Provision or offence
Providing misleading information on a planning permit application.
Penalty
60 penalty units.
2026-2027 - Dollar amount
$12,546
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Types of planning penalties
Under the Planning and Environment Act 1987 there are different types of enforcement actions that may be taken depending on the alleged contravention, for example:
- an authorised officer can issue a planning infringement notice
- an enforcement order or interim enforcement order can be sought from the Victorian Civil and Administrative Tribunal (VCAT)
- civil penalties can be sought from the Court
- prosecution to secure a conviction may be pursued through a Court.
If a planning infringement notice has been issued, the penalty is 5 penalty units for an individual and 10 penalty units for a body corporate.
Planning infringement notices, enforcement orders, and interim enforcement orders can also require that measures be taken to stop or not start the use and development or restore the land.
The penalty for non-compliance with an enforcement order or interim enforcement order issued by VCAT is set out in section 133 of the Victorian Civil and Administrative Tribunal Act 1998. The maximum penalty for non-compliance with an enforcement order issued by the Tribunal is up to 3 months’ imprisonment, or 20 penalty units, or both, and up to 50 penalty units if the non-compliance continues.
The Planning and Environment Act 1987 specifies that if a person or organisation uses or develops land in contravention of or fails to comply with a planning scheme, conditions on a planning permit or an agreement under section 173 of the Act, then they are guilty of an offence and may be prosecuted and penalised.
The maximum penalty that can apply when a person or body corporate is found guilty of an offence against the Act is 1,200 penalty units for a natural person or imprisonment for 10 years and 6,000 penalty units for a body corporate. Lower maximum penalties apply when specified for specific offences under the Act.
If the matter the subject of the offence is pursued as a civil penalty, then the maximum civil penalty is 2000 penalty units for a natural person and 10,000 penalty units for a body corporate.
If a responsible authority (usually the local council) prosecutes an offence under the Act, all penalties for that offence must be paid to the responsible authority. However, if a responsible authority seeks and obtains a civil penalty order from a Court, then any penalties received or recovered must be paid into the consolidated fund.
More information about planning offences and penalties.
Penalty units
The value of a penalty unit for a financial year is fixed by the Treasurer under the Monetary Units Act 2004.
The value of one penalty unit is $209.10 for the 2026-2027 financial year.
More details and information on the penalty unit amount are available at the Department of Treasury and Finance.
Offences under the Planning and Environment Act
Provision or offence
Providing false or misleading statements or information to a person carrying out a function under the Act, the Regulations, or a planning scheme.
This offence came into effect on 3 August 2026.
Penalty
240 penalty units, or two years’ imprisonment, or both.
2026-2027 - Dollar amount
$50,184
Provision or offence
If a person is found guilty of an offence for which no penalty has been expressly provided for under the Act, then the general penalty specified under section 127 applies. The general penalty applies to, for example, the main offences specified in section 126 of the Act. This includes the offence to use or develop land in contravention of a planning scheme, or a permit, or an agreement made under section 173 of the Act.
Penalty
In the case of a natural person, up to 1,200 penalty units or up to ten years’ imprisonment, or both, and if the contravention or failure is of a continuing nature, a further penalty of up to 120 penalty units for each day that it continues.
In the case of a body corporate, up to 6,000 penalty units and, if the contravention or failure is of a continuing nature, a further penalty of up to 600 penalty units for each day that it continues.
The option for the court to penalise through imprisonment and apply higher maximum penalties to offenders that are bodies corporate came into effect on 3 August 2026.
2026-2027 - Dollar amount
In the case of a natural person, up to $250,920, and if the contravention or failure is of a continuing nature, a further penalty of up to $25,092 for each day that it continues.
In the case of a body corporate, up to $1,254,600, and if the contravention or failure is of a continuing nature, a further penalty of up to $125,460 for each day that it continues after conviction.
Provision or offence
Where an infringement notice has been issued for contravening a scheme, permit or section 173 agreement.
Penalty
5 penalty units in the case of a natural person.
10 penalty units in the case of a body corporate.
2026-2027 - Dollar amount
$1,046 in the case of a natural person.
$2,091 in the case of a body corporate.
Provision or offence
If a court finds a person or body guilty of an offence against the Act or the regulations, the responsible authority may apply to the court for the court to make a commercial benefits order against the person.
Penalty
Up to triple the amount estimated to be the gross commercial benefit that is, or could have been obtained, due to the actions that resulted in the person being found guilty of breaching the Act or the Regulations.
2026-2027 - Dollar amount
This is determined on a case-by-case basis.
Provision or offence
If a court finds a person or body guilty of an offence against this Act or the regulations, the responsible authority may apply to the court for the court to make a supervisory intervention order against the person. To make a supervisory intervention order, the court must be satisfied that the offender is a systematic or persistent offender and that the order is capable of improving the offender’s capability and willingness to comply with the Act or the regulations. The following penalties apply if the order is not complied with.
