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s 38

No development orders

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Part 7Miscellaneous

38 No development orders

(1)

If the owner of a place is convicted of an offence against section 30 or 36 the

Court may, in addition to imposing a penalty for the offence, order that no development of the place may be undertaken during a period (not exceeding 10 years) fixed by the Court except for the purpose of making good any damage caused through the commission of the offence or restoring or maintaining the heritage significance of the place.

(2)

Before making an order under this section the Court must give—

(a)

any person with a registered interest in the land constituting the place; and

(b)

if the land is within the area of a local council—the local council, a reasonable opportunity to make submissions on whether the order should be made and, if made, the term of the order.

(3)

A person must not undertake development contrary to this section.

Maximum penalty:

(a)

in the case of a body corporate—$1 000 000;

(b)

in the case of an individual—$500 000.

(3a)

In relation to a part of the State that is not within the area of a council, a reference in this section to—

(a)

a local council will be taken to be a reference to the Outback

Communities Authority established under the Outback

Communities (Administration and Management) Act 2009;

and

(b)

the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback

Communities (Administration and Management) Act 2009).

(4)

In this section—

development has the same meaning as in the Planning,

Development and Infrastructure Act 2016.

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