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Planning schemes are designed to regulate use, development and protect vegetation where appropriate to meet agreed community objectives. A planning scheme is a law that regulates the way land can be used and developed. As with any other law or regulation, planning schemes are only effective if their requirements are enforced.
The Responsible Authority (Hindmarsh Shire Council), is required by law to enforce a planning scheme.
Enforcement should occur when there is a clear breach of the Planning and Environment Act 1987 (Vic), the planning scheme, permit condition or Section 173 Agreement and the breach warrants enforcement, especially if it causes detriment to the community or compromises development standards.
The main objective of enforcement is to ensure compliance rather than to prosecute offenders. However, punishment for some types of offences may be necessary.
Please see the next section for examples of breaches.
Depending on the nature and seriousness of the problem, the Responsible Authority can do one or more of the following:
Other enforcement options may be available in certain circumstances, including seeking injunctions from the courts, or in rare cases carrying out the works to secure compliance and then seeking to recover the costs.