Illegal earthworks undertaken by a Brisbane-based earth moving contractor has resulted in a $25,000 fine imposed by the Caloundra Magistrates Court (July 10, 2018).
Sunshine Coast Council successfully prosecuted the contractor following community complaints regarding dust pollution occurring at the Saltair Street, Kings Beach premises.
Council investigations revealed that the contractor had undertaken significant bulk earthworks without the necessary operational works development permits in place.
Council officers advised the contractor about a number of options to explore to ensure compliance with the Planning Act 2016 and directed the contractor to immediately cease work until all necessary development permits had been obtained.
However, the contractor continued to operate unlawfully.
Council officers subsequently issued a penalty infringement notice to the value of $12,615.
The contractor appealed the penalty infringement notice but on the day of the hearing, pleaded guilty for the offence and a conviction was also recorded, as well as the issuing of a fine of $25,000 plus court costs.
It’s important to note that council investigates all complaints relating to breaches of the Planning Act 2016 and the Sunshine Coast Planning Scheme 2014.
As proven by this case, there are serious consequences for contractors and developers that do not follow the correct legislative process and council will pursue enforcement action against those who disregards these laws.