PLANNING ACT 2016 - SECT 274 Restriction on legal proceedings

PLANNING ACT 2016 - SECT 274

274 Restriction on legal proceedings

(1) This section applies to an affected person’s claim that another person’s act or omission in carrying out an activity of a type stated in section 267 (1) (a) at registered premises is, was or will be an unreasonable interference, or likely interference, with an environmental value.

(2) Despite any other Act, the affected person may not take civil proceedings for nuisance, or criminal proceedings relating to a local law, against a person in relation to the claim if the following have been complied with for the act or omission—

(a) the development approval for the registered premises;

(b) an environmental authority applying to the act or omission.

(3) However, this section does not apply if—

(a) a new or amended authority starts to apply for the registered premises; and

(b) the new or amended authority authorises greater emissions than the original authority of the same type for the premises.

(4) In this section—


"affected person" means the owner, occupier or lessee of premises that are, or were, the subject of an affected area development application—

(a) made after the commencement; or

(b) made before the commencement for which a decision notice had not been given before the commencement; or

(c) for premises for which—

(i) a development approval has been given for the application before the commencement; and

(ii) a certificate of occupancy had not been given under the Building Act , before the commencement.

"environmental value" means an environmental value under the Environmental Protection Act .


"new or amended authority" , for registered premises, means—

(a) a new development approval or a new environmental authority authorising the carrying out of an environmentally relevant activity under the Environmental Protection Act on the premises; or

(b) an amendment to the development approval for, or new environmental authority applying to, the premises; or

(c) a new environmental authority applying to the premises; or

(d) an amendment to an environmental authority applying to the premises.

"original authority" , for registered premises, means the following in effect when the premises were first registered—

(a) the registration;

(b) the development approval for the premises;

(c) an environmental authority applying to the activity on the premises.