Planning, Development and Infrastructure Act 2016

If building work must be performed as a matter of urgency—

to protect any person or building; or

in any other circumstance of a prescribed kind, a person may, despite any other provision of this Act (but subject to subsection (2)), perform the building work.

If building work is undertaken under subsection (1)—

the person who undertakes the work must immediately notify the relevant authority in accordance with the regulations; and

if the work affects a State heritage place or a local heritage place, the work must, so far as is reasonably practicable, be undertaken to conserve its heritage value; and

the owner of the land on which the work is carried out must, as soon as practicable after the commencement of the work and in any event within the prescribed period, apply for the appropriate development authorisation under this Act; and

if that development authorisation is refused, the person who undertakes the work must, subject to any direction issued by a relevant authority, within a period specified by a relevant authority, ensure that any land or building affected by the work is reinstated, so far as is practicable, to the state or condition that existed immediately before the commencement of the work.

Maximum penalty: $60 000.