Where a person has breached or failed to comply with the Planning and Environment Act 1987, or a planning permit, planning schemes or section 173 agreement, they may have committed an offence and be liable for certain penalties.
Types of penalties
Depending on the nature of the offence:
- a planning infringement notice can be issued by an authorised officer
- an enforcement order or interim enforcement order can be applied for from VCAT
- prosecution may be pursued in the Magistrates' Court
Where a planning infringement notice has been issued, the penalty is five penalty units for a natural person (an individual) and 10 penalty units for a body corporate.
The maximum penalty that can apply to prosecution in the magistrate's court is 1,200 penalty units.
The penalty for a contravention of an enforcement order or interim enforcement order is set under the Victorian Civil and Administrative Tribunal Act 1998.
If a responsible authority prosecutes for an offence under the Planning & Environment Act 1987 all penalties recovered in respect to that offence must be paid to the responsible authority.
Both a planning infringement notice and an enforcement order, or interim enforcement order, can also require that measures be taken to resolve the situation.
To achieve a satisfactory outcome to any prosecution or application to the Magistrates' Court or VCAT, responsible authorities must ensure that all documentation it provides is of a high standard.
|46AZF||Releasing confidential information by a person who has been a member of, Chief Executive Officer or employed by the Growth Areas Authority.||100 penalty units|
|48||Providing misleading information on an application.||60 penalty units|
|127||Person guilty of an offence for which no penalty has been expressly provided for under the Act.|| |
1,200 penalty units
If the contravention or failure is of a continuing nature, a further penalty of 60 penalty units for each day that it continues.
|130||Where an infringement notice has been issued for contravening a scheme, permit or section 173 agreement.|| |
Five penalty units in the case of a natural person.
10 penalty units in the case of a body corporate.
|137||Without lawful excuse obstructing an authorised officer or member of the police force.||60 penalty units|
|169||Person who insults, assaults or obstructs a member of a panel, or misbehaves at a hearing; repeatedly interrupts a hearing or disobeys a direction of a panel.||60 penalty units|
The value of a penalty unit is set each year in accordance with section 6 of the Monetary Units Act 2004. The amount can be obtained from the website of the Department of Treasury and Finance. For the financial year 2015-16, the value of one penalty unit is $151.67. For the financial year 2016-17, the value of one penalty unit will be $155.46.
Where to obtain a copy of the Act
A hard copy of the Act may be purchased from SAI Global Bookshop, Unit 3, 18 Salmon Street, Port Melbourne, telephone 131 242, infostore.saiglobal.com/store
A copy is also available on the Victorian Legislation and Parliamentary Documents website.