QLDIn ForceAct
Planning Act 2016
sec.178Order for investigation expenses
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### sec.178 Order for investigation expenses
This section applies if—
a Magistrates Court finds—
a defendant guilty of a development offence; and
an enforcement authority has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis to investigate the offence; and
the enforcement authority applies for an order for the payment of the expenses.
The court may order the defendant to pay a reasonable amount for the expenses to the enforcement authority if the court considers it would be just to do so in the circumstances.
(sec.178-ssec.1) This section applies if— a Magistrates Court finds— a defendant guilty of a development offence; and an enforcement authority has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis to investigate the offence; and the enforcement authority applies for an order for the payment of the expenses.
(sec.178-ssec.2) The court may order the defendant to pay a reasonable amount for the expenses to the enforcement authority if the court considers it would be just to do so in the circumstances.
- (a) a Magistrates Court finds— (i) a defendant guilty of a development offence; and (ii) an enforcement authority has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis to investigate the offence; and
- (i) a defendant guilty of a development offence; and
- (ii) an enforcement authority has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis to investigate the offence; and
- (b) the enforcement authority applies for an order for the payment of the expenses.
- (i) a defendant guilty of a development offence; and
- (ii) an enforcement authority has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis to investigate the offence; and