Environmental Law Australia

Development offences in Queensland lecture 2015

This here's the vanilla single for the book thingie.

This is the third of three lectures on the planning system in Queensland, Australia.

This lecture looks at condition-making powers and development offences under the Sustainable Planning Act 2009 (Qld) using a series of case studies of development offences.

The handout referred to in the lecture is available at the following link:

In summary, the take-home messages from the lecture are:

  1. Conditions are a common tool used to impose standards and constraints on development approvals granted under SPA (and other legislation). There are important tests for the validity of conditions (relevant & reasonable, etc).
  2. SPA provides a range of development offences, of which the two most important in practice are carrying out assessable development without a development permit (section 578) and contravening conditions (section 580).
  3. Environmental regulators (including local governments) typically have a range of enforcement options allowing them to choose an appropriate response to offences.
  4. Commercial benefit is a principal reason for development offences and removing this benefit is a principal focus of prosecutions and court sentences.