Town and Country Planning Act · 2022 Revised Edition · Part · Enforcement
42. Civil penalties
Official textFrom Attorney General's Chambers, unchanged
The Planning Authority may require a person to pay a penalty for the grant of any written permission for —
Planning Authority
“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
any development of land;
any subdivision or consolidation of land; or
any works within a conservation area, in respect of which there appears to the Planning Authority that an offence has been committed, whether or not proceedings have been instituted against any person for an offence under section 23.
Such a penalty shall not exceed —
50 times the fee prescribed for an application for written permission, subdivision or consolidation permission, or conservation permission, as the case may be; or
$150,000, whichever is the lesser amount.
The certificate of the Planning Authority as to the penalty to be imposed under this section shall be conclusive of the amount.
No further proceedings shall be instituted or taken against any person for an offence under section 23 once the penalty has been paid.
Town and Country Planning 40
Terms defined in s 2
conservation area
Defined · s 2“conservation area” means an area designated by the Minister in accordance with sections 5, 17 and 20;
conservation permission
Defined · s 2“conservation permission” means permission referred to in section 23(4);
consolidation permission
Defined · s 2“consolidation permission” means permission referred to in section 23(3);
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
Planning Authority
Defined · s 2“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
written permission
Defined · s 2“written permission” means a planning permission, subdivision permission, consolidation permission or conservation permission as the case may be, granted by the Planning Authority and includes any such permission granted or issued by electronic transmission or in a medium other than paper and authenticated in such manner as the Planning Authority may determine;