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ARTICLE · 16 AUGUST 2015

Planning update: amendments to planning enforcement regime have commenced

Holding Redlich
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New provisions will commence on 30 September 2015.

AustraliaReal Estate and Construction
Breellen Warry
Breellen Warry
Bianca Fernandes (Formerly With Holding Redlich)
Bianca Fernandes (Formerly With Holding Redlich)
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On 31 July 2015, amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) (assented to on 19 November 2014) commenced, including new penalties for breaches of planning law, a new offence regime and increased enforcement powers.

As we outlined previously, the reforms include a new tiered offence system modelled on the Protection of the Environment Operations Act 1979. For example, for tier 1 offences such as carrying out development without approval, a corporation can be charged up to $5 million plus additional penalties for continuing offences. Alternative sentencing and increased investigation and enforcement powers have also commenced.

Other provisions will commence on 30 September 2015, including the offence of providing false or misleading information. A person is guilty of an offence where a person provides information in connection with a "planning matter" that the person knows, or ought to have known, was false or misleading in

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