Compliance

Compliance

As all development is regulated by State and Federal Government laws, Council’s compliance procedures are a necessary part of managing development in the Western Downs.

Our compliance team helps to prevent development from occurring without the appropriate permits in place and assists developers in maintaining their projects to a lawful standard after a development approval has been obtained.

Complying with Conditions

 Most Development Permits are issued by Western Downs Regional Council with ‘conditions’ to ensure the development results in a good land use outcome and aligns with the approved use of the land. These conditions must be complied with in order for the development to be deemed lawful.

As a Development Permit attaches to the land where the development takes place, the responsibility of complying with conditions falls to the owner of the property.

One of the key responsibilities of our compliance team is investigating and enforcing compliance with Development Permit conditions.

Making a Levee

 Under the Water Act 2000, a levee is defined as ‘an artificial embankment or structure which prevents or reduces the flow of overland flow water onto or from land’. A levee also includes levee-related infrastructure, which is defined as infrastructure that is:

  • connected with the construction or modification of the levee; or
  • used in the operation of the levee to prevent or reduce the flow of overland flow water onto or from land.

If you wish to construct a levee, you may need to obtain approval from Council or the Queensland State Government Department of Natural Resources, Mines and Energy. See the following links or Contact Council today to find out more.

Constructing and Modifying Levee Banks – Queensland State Government

Guidelines for the Construction or Modification of Category 2 or 3 Levees

Unlawful Development

‘Unlawful development’ is any development that takes place without the necessary Development Permits, or any development that does not comply with the conditions of an existing Development Permit.

Contact Council if you are aware of unlawful development that has taken place and wish to report it. Additionally, our compliance team is available to support developers and/or land owners in ensuring their development complies with the provisions of their Permit/s.

Inspections

The purpose of inspections is to ensure that development work has been carried out in accordance with the approved permit, plans and standards.

When a building permit is given, certain mandatory inspections must be carried out at specified stages by a building certifier. These inspections are listed in the approval issued by the certifier.

Other types of inspections include inspections to determine compliance with the conditions of an approval for Material Change of Use of premises, as well as inspections relating to approvals to carry out Operational Works. These are carried out by Council’s compliance team and engineering team.

Penalty Infringement Notices (PIN’s)

A Penalty Infringement Notice is a fine which can be issued where a person has undertaken development without the necessary permit from Council or where compliance with conditions of a permit has not been achieved and the land use activity has commenced.