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Planning and Environment Act 1987
119What can an enforcement order provide for?
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119 What can an enforcement order provide for?
(1) An enforcement order made by the Tribunal—
(a) must specify—
S. 119(1)(a)(i) amended by No. 62/1991 s. 35(6).
(i) the use or development which contravenes or has contravened or will contravene this Act or the planning scheme, permit condition or agreement; and
(ii) any other prescribed information; and
S. 119(1)(b) amended by No. 86/1989 s. 25(n).
(b) may direct any person against whom it is made to do any one or more of the following—
S. 119(1)(b)(i) amended by No. 29/2011 s. 3(Sch. 1 item 70.1).
(i) to stop the use or development within a specified period; or
(ii) not to start the use or development; or
(iii) to maintain a building in accordance with the order; or
(iv) to do specified things within a specified period—
S. 119(1)(b) (iv)(A) amended by Nos 62/1991 s. 35(7)(a)(b), 128/1993 s. 24.
(A) to restore the land as nearly as practicable to its condition immediately before the use or development started or to any condition specified in the order or to any other condition to the satisfaction of the responsible authority, a Minister, public authority, municipal council, referral authority or other person or body specified in the Order; or
S. 119(1)(b) (iv)(B) amended by No. 43/2025 s. 77(1)(a).
(B) to otherwise ensure compliance with this Act, or the planning scheme, permit condition or agreement under section 173; and
S. 119(1)(c) inserted by No. 43/2025 s. 77(1)(b).
(c) may direct any person against whom it is made to do anything referred to in subsection (3) in the circumstances specified in subsection (2).
S. 119(2) inserted by No. 43/2025 s. 77(2).
(2) If native vegetation has been removed, destroyed or lopped in contravention of a planning scheme, a condition of a permit or an agreement under section 173, an enforcement order may direct any person against whom it is made to do anything specified in subsection (3) in relation to—
(a) the land from which the native vegetation was removed or on which it was destroyed or lopped; or
(b) any other land.
S. 119(3) inserted by No. 43/2025 s. 77(2).
(3) For the purposes of subsection (2), the Tribunal may direct the person—
(a) to plant, protect or regenerate native vegetation, including by specifying any of the following—
(i) the type and amount of native vegetation to be planted, protected or regenerated;
(ii) the manner in which native vegetation is to be planted, protected or regenerated;
(iii) the location on the land on which native vegetation is to be planted, protected or regenerated;
(iv) that any planting, protection or regeneration of native vegetation occurs to the satisfaction of the responsible authority, the Minister, public authority, municipal council, referral authority or other person or body specified in the order; or
(b) to take any other action—
for the purposes of achieving or advancing a provision of a planning scheme that relates to native vegetation.
S. 119(4) inserted by No. 43/2025 s. 77(2).
***native vegetation*** means vegetation that is prescribed as native vegetation.