Planning Penalties and Infringement Notices 2015-16 Amounts
Planning Penalties and Infringement Notices - Amounts for 2016-17
The value of a penalty unit, for 2016-17, as announced by the Treasurer, is $155.46.
Planning Penalties
Where a person has breached or failed to comply with the Planning and Environment Act 1987, or a planning permit, planning schemes or section 173 agreement, they may have committed an offence and be liable for certain penalties.
Types of penalties
Depending on the nature of the offence:
- a planning infringement notice can be issued by an authorised officer
- an enforcement order or interim enforcement order can be applied for from VCAT
- prosecution may be pursued in the Magistrates' Court
Where a planning infringement notice has been issued, the penalty is five penalty units for a natural person (an individual) and 10 penalty units for a body corporate.
The maximum penalty that can apply to prosecution in the magistrate's court is 1,200 penalty units.
The penalty for a contravention of an enforcement order or interim enforcement order is set under the Victorian Civil and Administrative Tribunal Act 1998.
If a responsible authority prosecutes for an offence under the Planning & Environment Act 1987 all penalties recovered in respect to that offence must be paid to the responsible authority.
Both a planning infringement notice and an enforcement order, or interim enforcement order, can also require that measures be taken to resolve the situation.
To achieve a satisfactory outcome to any prosecution or application to the Magistrates' Court or VCAT, responsible authorities must ensure that all documentation it provides is of a high standard.
Section / Provision/Offence / Penalty / 2016-17$ amount
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 / $15,546.00
48 / Providing misleading information on an application. / 60 penalty units / $9,328.00
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. / $186,552.00
$9,328.00
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. / $777.0
$1555.00
137 / Without lawful excuse obstructing an authorised officer or member of the police force. / 60 penalty units / $9,328.00
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 / $9,328.00
Planning Infringement Notices
A planning infringement notice offers an alternate, straightforward and expeditious method for dealing with certain minor offences relating to a contravention of a planning scheme, permit or agreement under the Planning and Environment Act 1987 (P&E Act). The infringements system also provides the owner or occupier of land who has committed the offence a means of expiating the offence (that is, make amends) without a conviction.
$ amount
126 / An offence against section 126 of the Act constituted by use or development of land in contravention of, or failure to comply with a planning scheme, or a permit, or an agreement under section 173 of the P&E Act. / In the case of a natural person 5 penalty units.
In the case of a body corporate 10 penalty units. / $777.00
$1555.00
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.
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