Carrying out prescribed declared fish habitat area development without resource allocation authority
88B Carrying out prescribed declared fish habitat area development without resource allocation authority
A person must not carry out prescribed declared fish habitat area development unless the person holds a resource allocation authority for interfering with the declared fish habitat area to which the development relates. Maximum penalty—3,000 penalty units.
Subsection (1) does not apply to a person for carrying out prescribed declared fish habitat area development if—
the person starts the development because of an emergency endangering—
the life or health of a person; or
the structural safety of a building; and
as soon as practicable after starting the development, the person gives written notice of the development to each relevant person for the development; and
the person is not required to stop carrying out the development by an enforcement notice or enforcement order under the Planning Act.
In this section—relevant person, for prescribed declared fish habitat area development, means each of the following—
the chief executive;
the person who would be the assessment manager if a development application were made for the development.
This Act’s bill:Explanatory memorandum
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