Implementation of stage of development otherwise than as indicated in scheme statement
65 Implementation of stage of development otherwise than as indicated in scheme statement
(1) This section applies if:
(a) a scheme is intended to be developed progressively; and
(b) the developer proposes to implement a stage of the development otherwise than as indicated in the scheme statement.
(2) Without limiting subsection (1)(b), the implementation of a stage of the development is otherwise than as indicated in the scheme statement if:
(a) the stage is not specified in the statement; or
(b) the stage will not be implemented in the order specified in the statement; or
(c) the implementation will affect or change the nature or purposes of the development otherwise than as specified in the statement; or
(d) the implementation will involve a further subdivision or consolidation of land not specified in the statement.
(3) The developer must give written notice of the implementation of the stage to the following at least 1 month before applying for the development permit or exceptional development permit for the implementation:
(a) the body corporate;
(b) anyone who has entered into a contract with the developer to buy a unit that will come into existence as a result of the implementation of the stage, or a later stage, of the development.
Fault element: Strict liability offence.
Maximum penalty: 100 penalty units.
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