Planning compliance

Most developments follow the law or comply with the conditions of their state development approval, but sometimes breaches occur. When this happens, we take compliance and enforcement action to maintain the integrity of Queensland’s planning framework in accordance with our Compliance and Enforcement Policy ( 361.4 KB).

What we regulate

The Department issues a range of state development approvals that may be enforced by other government or local authorities. We regulate compliance for the following state development approvals:

• State interest matters under the Planning Act 2016 (Planning Act)
• Wind farms
• Solar farms (1 MW or more)
• Battery storage facilities (50MW or more).

If you are not sure if the Department regulates your matter, contact the relevant local government for further information.

How we investigate potential breaches

The Department investigates potential breaches of the Planning Act to ensure development across Queensland complies with state development approvals and relevant legislation.

Under the Planning Act, we appoint Inspectors to respond to complaints and investigate alleged development offences.

What inspectors do

Inspectors have powers under Chapter 5 of the Planning Act. Their role includes:

• investigating development offences
• conducting site inspections
• requesting and reviewing documents
• collecting evidence and taking statements
• issue statutory notices.

All investigations are undertaken in line with the Compliance and Enforcement Policy, ensuring actions are proportionate, transparent and fair.

Enforcement actions

If the Department believes a breach of the Planning Act has occurred, it may take one or more enforcement actions. These actions escalate depending on the seriousness of the offence and the risk posed.

• Education and early engagement – For minor or technical non-compliance where voluntary compliance is achievable.
• Warning letter – For low-risk non-compliances that have been rectified.
• Show Cause Notice / Enforcement Notice – Formal notices requiring action.
• Prosecution – An offence proceeding in the Magistrates Court on a complaint to prosecute a person for an offence.
• Enforcement Order – A proceeding in the Planning and Environment Court for an enforcement order (or interim enforcement order) to require a person to refrain from committing an offence or/and remedy the effect of an offence.

Receiving a statutory notice

If you receive a Show Cause Notice or Enforcement Notice, the statutory notice will outline:

• what the Department alleges
• the facts supporting the allegation
• your rights and obligations
• any actions you may need to take
• applicable appeal or representation pathways.

You may wish to seek independent legal advice to understand your rights, responsibilities and timeframes.

Your rights

Show Cause Notice

A Show Cause Notice is issued when the Department reasonably believes:

• you have committed a development offence
• you own premises where a development offence has occurred.

You may:

• provide written representations
• ask the Department for clarification
• choose not to respond (noting this may influence next steps).

Any representations you provide may be considered in further enforcement action. You may wish to seek legal advice before responding.

Enforcement Notice

An Enforcement Notice is a formal direction to take or stop certain actions. You have the right to appeal. Depending on the matter, an appeal can be made to:

• the Planning and Environment Court
• the Development Tribunal.

Appeal timeframes and requirements are set out in Chapter 6 of the Planning Act.

You may wish to seek legal advice to understand your rights and obligations.