Author: Andrew George
Practice area: public order offences
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Owner Land Fails to Comply With Any Planning Scheme?
This offence applies where a landowner breaches statutory planning controls governing the use or development of land in Victoria. It concerns non-compliance with legally binding planning obligations imposed under the Planning and Environment Act 1987.
Key points
- Legislation: Sections 126(2)(a) and 126(2)(b) of the Planning and Environment Act 1987.
- Prohibited conduct: Contravening or failing to comply with a planning scheme, permit, or section 173 agreement.
- Court jurisdiction: Magistrates’ Court.
The maximum penalty for Owner Land Fails to Comply With Any Planning Scheme is 1200 penalty units ($250,920.00 as at 2026–27), with a further penalty of up to 60 penalty units ($12,546.00 as at 2026–27) for each continuing day after conviction.
Common defences may include no applicable planning scheme, permit or section 173 agreement; no contravention in fact; honest and reasonable mistake of belief.
Have you been accused of Owner Land Fails to Comply With Any Planning Scheme?
Council Interview
It is important to know what to do if contacted by the local council to attend an interview in relation to this charge. You will most likely have questions such as; what can I expect? What will the council want to ask me? What will happen after the interview? What kind of evidence do they need? A criminal lawyer will be able to answer these questions for you, put your mind at ease, and ensure that you don’t do anything which could jeopardize your case.
Pleading Not Guilty
If you are pleading not guilty to this charge it will be important to carefully analyze the evidence the prosecution present, to determine what the best strategy for success will be. Your lawyer will need to ascertain who the agreement between? What were the terms of the agreement? What was the scope of the permit? We are expert lawyers who will work closely with you to find the best pathway for your case.
Our lawyers also involve adequately qualified experts who can assist you defend this charge.
Pleading Guilty
Our lawyers regularly appear in higher courts across Melbourne and interstate. We understand the gravity of a guilty plea to murder and are committed to achieving the most favourable sentencing outcome possible. Our team takes the time to understand your perspective and instructions, gathering all relevant materials and reports to ensure the court is fully informed about your background and personal circumstances. We are dedicated to our clients and work tirelessly to secure the best possible results.
Sentencing
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Planning and Environment Act 1987 (Vic) s 126(2)(b) — 105 charges across 59 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 85.7% |
| Adjourned Undertaking | 13.3% |
| Community Correction Order | 1.0% |
The data indicates that this offence is primarily treated as a regulatory breach and is most often resolved through financial penalties rather than more serious sanctions. When determining sentence, the court will consider the nature of the breach, any benefit obtained and whether steps have been taken to rectify the issue. Early legal advice can assist in managing the matter effectively.
Which court will the case be heard in?
This charge is heard in the Magistrates’ Court.
What is the legal definition of Owner Land Contravenes or Fails to Comply With Any Planning Scheme?
The legal definition of this offence is:
- The owner of any land is guilty of an offence if—
- the land is used or developed in contravention of a planning scheme, a permit or an agreement under section 173; or
- there is any failure to comply with any planning scheme, permit or agreement under section 173 applying to the land.
Examples of Owner Land Contravenes or Fails to Comply With Any Planning Scheme
- An owner develops their land in contravention of a planning scheme
- An owner uses their land in a way that fails to comply with a section 173 agreement
- An owner fails to comply with a permit applying to the land
Elements of the offence
To prove this offence the prosecution must establish:
- The accused person is the owner of the land
- There was a planning scheme, permit or agreement under section 173 in existence
- The owner contravened or failed to comply with the planning scheme, permit or agreement under section 173
Element 1: The accused person is the owner of the land
The ‘owner’ of land is defined in the Act as follows:
- in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and
- in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and
- in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means—
- in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—
- the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land
- the Minister administering the Crown Land (Reserves) Act 1978
- in any other case, the Minister administering the Crown Land (Reserves) Act 1978; and
- in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—
- in relation to any other Crown land, means—
- in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—
- the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land
- the Minister or public authority that manages or controls the land
- in any other case, the Minister or public authority that manages or controls the land
- in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—
The concept of land ownership is complex and best discussed with a lawyer. If an accused person is the owner of land according to the above definition, the first element of the offence will be satisfied.1
Element 2: There was a planning scheme, permit or agreement under s 173 in existence
To satisfy the second element of this offence there must be a planning scheme, permit or agreement under section 173 in existence.
