Development licences required for development activities
44 Development licences required for development activities
Pt 4.2 (Heading and ss 44–48) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
S. 44 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
A person must not engage in one or more of the following activities except as authorised by a development licence in respect of the activity—
the construction or installation of plant or equipment for a prescribed development activity;
the development of processes or systems for a prescribed development activity;
the modification, other than general maintenance, of plant, equipment, processes or systems for a prescribed development activity or of the operation of a prescribed development activity—
if the modification creates a risk of material harm to human health or the environment from pollution or waste; or
Penalty: In the case of a natural person, 2000 penalty units;
In the case of a body corporate, 10 000 penalty units.
Note
Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
Subsection (1) does not apply—
in respect of any action or thing the person takes or does to comply with—
a pilot project licence issued to the person that is in force in respect of the activity; or
an authorisation granted to the person under section 157 that is in force in respect of the activity; or
an exemption granted to the person under section 80(1) that is in force in respect of the activity; or
requirements specified under section 48(a) in respect of the activity; or
in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or
if a prescribed exemption applies to the person.
An offence under subsection (1) is an indictable offence.
Note
This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).
This provision refers to the regulations (prescribed circumstances
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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