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ARTICLE · 01 MARCH 2017

Responding to an enforcement notice given under the Sustainable Planning Act 2009

Cooper Grace Ward
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Failure to comply with an SPA enforcement notice in Queensland is an offence and can carry a hefty financial penalty.

AustraliaReal Estate and Construction
Marcus Ford
Marcus Ford
Leanne O’Neill
Leanne O’Neill
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Have you or your company been given an enforcement notice under the Sustainable Planning Act 2009 (SPA)? Failure to comply with an enforcement notice is an offence and can carry a hefty financial penalty.

When can an Enforcement Notice be given?

An assessing authority (e.g. a Local Government or State agency) can give an enforcement notice under the SPA if they reasonably believe that you are committing a development offence.

Before an enforcement notice is given, the assessing authority will usually give a show cause notice in relation to the alleged offence. If this happens, it is critical that you make written representations to the assessing authority within the timeframe specified. Your response to the show cause notice may well resolve the issues and the enforcement action may not be further pursued.

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