15Protection from offence against planning law

15 Protection from offence against planning law

(1)  The Minister may, by notice, declare that a person does not commit an offence against the Land Use Planning and Approvals Act 1993 in relation to an area of land specified in the notice, if –

(a) there is, or was, a state of emergency in effect, in relation to the disease, under the Emergency Management Act 2006 ; and

(b) in order for a requirement, direction or authorisation under the Emergency Management Act 2006 or the Public Health Act 1997 to be effectively implemented, or complied with, it is necessary for a development, or use, of the land, that, but for this section, would ordinarily require a permit or would not be authorised under the Land Use Planning and Approvals Act 1993 , to be authorised to be carried out.

(2)  If a notice under subsection (1) applies in relation to an area of land, the Land Use Planning and Approvals Act 1993 does not apply in relation to –

(a) the development, or use, of the land, that is specified in the notice; or

(b) the subsequent demolition of a structure to which the development or use applies.

(3)  If a notice under subsection (1) that applied in relation to an area of land is revoked, a development referred to in the notice is to be taken to have been, and to be, authorised under the Land Use Planning and Approvals Act 1993 and a planning scheme within the meaning of that Act, unless the Minister determines otherwise.