Schedule 5, Paragraphs 6 and 7: Compensation Part 8: Enforcement Section 161: Offence: breach of terms of order granting development consent
264.This section provides that a person commits an offence if without reasonable excuse he carries out development in breach of the terms of an order granting development consent or if he does not comply with the terms of such a consent. There are two exceptions to this offence: a person does not commit an offence under this section for failing to comply with the terms of any consent under the Coast Protection Act 1949 (CPA) or licence under the Food and Environmental Protection Act 1972 (FEPA) that is deemed to be granted or issued by a development consent order. This is because the CPA and FEPA have separate enforcement regimes. A person has a defence if the breach or failure occurred because of an error or omission in the order, which was subsequently corrected through the mechanism in Schedule 4. A person who is found guilty of this offence is liable to a fine. The provisions regarding the level of the fine match those under section 160.