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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 63

Division 4 - Offences, remedies, &c. Obstruction of sealed schemes

(1)  .  .  .  .  .  .  .  .  
(2)  A person must not use land in a way, or undertake development or do any other act, that –
(a) is contrary to a State Policy or a planning scheme; or
(b) impedes or obstructs the execution of any such scheme; or
(c) constitutes a breach of a condition or restriction of a permit imposed by a planning authority pursuant to any such scheme or a determination of the Appeal Tribunal; or
(d) constitutes a breach of section 60S(1) or of a condition or restriction imposed under section 60ZZP , as amended or corrected, if at all, under section 60ZZW , 60ZZY or 60ZZZ , on a major project permit granted in relation to the land.
(3)  A person who contravenes subsection (2) is guilty of an offence punishable, on summary conviction, in accordance with subsection (4) .
(4)  A person convicted of an offence against subsection (3) is liable to a fine not exceeding 500 penalty units, and a person who is so convicted in respect of a continuing contravention of subsection (2) –
(a) is liable, in addition to the penalty otherwise applicable to that offence, to a fine for each day during which the contravention continued of not more than 50 penalty units; and
(b) if the contravention continues after the person is convicted, is guilty of a further offence against subsection (3) and is liable, in addition to the penalty otherwise applicable to that further offence, to a fine for each day during which the contravention continued after that conviction of not more than 50 penalty units.
(5)  If a person is convicted of an offence against subsection (3) , the court may order the person to pay to the planning authority the reasonable costs incurred by the authority in investigating the offence or prosecuting the offence, or both.
(5A)  If a person is convicted of an offence against subsection (3) , the court may order that –
(a) the person is required to carry out, within the period specified in the order, work specified in the order; and
(b) if the person does not carry out the work within that period and the relevant planning authority carries out the work under subsection (5C) , the person is liable to the planning authority for the reasonable costs incurred by the authority in carrying out the work.
(5B)  The work that may be specified in an order under subsection (5A) in relation to a person is work that will ensure that a use or development carried out by the person is in accordance with the relevant planning scheme, permit, major project permit or determination.
(5C)  If a court makes an order of a kind referred to in subsection (5A) in relation to a person and the person does not, within the period specified in the order, carry out the work specified in the order, the relevant planning authority may carry out the work.
(6)  The application of subsection (2) extends in relation to a permit or a condition or restriction attaching to a permit under a planning scheme where the scheme was in force immediately before the commencement of this Act and notwithstanding that the permit or the condition or restriction, if any, was imposed before that commencement.
(7)  Nothing in subsection (6) is to be construed as rendering unlawful any use or development that was completed pursuant to a permit in force before the commencement of this Act.



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