sec.180Enforcement orders

### sec.180 Enforcement orders Any person may start proceedings in the P&E Court for an enforcement order. An enforcement order is an order that requires a person to do either or both of the following— refrain from committing a development offence; remedy the effect of a development offence in a stated way. An enforcement order may require a person to pay compensation to someone who, because of the offence, has— suffered loss of income; or suffered a reduction in the value of, or damage to, property; or incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage. The P&E Court may make an enforcement order if the court considers the development offence— has been committed; or will be committed unless the order is made. The P&E Court may make an enforcement order (an interim enforcement order ) pending a decision in proceedings for the enforcement order. An enforcement order or interim enforcement order may direct the respondent— to stop an activity that constitutes a development offence; or not to start an activity that constitutes a development offence; or to do anything required to stop committing a development offence; or to return anything to a condition as close as practicable to the condition the thing was in immediately before a development offence was committed; or to do anything to comply with this Act. to repair, demolish or remove a building to rehabilitate or restore vegetation cleared from land An enforcement order or interim enforcement order may be in terms the P&E Court considers appropriate to secure compliance with this Act. An enforcement order may require the respondent to provide security for the reasonable cost of taking the stated action. An enforcement order or interim enforcement order must state the period within which the respondent must comply with the order. A person must not contravene an enforcement order or interim enforcement order. Maximum penalty—4,500 penalty units or 2 years imprisonment. Unless the P&E Court orders otherwise, an enforcement order, or interim enforcement order, other than an order to apply for a development permit— attaches to the premises; and binds the owner, the owner’s successors in title and any occupier of the premises. If the enforcement order, or interim enforcement order, does attach to the premises, the respondent must ask the registrar of titles, by a notice given within 10 business days after the order is made, to record the making of the order on the appropriate register for the premises. Maximum penalty—200 penalty units. A person may apply to the P&E Court for an order (a compliance order ) that states the enforcement order, or interim enforcement order, has been complied with. If a person gives a notice that a compliance order has been made, and a copy of the compliance order, to the registrar of titles, the registrar must remove the record of the making of the enforcement order, or interim enforcement order, from the appropriate register. If the enforcement order, or interim enforcement order, is not complied with within the period stated in the order, the enforcement authority may— take the action required under the order; and recover the reasonable cost of taking the action as a debt owing to the authority from the respondent. A notice given to the registrar of titles under this section must— be in the form approved by the registrar under the Land Title Act ; and be accompanied by the titles registry fee under the Land Title Act for the notice. s 180 amd 2021 No. 12 s 148 sch 3 (sec.180-ssec.1) Any person may start proceedings in the P&E Court for an enforcement order. (sec.180-ssec.2) An enforcement order is an order that requires a person to do either or both of the following— refrain from committing a development offence; remedy the effect of a development offence in a stated way. An enforcement order may require a person to pay compensation to someone who, because of the offence, has— suffered loss of income; or suffered a reduction in the value of, or damage to, property; or incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage. (sec.180-ssec.3) The P&E Court may make an enforcement order if the court considers the development offence— has been committed; or will be committed unless the order is made. (sec.180-ssec.4) The P&E Court may make an enforcement order (an interim enforcement order ) pending a decision in proceedings for the enforcement order. (sec.180-ssec.5) An enforcement order or interim enforcement order may direct the respondent— to stop an activity that constitutes a development offence; or not to start an activity that constitutes a development offence; or to do anything required to stop committing a development offence; or to return anything to a condition as close as practicable to the condition the thing was in immediately before a development offence was committed; or to do anything to comply with this Act. to repair, demolish or remove a building to rehabilitate or restore vegetation cleared from land (sec.180-ssec.6) An enforcement order or interim enforcement order may be in terms the P&E Court considers appropriate to secure compliance with this Act. An enforcement order may require the respondent to provide security for the reasonable cost of taking the stated action. (sec.180-ssec.7) An enforcement order or interim enforcement order must state the period within which the respondent must comply with the order. (sec.180-ssec.8) A person must not contravene an enforcement order or interim enforcement order. Maximum penalty—4,500 penalty units or 2 years imprisonment. (sec.180-ssec.9) Unless the P&E Court orders otherwise, an enforcement order, or interim enforcement order, other than an order to apply for a development permit— attaches to the premises; and binds the owner, the owner’s successors in title and any occupier of the premises. (sec.180-ssec.10) If the enforcement order, or interim enforcement order, does attach to the premises, the respondent must ask the registrar of titles, by a notice given within 10 business days after the order is made, to record the making of the order on the appropriate register for the premises. Maximum penalty—200 penalty units. (sec.180-ssec.11) A person may apply to the P&E Court for an order (a compliance order ) that states the enforcement order, or interim enforcement order, has been complied with. (sec.180-ssec.12) If a person gives a notice that a compliance order has been made, and a copy of the compliance order, to the registrar of titles, the registrar must remove the record of the making of the enforcement order, or interim enforcement order, from the appropriate register. (sec.180-ssec.13) If the enforcement order, or interim enforcement order, is not complied with within the period stated in the order, the enforcement authority may— take the action required under the order; and recover the reasonable cost of taking the action as a debt owing to the authority from the respondent. (sec.180-ssec.14) A notice given to the registrar of titles under this section must— be in the form approved by the registrar under the Land Title Act ; and be accompanied by the titles registry fee under the Land Title Act for the notice. - (a) refrain from committing a development offence; - (b) remedy the effect of a development offence in a stated way. - (a) suffered loss of income; or - (b) suffered a reduction in the value of, or damage to, property; or - (c) incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage. - (a) has been committed; or - (b) will be committed unless the order is made. - (a) to stop an activity that constitutes a development offence; or - (b) not to start an activity that constitutes a development offence; or - (c) to do anything required to stop committing a development offence; or - (d) to return anything to a condition as close as practicable to the condition the thing was in immediately before a development offence was committed; or - (e) to do anything to comply with this Act. - • to repair, demolish or remove a building - • to rehabilitate or restore vegetation cleared from land - (a) attaches to the premises; and - (b) binds the owner, the owner’s successors in title and any occupier of the premises. - (a) take the action required under the order; and - (b) recover the reasonable cost of taking the action as a debt owing to the authority from the respondent. - (a) be in the form approved by the registrar under the Land Title Act ; and - (b) be accompanied by the titles registry fee under the Land Title Act for the notice.