QLDIn ForceAct
Planning Act 2016
sec.181P&E Court’s powers about enforcement orders
Start here
Get a plain-English read of sec.181
Turn the raw legal text into a practical explanation grounded in Planning Act 2016.
### sec.181 P&E Court’s powers about enforcement orders
The P&E Court’s power to make an enforcement order or interim enforcement order may be exercised whether or not the development offence has been prosecuted.
The power to order a person to stop, or not to start, an activity may be exercised whether or not—
the P&E Court considers the person intends to engage, or to continue to engage, in the activity; or
the person has previously engaged in an activity of the same type; or
there is danger of substantial damage to property or injury to another person if the person engages, or continues to engage, in the activity.
The power to order a person to do anything may be exercised whether or not—
the P&E Court considers the person intends to fail, or to continue to fail, to do the thing; or
the person has previously failed to do a thing of the same type; or
there is danger of substantial damage to property or injury to another person if the person fails, or continues to fail, to do the thing.
A person may apply to the P&E Court to cancel or change an enforcement order or interim enforcement order.
The P&E Court’s powers under this section are in addition to the court’s other powers.
(sec.181-ssec.1) The P&E Court’s power to make an enforcement order or interim enforcement order may be exercised whether or not the development offence has been prosecuted.
(sec.181-ssec.2) The power to order a person to stop, or not to start, an activity may be exercised whether or not— the P&E Court considers the person intends to engage, or to continue to engage, in the activity; or the person has previously engaged in an activity of the same type; or there is danger of substantial damage to property or injury to another person if the person engages, or continues to engage, in the activity.
(sec.181-ssec.3) The power to order a person to do anything may be exercised whether or not— the P&E Court considers the person intends to fail, or to continue to fail, to do the thing; or the person has previously failed to do a thing of the same type; or there is danger of substantial damage to property or injury to another person if the person fails, or continues to fail, to do the thing.
(sec.181-ssec.4) A person may apply to the P&E Court to cancel or change an enforcement order or interim enforcement order.
(sec.181-ssec.5) The P&E Court’s powers under this section are in addition to the court’s other powers.
- (a) the P&E Court considers the person intends to engage, or to continue to engage, in the activity; or
- (b) the person has previously engaged in an activity of the same type; or
- (c) there is danger of substantial damage to property or injury to another person if the person engages, or continues to engage, in the activity.
- (a) the P&E Court considers the person intends to fail, or to continue to fail, to do the thing; or
- (b) the person has previously failed to do a thing of the same type; or
- (c) there is danger of substantial damage to property or injury to another person if the person fails, or continues to fail, to do the thing.