sec.88BCarrying out particular development without resource allocation authority

### sec.88B Carrying out particular development without resource allocation authority This section applies to— the following development categorised as assessable development under a regulation made under the Planning Act — building work in a declared fish habitat area; making a material change of use of premises for aquaculture; operational work completely or partly within a declared fish habitat area; and development categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce. A person must not carry out the development unless the person also holds a resource allocation authority for the development. Maximum penalty— for development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or for development mentioned in paragraph (a) (ii) —1,665 penalty units. Subsection (2) does not apply to a person if— the person starts development because of an emergency endangering— the life or health of a person; or the structural safety of a building; and the person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and the person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act . In this section— dead marine wood means a branch or trunk that— is a part of a dead marine plant; or was a part of a marine plant. relevant person , for development, means— the chief executive; and if the development is assessable development—the person who would be the assessment manager if a development application were made for the development. s 88B ins 2003 No. 82 s 33 amd 2006 No. 28 s 3 sch; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 253 sub 2024 No. 17 s 169 (uncommenced amendment) _____ ss 88C–88D ins 2024 No. 17 s 169 (uncommenced amendment) (sec.88B-ssec.1) This section applies to— the following development categorised as assessable development under a regulation made under the Planning Act — building work in a declared fish habitat area; making a material change of use of premises for aquaculture; operational work completely or partly within a declared fish habitat area; and development categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce. (sec.88B-ssec.2) A person must not carry out the development unless the person also holds a resource allocation authority for the development. Maximum penalty— for development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or for development mentioned in paragraph (a) (ii) —1,665 penalty units. (sec.88B-ssec.3) Subsection (2) does not apply to a person if— the person starts development because of an emergency endangering— the life or health of a person; or the structural safety of a building; and the person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and the person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act . (sec.88B-ssec.4) In this section— dead marine wood means a branch or trunk that— is a part of a dead marine plant; or was a part of a marine plant. relevant person , for development, means— the chief executive; and if the development is assessable development—the person who would be the assessment manager if a development application were made for the development. - (a) the following development categorised as assessable development under a regulation made under the Planning Act — (i) building work in a declared fish habitat area; (ii) making a material change of use of premises for aquaculture; (iii) operational work completely or partly within a declared fish habitat area; and - (i) building work in a declared fish habitat area; - (ii) making a material change of use of premises for aquaculture; - (iii) operational work completely or partly within a declared fish habitat area; and - (b) development categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce. - (i) building work in a declared fish habitat area; - (ii) making a material change of use of premises for aquaculture; - (iii) operational work completely or partly within a declared fish habitat area; and - (a) for development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or - (b) for development mentioned in paragraph (a) (ii) —1,665 penalty units. - (a) the person starts development because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and - (i) the life or health of a person; or - (ii) the structural safety of a building; and - (b) the person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and - (c) the person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act . - (i) the life or health of a person; or - (ii) the structural safety of a building; and - (a) is a part of a dead marine plant; or - (b) was a part of a marine plant. - (a) the chief executive; and - (b) if the development is assessable development—the person who would be the assessment manager if a development application were made for the development.