Appendix 2 - Caravan Parks v Rockhampton Regional Council & Anor [2018] QPEC 52 · MCU19/0117

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[68]   CPAQ has established RV accommodation does not support the park in the manner
       contemplated by the above definition. It is a separate use of the land. The existing use
       of the land comprises two separate planning units.

Power to grant enforcement orders

[69]   The Originating Application seeks enforcement orders under s.180(3) of the PA. This
       remedy is discretionary.

[70]   Section 180 of the PA provides the court’s power to grant an enforcement order. An
       “enforcement order” is defined in Schedule 2 of the PA, relevantly in this case, by
       reference to s.180(2) which is in the following terms:

                “(2)   An enforcement order is an order that requires a person to do either
                       or both of the following –

                       (a)     refrain from committing a development offence;

                       (b)     remedy the effect of a development offence in a stated way.”

[71]   The court’s power to grant an enforcement order (as defined) is enlivened where
       s.180(3) of the PA is satisfied. This provision is in the following terms:

                “(3)   The P&E Court may make an enforcement order if the court
                       considers the development offence –

                        (a)    has been committed; or

                        (b)    will be committed unless the order is made.”

[72]   The power to grant an enforcement order under s.180(3) of the PA is not contingent
       upon a declaration being made about the commission, or likely commission, of a
       development offence under s.11 of the PECA. The court need only be satisfied that
       one of two pre-conditions to the exercise of the power is satisfied. The relevant pre-
       conditions are expressed in the alternative limbs of s.180(3)(a) and (3)(b) of the PA.
       CPAQ relies upon subsection (3)(a), namely that a development offence has been
       committed.

[73]   A “development offence” is defined in Schedule 2 of the PA by reference to s.161 of
       that Act. Section 161 of the PA is contained in Chapter 5, Part 2 and is in the
       following terms:

                “161   What part is about
                       This part creates offences (each a development offence), subject to
                       any exemption under this part or to chapter 7, part 1.”

[74]   Five development offences are created in Chapter 5, Part 2 of the PA. This part of the
       PA took effect on 3 July 2017.

[75]   CPAQ alleges two development offences in Chapter 5, Part 2 of the PA have been
       committed to enliven the court’s jurisdiction to grant enforcement orders. The
       specific development offences relied upon are contained ss.163 and 165(a) of the PA.