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Environment Protection Act 2017
44Development licences required for development activities
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44 Development licences required for development activities
(1) A person must not engage in one or more of the following activities except as authorised by a development licence in respect of the activity—
(a) the construction or installation of plant or equipment for a prescribed development activity;
(b) the development of processes or systems for a prescribed development activity;
(c) the modification, other than general maintenance, of plant, equipment, processes or systems for a prescribed development activity or of the operation of a prescribed development activity—
(i) if the modification creates a risk of material harm to human health or the environment from pollution or waste; or
(ii) in prescribed circumstances.
Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
(iii) an exemption granted to the person under section 80(1) that is in force in respect of the activity; or
(iv) requirements specified under section 48(a) in respect of the activity; or
(b) in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or
S. 45 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).