PLANNING (URBAN ENCROACHMENT--MILTON BREWERY) ACT 2009 No. 1 - SECT 8 8 Restrictions on particular legal proceedings

PLANNING (URBAN ENCROACHMENT--MILTON BREWERY) ACT 2009 No. 1 - SECT 8

(1) This section applies to a claim by an affected person that--

(a) a relevant act at the Milton Brewery is, was or will be an unreasonable interference, or likely interference, with an environmental value; and

(b) the relevant act was, or was caused by, the emission of aerosols, fumes, light, noise, odour, particles or smoke.

(2) The affected person can not take a civil proceeding or a criminal proceeding relating to a local law against any person in relation to the claim if--

(a) the following have been complied with for the relevant act--

(i) the development conditions of the brewery development approval;

(ii) any code of environmental compliance applying to the relevant act; and

(b) if the relevant act was, or caused, the emission of light--the emission was no more than the intensity of light emitted at any time before the commencement of this section.

(3) Subsection (2) applies despite the Environmental Protection Act 1994 or any other Act.

(4) This section does not apply if--

(a) either--

(i) the brewery development approval or brewery registration certificate is amended (an amended authority); or

(ii) a new development approval or registration certificate is given authorising the carrying out of a chapter 4 activity at the Milton Brewery (a new authority); and

(b) the amended authority or new authority authorises greater emissions of light or noise, or a greater release of contaminants into the atmosphere, at the Milton Brewery than is authorised under the brewery development approval, or brewery registration certificate, in force at the commencement of this section.

(5) In this section--

affected person--

(a) means the owner, occupier or lessee of premises if the premises is the subject of a relevant development application for a material change of use of the premises or reconfiguring a lot on which the premises is situated; and

(b) includes the owner's successors in title.

relevant act means an act or omission of a person in carrying out a chapter 4 activity under the brewery development approval or brewery registration certificate.