QLDIn ForceAct
Regional Planning Interests Act 2014
sec.85Court may make orders
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### sec.85 Court may make orders
A court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.
The order may be in addition to, or in substitution for, any penalty the court may otherwise impose.
The order may, for example, require the defendant—
to stop carrying out a resource activity or regulated activity; or
to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or
to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or
to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or
for a resource activity or regulated activity that has started—to apply for a regional interests development approval.
The order must state the date by, or period within, which the order must be complied with.
A person must comply with the order unless the person has a reasonable excuse.
Maximum penalty—1,665 penalty units or imprisonment for 12 months.
(sec.85-ssec.1) A court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.
(sec.85-ssec.2) The order may be in addition to, or in substitution for, any penalty the court may otherwise impose.
(sec.85-ssec.3) The order may, for example, require the defendant— to stop carrying out a resource activity or regulated activity; or to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or for a resource activity or regulated activity that has started—to apply for a regional interests development approval.
(sec.85-ssec.4) The order must state the date by, or period within, which the order must be complied with.
(sec.85-ssec.5) A person must comply with the order unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units or imprisonment for 12 months.
- (a) to stop carrying out a resource activity or regulated activity; or
- (b) to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or
- (c) to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or
- (d) to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or
- (e) for a resource activity or regulated activity that has started—to apply for a regional interests development approval.