D@Gs1@EN) , may be imposed on a person by an enforcement notice, an enforcement notice may contain one or more of the following requirements: > > > > > > (a) that the person stop carrying out development of the kind specified in the notice; > > > > > > > (b) that the person stop carrying out a use of land that is specified in the notice; > > > > > > > (c) that the person demolish or remove a building or other structure, or any works carried out, on land owned or occupied by the person; > > > > > > > (d) that the person restore, so far as reasonably practicable, land, or a building or structure on land, to the condition it was in before development was carried out by the person; > > > > > > > (e) [*\[Section 65D Subsection (2) amended by No. 47 of 2015, s. 31, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS31@Hpb@EN) [*\[Section 65D Subsection (2) amended by No. 47 of 2015, s. 31, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS31@Hpa@EN) [*\[Section 65D Subsection (2) amended by No. 21 of 2020, s. 14, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS14@EN) that the person do, or not do, an act, so as to ensure that development carried out by the person on land is in accordance with a State Policy, permit, major project permit or planning scheme, that applies to the land. > > > (3)  If an enforcement notice served on a person under [section 65C](#GS65C@EN) requires the person to ensure that work is carried out, the notice must specify the details of the work. > > > (4)  If an enforcement notice served on a person under [section 65C](#GS65C@EN) requires the person – > > > > > > (a) to refrain from doing an act, the notice must also specify – > > > > > > > > > > (i) the period for which the requirement applies; or > > > > > > > > > > > (ii) that the requirement applies until the person is otherwise notified by an authorised officer; or > > > > > > > (b) to do an act, the notice must specify the period within which the act is required to be done. > > > (5)  An enforcement notice issued under [section 65C](#GS65C@EN) may not contain a requirement in respect of a matter in relation to which, in accordance with [section 44(1)(a)](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs1@Hpa@EN) , [(b)](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs1@Hpb@EN) or [(e)](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs1@Hpe@EN) or [44(2)(a)](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs2@Hpa@EN) , [(b)](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs2@Hpb@EN) or [(e) of the](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs2@Hpe@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) , an environment protection notice may be issued. > > > (6)  An enforcement notice may not be issued under [section 65C](#GS65C@EN) in relation to land if the notice contains a requirement that is inconsistent with a requirement of an environment protection notice, issued under [section 44 of the](/view/html/inforce/2026-04-12/act-1994-044#GS44@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) , that applies in relation to the land. > > > (7)  An authorised officer who issues an enforcement notice under [section 65C](#GS65C@EN) in relation to land, to which an environment protection notice issued under [section 44 of the](/view/html/inforce/2026-04-12/act-1994-044#GS44@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) applies, must notify the Director, within the meaning of that Act, that the enforcement notice has been issued.