FISHERIES ACT 1994 - SECT 88B
Carrying out particular development without resource allocation authority
FISHERIES ACT 1994 - SECT 88B
Carrying out particular development without resource allocation authority
88B Carrying out particular development without resource allocation authority
(1) This section applies to—
(a) the following development categorised as
assessable development under a regulation made under the Planning Act —
(i)
building work in a declared fish habitat area;
(ii) making a material change
of use of premises for aquaculture;
(iii) operational work completely or
partly within a declared fish habitat area; and
(b) development categorised
as accepted development under a regulation made under the Planning Act that is
operational work that is the removal, destruction or damage of a marine plant
if the removal, destruction or damage is of dead marine wood on unallocated
State land for trade or commerce.
(2) A person must not carry out the
development unless the person also holds a resource allocation authority for
the development.
Penalty—
Maximum penalty—
(a) for development
mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or
(b)
for development mentioned in paragraph (a) (ii) —1,665 penalty units.
(3)
Subsection (2) does not apply to a person if—
(a) the person starts
development because of an emergency endangering—
(i) the life or health of a
person; or
(ii) the structural safety of a building; and
(b) the person
gives, as soon as practicable after starting the development, written notice
of the development to the relevant person for the development; and
(c) the
person is not required to stop carrying out the development by an enforcement
notice or order under the Planning Act .
(b) if the development is assessable development—the person who would be the
assessment manager if a development application were made for the development.
