65EOffences and penalties in relation to enforcement notices

### 65E Offences and penalties in relation to enforcement notices > [*\[Section 65E of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  A person must not, without reasonable excuse, contravene or fail to comply with a requirement imposed on the person by an enforcement notice, served on the person under [section 65C](#GS65C@EN) , that is in force. > > > > Penalty:  Fine not exceeding 500 penalty units. > > > (2)  If a person is convicted of an offence against [subsection (1)](#GS65E@Gs1@EN) that relates to an enforcement notice, the court may order that the person pay to the planning authority the reasonable cost incurred by the authority in investigating or prosecuting (or both) either or both of the following offences: > > > > > > (a) the offence against [subsection (1)](#GS65E@Gs1@EN) ; > > > > > > > (b) the suspected offence in relation to which the enforcement notice was served. > > > (3)  If a person is convicted of an offence against [subsection (1)](#GS65E@Gs1@EN) , the court may order that – > > > > > > (a) the person is required to carry out, within the period specified in the order, work specified in the order; and > > > > > > > (b) if the person does not carry out the work within that period and the relevant planning authority carries out the work under [subsection (5)](#GS65E@Gs5@EN) , the person is liable to the planning authority for the reasonable costs incurred by the authority in carrying out the work. > > > (4)  [*\[Section 65E Subsection (4) amended by No. 21 of 2020, s. 15, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS15@EN) [*\[Section 65E Subsection (4) amended by No. 47 of 2015, s. 32, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS32@EN) The work that may be specified in an order under [subsection (3)](#GS65E@Gs3@EN) in relation to an offence against [subsection (1)](#GS65E@Gs1@EN) , committed in respect of a requirement imposed on a person by an enforcement notice served on the person under [section 65C](#GS65C@EN) , is – > > > > > > (a) work that the enforcement notice required to be carried out; or > > > > > > > (b) work that is required to be carried out, because a requirement specified in the enforcement notice was not complied with – > > > > so as to ensure that a use or development is in accordance with a State Policy, the relevant planning scheme, permit, major project permit or determination. > > > (5)  If a court makes an order of a kind referred to in [subsection (3)](#GS65E@Gs3@EN) in relation to a person and the person does not, within the period specified in the order, carry out the work specified in the order, the relevant planning authority may carry out the work. > > > (6)  A person, other than – > > > > > > (a) an authorised officer; or > > > > > > > (b) the person on whom the enforcement notice has been served by affixing the notice to land – > > > > must not, without lawful authority, damage, deface or remove an enforcement notice that has been affixed to land. > > > > Penalty:  Fine not exceeding 500 penalty units.