The existence of a planning scheme is proven by the production of a properly certified copy of the planning scheme. A properly certified copy of a planning scheme must be certified by the Secretary to the Department of Environment, Land, Water and Planning or the secretary the responsible authority to be a true copy of the planning scheme.2
A permit includes any plans, drawings or other documents approved under a permit.3
A section 173 agreement is an agreement between the owner of the land and a responsible authority. The agreement must relate to an area of land covered by a planning scheme for which the responsible authority is the responsible authority.4 A responsible authority may enter into the agreement on its own, or jointly with another person or body.5 A responsible authority may enter into the agreement with a person in anticipation of that person becoming the owner of the land.6
If there is a valid planning scheme, permit or section 173 agreement in existence, then the second element of this offence will be satisfied.
Element 3: The owner contravened or failed to comply with the planning scheme, permit or agreement under s 173
The third and final element of this offence is that the owner contravened or failed to comply with the planning scheme, permit or section 173 agreement.
Whether or not an owner contravenes or fails to comply a planning scheme, permit or section 173 agreement is a question of fact that will depend on the details of the planning scheme, permit or section 173 agreement in question.
Legislation
The relevant legislation for this offence is sections 126(2)(a) and 126(2)(b) of the Planning and Environment Act 1987.
Defences
Defences to this charge are ordinarily based on some element of the offence not being made out. These defences include:
- No relevant planning scheme, permit or section 173 agreement existed.
- The owner did not use or develop their land in contravention of a planning scheme, permit or section 173 agreement.
- The owner did not fail to comply with a planning scheme, permit or section 173 agreement applying to the land.
Another common defence to this charge is honest and reasonable mistake of belief.
Questions in cases like this
- Did the accused person own the land in question?
- Did the accused person contravene a planning scheme, permit or a section 173 agreement?
- Did the accused person fail to comply with a planning scheme, permit or a section 173 agreement?
As with any criminal offence, whether or not someone should plead guilty to this charge depends on the specific features of their case.
Maximum penalty for sections 126(2)(a) and 126(2)(b) of the Planning and Environment Act 1987
The offence of Owner Land Fails to Comply With Any Planning Scheme (s126(2)(a) and s126(2)(b) of the Planning and Environment Act 1987) carries a maximum penalty of 1200 penalty units ($250,920.00 as at 2026–27).7
If the contravention or failure to comply is of a continuing nature, a further penalty of not more than 60 penalty units ($12,546.00 as at 2026–27) for each continuing day after conviction may be imposed.8
The Department of Treasury and Finance reviews and updates the value of a penalty unit on 1 July each year.9 As such, the maximum fine for this offence is liable to change.
Other important resources
- SAC Statistics – Planning And Environment Act 1987 (Vic) : s 126(2)(b) – landowner fails to comply with any planning scheme, permit or agreement under s173
- SAC Statistics – Planning And Environment Act 1987 (Vic) : s 126(2)(b) – landowner contravenes any planning scheme, permit or agreement under s173
FAQ about Owner Land Fails to Comply With Any Planning Scheme
What is a section 173 agreement in Victorian planning law?
Who can be considered an “owner” for the purposes of this offence?
Does this offence apply to Crown land?
Can a planning agreement be made before someone becomes the owner?
How is the value of a penalty unit determined?
[1] Planning and Environment Act 1987 (Vic) s 3.
[2] Planning and Environment Act 1987 (Vic) s 140.
[3] Planning and Environment Act 1987 (Vic) s 3.
[4] Planning and Environment Act 1987 (Vic) s 173(1).
[5] Planning and Environment Act 1987 (Vic) s 173(2).
[6] Planning and Environment Act 1987 (Vic) s 173(3).
[7] Planning and Environment Act 1987 (Vic) s 127(a).
[8] Planning and Environment Act 1987 (Vic) s 127(b).
[9] See http://www.justice.vic.gov.au/home/justice+system/fines+and+penalties/penalties+and+values/
