QLDIn ForceAct
Planning Act 2016
sec.169Consulting private certifier about enforcement notice
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### sec.169 Consulting private certifier about enforcement notice
This section applies if a private certifier is engaged in relation to development.
The enforcement authority must not give an enforcement notice for that part of the development for which the private certifier is engaged until the authority has consulted about the giving of the notice with—
the private certifier; or
if the enforcement authority is the private certifier—the local government.
However, subsection (2) does not apply if the enforcement authority reasonably believes the works for which the enforcement notice is to be given are dangerous.
If the enforcement authority is the private certifier, the authority may not delegate power to give an enforcement notice that orders the demolition of a building.
The enforcement authority may carry out consultation under this section in the way the enforcement authority considers appropriate.
(sec.169-ssec.1) This section applies if a private certifier is engaged in relation to development.
(sec.169-ssec.2) The enforcement authority must not give an enforcement notice for that part of the development for which the private certifier is engaged until the authority has consulted about the giving of the notice with— the private certifier; or if the enforcement authority is the private certifier—the local government.
(sec.169-ssec.3) However, subsection (2) does not apply if the enforcement authority reasonably believes the works for which the enforcement notice is to be given are dangerous.
(sec.169-ssec.4) If the enforcement authority is the private certifier, the authority may not delegate power to give an enforcement notice that orders the demolition of a building.
(sec.169-ssec.5) The enforcement authority may carry out consultation under this section in the way the enforcement authority considers appropriate.
- (a) the private certifier; or
- (b) if the enforcement authority is the private certifier—the local government.