Enforcement of unlawful construction works
Regulatory action taken by Council varies according to the circumstances, but may include:
- a Notice and/or Order to have works rectified or addressed
- Penalty Infringement Notice (fine)
- legal action in either the Local Court or the Land and Environment Court.
Failure to comply with Notices and Orders may result in a fine or prosecution. There is a right to appeal an Order. A Notice or Order can be issued concurrently with a Penalty Infringement Notice (fine) or enforcement proceedings. Council can approach the Courts for appropriate Orders but we are also able to start civil proceedings in the Courts, without the issuing of an Order. Negligent or wilful non-compliance with an Order is likely to result in prosecution.
Penalty Infringement Notices (fines)
Council may elect to issue a fine for certain offences instead of starting prosecution proceedings in the Local Court or the Land and Environment Court.
Fines generally range from $100 up to $2000. Council Officers will issue a fine if it is considered to be appropriate with the seriousness of the offence.
Paying a fine is not an admission of liability or guilt. When you pay a fine, you cannot be prosecuted for the same offence, however, Council may still seek rectification of unlawful work by issuing an Order or Court action.
Council's Compliance and Enforcement Policy provides a framework for how we manage building and environmental compliance.