Environmental Planning and Assessment Act 1979 No 203

Currency

As amended to Statute Law (Miscellaneous Provisions) Act 2019 (No 1). Sch 2.12 commenced 1 July 2019. Current to 1 July 2019.

Jurisdiction

Section 9.57(1), (2): Proceedings for an offence against the Act or regulations may be taken before the Local Court. Proceedings for an offence against the Act may be taken before the Land and Environment Court in its summary jurisdiction.

Section 9:50(3A): A person who aids, abets, counsels or procures another person to commit, or conspires to commit, an offence against this Act or the regulations is guilty of an offence.

Penalties

Sections 9.52, 9.53 and 9.54 provide for maximum penalties for offences against the Act respectively for Tiers 1, 2 and 3.

Tier 1 provides for a maximum penalty, in the case of a corporation of $5 million and $50,000 for each day the offence continues. In the case of an individual the maximum penalty is $1 million and $10,000 for each day the offence continues.

Tier 2 provides for a maximum penalty, in the case of a corporation of $2 million and $20,000 for each day the offence continues. In the case of an individual the maximum penalty is $500,000 and $5,000 for each day the offence continues.

Tier 3 provides for a maximum penalty, in the case of a corporation of $1 million and $10,000 for each day the offence continues. In the case of an individual the maximum penalty is $250,000 and $2,500 for each day the offence continues.

Penalties in Local Courts

Section 9.57(3): If proceedings are brought in the Local Court, the maximum monetary penalty that the court may impose in respect of the offence is 1000 pu ($110,000) or the maximum monetary penalty provided by the Act in respect of the offence, whichever is the lesser.

Section 9.56(3): In addition to, or in substitution for any pecuniary penalty, the court may direct the planting of new trees or vegetation, and to provide security to ensure performance of such direction.

Time for commencement

Section 9.57(5): Proceedings for an offence against the Act or regulations may be commenced not later than 2 yrs after the offence was alleged to be committed. Section 9.57(5A) provides for the commencement of proceedings in some cases within 2 years after the date evidence of the alleged offence comes to the attention of the Department, council or investigation officer.

SECTION DESCRIPTION PENALTY (MAX)
4.2(1)* Carry out development without consent or not in accordance with consent 1000 pu*

[Tier 1 Max penalty]

4.3* Carry out prohibited development 1000 pu*

[Tier 1 Max penalty]

9.25(1) Failure to comply with requirement of investigation officer 1000 pu*

[Tier 3 Max penalty]

9.37(1)* Contravene orders given by consent authority 1000 pu*

[Tier 1 Max penalty]

9.42(1) False or misleading information in an audit report 1000 pu*

[Tier 3 Max penalty]

10.4(11) Failure to make disclosure of political donation/gift 400 pu and/or 2 yrs*†
10.5(1)–(3) Disclosure and misuse of information 1000 pu or 6 mths*

[Tier 3 Max penalty and/or 6 mths]

Ancillary orders

9.56(3)

Destruction of, or damage to a tree or vegetation

The court may, in addition to or in substitution for any pecuniary penalty, direct that person to

(a) 

plant new trees or vegetation and maintain them to mature growth

(b) 

provide security for the performance of any obligation under (a).

*

Maximum penalty in the Local Court: s 9.57(3).

Same as maximum penalty for making a false statement under s 146 Electoral Funding Act 2018.

Environmental Planning and Assessment Regulation 2000

Currency

As amended to Statute Law (Miscellaneous Provisions) Act (No 2) 2018 (No 68). Commenced 8 January 2019. Current to 17 January 2019.

For all offences except those listed below, the Local Court’s jurisdictional limit is 1,000 pu: s 9.57(3) Environmental Planning and Assessment Act.

The exceptions are:

CLAUSE DESCRIPTION PENALTY (MAX)
183(1) Offences relating to the display of fire safety notices $1500 indiv or corp*
184(a), (b) or (c) Offences relating to the obstruction of fire exits $1500 indiv or corp*
185(b) Offences relating to the obstruction or interference with fire exit doors $1500 indiv or corp*
186(a), (b) or (c) Offences relating to the obstruction or interference with paths of travel to fire exits $1500 indiv or corp*
*

Penalty Notice Offences