Stop Orders

Stop Orders (PDF, 160 KB) are issued where the Board considers it expedient in the interests of public health, public safety or the integrity of the environment that a breach of planning control should cease before the expiry of the period for compliance with a compliance notice, the Board may, at the same time serve a copy of the compliance notice or afterwards, being at any time before the specified date in the compliance notice, serve an order (in this Act referred to as a 'stop order') to stop the breach.

A stop order shall refer to, and have annexed to it, a copy of the compliance notice to which it relates and shall prohibit any person on whom the stop order is served from carrying out or continuing any specified activities on the land, being activities either alleged in the compliance notice to constitute a breach of planning control or so closely associated therewith as to constitute Suspension of effect of compliance notice.

substantially the same activities, and shall direct that person to immediately cease and desist from the activities prohibited.

The activities which may be the subject of a stop order shall include the deposit of refuse or waste materials on land or causing environmental damage or actions affecting the health or safety of persons where such action is a breach of planning control alleged in the compliance notice.

A stop order shall:

  • take effect from the date of its service;
  • (b) without prejudice to subsection (8) cease to have effect when:
    • the compliance notice to which it relates is withdrawn or quashed;
    • the compliance period expires;
    • notice of the withdrawal of the stop notice is served under subsection

If a person on whom a stop order is served carries out, or causes or permits to be carried out, any operations prohibited by the order, he commits an offence and is liable on summary conviction to a fine of forty thousand dollars ($40,000) and if the offence is continued after conviction he shall be liable to a further fine. Act No.5 of 2002, Section 40.

You may also want to view a sample Stop Order (PDF, 164 KB).

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