sec.146Requirements for enforcement notice

sec.146 Requirements for enforcement notice

An enforcement notice must state— the reason the person is given the notice; and if the notice requires a person not to take stated action— the period for which the requirement applies; or that the requirement applies until further notice; and if the notice requires a person to take stated action— the details of the action; and the period within which the action must be taken; and that the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice. The person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act. If a local government gives a person an enforcement notice, and the local government must give the person a show cause notice under section 144 , the enforcement notice is of no effect if— the local government did not give the show cause notice to the person; or the local government did not consider all submissions made in compliance with the show cause notice before giving the enforcement notice. (sec.146-ssec.1) An enforcement notice must state— the reason the person is given the notice; and if the notice requires a person not to take stated action— the period for which the requirement applies; or that the requirement applies until further notice; and if the notice requires a person to take stated action— the details of the action; and the period within which the action must be taken; and that the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice. The person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act. (sec.146-ssec.2) If a local government gives a person an enforcement notice, and the local government must give the person a show cause notice under section 144 , the enforcement notice is of no effect if— the local government did not give the show cause notice to the person; or the local government did not consider all submissions made in compliance with the show cause notice before giving the enforcement notice.

• (a) the reason the person is given the notice; and
• (b) if the notice requires a person not to take stated action— (i) the period for which the requirement applies; or (ii) that the requirement applies until further notice; and
• (i) the period for which the requirement applies; or
• (ii) that the requirement applies until further notice; and
• (c) if the notice requires a person to take stated action— (i) the details of the action; and (ii) the period within which the action must be taken; and
• (i) the details of the action; and
• (ii) the period within which the action must be taken; and
• (d) that the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice. Note— The person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act.