Whilst the principal method of enforcement under the Planning and Environment Act 1987 (Vic) is by way of enforcement orders, a further way to enforce planning regulation is to prosecute offenders in the Magistrates’ Court.

The aim of enforcement orders is to rectify breaches of planning regulation whilst prosecution is a form of punishment for such contravention. Any person who uses or develops land in contravention of, or non-compliance with, a planning scheme, planning permit or an agreement with a responsible authority under section 173 of the Planning and Environment Act 1987 (Vic) (or any person who is the owner or occupier of such land), is guilty of an offence and liable to a fine of up to $136,104 (1200 penalty units), and a further penalty of up to $6805.2 (60 penalty units) for each day that the breach continues; (see sections 126–7 of the Planning and Environment Act 1987 (Vic)).

Fines current until 30 June 2009 at $113.42 as 1 penalty unit.

A prosecution may be instigated by:

• a responsible authority; (see sections 14(a) and 129 of the Planning and Environment Act 1987 (Vic)): or
• members of the public and must be brought within 12 months after the date on which the offence is alleged to have been committed; (see section 26(4) of the Magistrates’ Court Act 1989 (Vic)).

The burden of proof for a criminal offence is more stringent, whereby the prosecutor must prove beyond reasonable doubt that the accused committed the offence.

• View the Planning and Environment Act 1987 on Austlii

• Victorian Government - Department of Planning and Community Development (DPCD)

• DPCD - Victorian Planning Provisions

• Magistrates Court of Victoria