Sch 15Civil penalties

Schedule 15—Civil penalties 1—Form of notice of right to elect to be prosecuted (regulation 114) Civil penalty for contravention—notice of right to elect to be prosecuted for contravention Planning, Development and Infrastructure Act 2016—section 225(3) Reference number: Issued by: To: [insert full name, company name (if applicable), postal address and any other information relevant for service of the notice] Notice to alleged offender 1 The [insert name of designated entity] is satisfied that you have committed an offence by contravening a provision of the Planning, Development and Infrastructure Act 2016 as follows: Provision contravened: Address or location of contravention: Details of contravention: 2 The purpose of this notice is to advise you that you may, by written notice to [insert name of designated entity], elect to be prosecuted for the contravention (see section 225(3) of the Act). If you do not elect to be prosecuted, the [insert name of designated entity] may commence civil penalty proceedings under section 225 of the Act for the purpose of obtaining an order from the Court that you pay an amount as a civil penalty in respect of the contravention. In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities. 3 If you elect to be prosecuted, rather than negotiating a civil penalty with the Authority or facing civil penalty proceedings, you must serve a written notice on the [insert name of designated entity] within 21 days after service of this notice.