166 Exemptions if emergency causing safety concern
(1) This section applies to works, development or a use (an
"activity" ) carried out because an emergency endangers—
(a) a person’s
life or health; or
(b) a building’s structural safety; or
(c) the
operation or safety of infrastructure, other than a building; or
(d) for
tidal works—the structural safety of a structure for which there is a
development permit for operational work that is tidal works.
(2) A person
who, in an emergency, is carrying out necessary operational work that is tidal
works does not commit a development offence, other than an offence against
section 162, if the person—
(a) has made a safety management plan for the
works, after considering—
(i) the long-term safety of members of the public
who have access to the works or a structure to which the works relate; and
(c)
gives a copy of the plan to the enforcement authority as soon as reasonably
practicable after starting the works; and
(d) takes reasonable precautions
and exercises proper diligence to ensure the works or a structure to which the
works relate are in a safe condition, including by engaging a
registered professional engineer to audit the works or structure.
(3) A
person who, in an emergency, is carrying out necessary building work on a
Queensland heritage place, or local heritage place, does not commit a
development offence, other than an offence against section 162, if the
person—
(a) gets the advice of a registered professional engineer about the
works before starting the works, unless it is not practicable to do so; and
(b) takes all reasonable steps—
(i) to ensure the works are reversible; or
(ii) if the works are not reversible—to minimise the impact of the works on
the place’s cultural heritage significance.
(4) A person who, in an
emergency, is carrying out any other necessaryactivity does not commit a
development offence if the person gives notice that the person has been
carrying out the activity, as soon as reasonably practicable after starting
the activity, to—
(a) the enforcement authority; and
(b) a person who must
be given notice of the activity under another Act.
(5) Subsections (2) , (3)
and (4) stop applying to a person carrying out an activity if an
enforcement notice or order requires the activity to stop.
(6) Subsections
(2) and (3) stop applying to a person carrying out the activity if—
(a) the
person does not, as soon as reasonably practicable after starting the
activity—
(i) make a development application that, but for the exemption,
would be required for the activity; and
(ii) give a notice of a type
mentioned in subsection (4) ; or
(b) the person complies with paragraph (a) ,
but the person’s development application is refused.
(7) If the person’s
development application is refused, the person must restore, as far as
practicable, premises to the condition the premises were in immediately before
the activity was carried out.
Penalty—
Maximum penalty—4,500 penalty
units.
(8) In this section—
"emergency" means an event or situation that involves an imminent and definite
threat requiring immediate action (whether before, during or after the event
or situation), other than routine maintenance due to wear and tear.
Example of
an action not done because of an emergency—
the carrying out, in winter, of
a use or of building or operational work in anticipation of the next cyclone
season
"necessary" , in relation to an activity, means the activity is necessary to
ensure the emergency does not, or is not likely to, endanger someone or
something stated in subsection (1) (a) to (d) .