Penalty
Up to 1,200 penalty units, or up to ten years’ imprisonment, or both, in the case of a natural person.
Up to 6,000 penalty units in the case of a body corporate.
2026-2027 - Dollar amount
Up to $250,920 in the case of a natural person.
Up to $1,254,600 in the case of a body corporate.
Provision or offence
If a court finds a person or body guilty of an offence against this Act or the regulations, the responsible authority may apply to the court for the court to make an industry exclusion order. To make an industry exclusion order the Court must be satisfied the offender is systematic or persistent offender, it is necessary to restrict opportunities for the offender to commit or be involved in the commission of further offences by excluding the offender from the services that are the subject of the proposed order; and that the application of a supervisory intervention order is not appropriate. The following penalties apply if the order is not complied with.
Penalty
Up to 1,200 penalty units in the case of a natural person, or up to ten years’ imprisonment, or both.
Up to 6,000 penalty units in the case of a body corporate.
2026-2027 - Dollar amount
Up to $250,920 in the case of a natural person.
Up to $1,254,600 in the case of a body corporate.
Provision or offence
The responsible authority may apply to a court to apply civil penalties to a contravention of a civil penalty provision. The offence of using or developing land in contravention of, or failing to comply with, a planning scheme, or a permit, or an agreement under section 173 is the specified civil penalty provision.
Penalty
The maximum civil penalty that may be imposed by a court is up to:
- 2,000 penalty units in the case of a natural person
- 10,000 penalty units in the case of a body corporate.
The option to seek a civil penalty order came into effect on 3 August 2026.
2026-2027 - Dollar amount
Up to $418,200 in the case of a natural person.
Up to $2,091,000 in the case of a body corporate.
Provision or offence
Without lawful excuse obstructing an authorised person, or a person assisting an authorised person, or member of the police force.
Penalty
60 penalty units.
2026-2027 - Dollar amount
$12,546
Provision or offence
Person who insults, assaults or obstructs a member of a panel, or misbehaves at a hearing; repeatedly interrupts a hearing or disobeys a direction of a panel.
Penalty
60 penalty units.
2026-2027 - Dollar amount
$12,546
Planning infringement notices
A planning infringement notice is a fast, straightforward method for dealing with minor contraventions relating to the use or development of land in contravention of a planning scheme, planning permit or agreement under section 173 of the Act.
The infringement system also provides the owner or occupier of land who has committed the offence a means of making amends for the offence without a conviction.
Under section 130 of the Act, if an authorised officer of a responsible authority has reason to believe that a person has committed an offence, the authorised officer may serve an infringement notice on that person.
Planning infringement notice penalty
A planning infringement notice may specify a time within which the penalty must be paid:
- In the case of a natural person the penalty is 5 penalty units.
- In the case of a body corporate the penalty is 10 penalty units.
The failure to pay the infringement penalty by the date specified in the infringement notice may result in further enforcement action being taken and further costs being incurred.
What can a planning infringement notice require?
In addition to requiring the payment of a penalty, a planning infringement notice may require additional steps to be completed to make amends for the offence (refer to section 130 of the Planning and Environment Act 1987).
These steps may include, but are not limited to:
- stopping the development or use of land that constituted the offence
- modifying the development or use of land that constituted the offence
- removing the development that constituted the offence
- preventing or minimising any adverse impacts of the use or development of land that constitutes the offence
- entering into an agreement under section 173 of the Planning and Environment Act 1987
- doing or omitting to do anything else in order to remedy the contravention.
What happens when a planning infringement notice is served?
A person served with an infringement notice can:
- choose to pay the penalty in full by the due date and take the additional steps required by the notice
- apply for an extension of time to pay the penalty
- apply to pay by instalments
- elect to have the matter of the infringement notice offence heard and determined in the Magistrates' Court (refer to section 16 of the Infringements Act 2006)
- apply to have the decision to serve the infringement notice internally reviewed by the responsible authority (refer to section 22 of the Infringements Act 2006 and regulation 8(f) of the Infringements Regulations 2016).
A person served with a planning infringement notice should inform the responsible authority if the additional steps required in the notice are completed before the required date. The responsible authority is required to confirm if the steps have been completed. This must be done without delay.
The authorised officer is then required to serve that person with a further notice stating whether or not the required steps have been taken (refer to section130(5), (6) of the Planning and Environment Act 1987).
Once the penalty has been paid and any additional steps specified in the notice have been undertaken, then no further action can be taken by the responsible authority. It is therefore important for a notice to state precisely what steps are needed, such as stopping, modifying or removing the development or use that constituted the offence.
Page last updated: 03/08/26