60Authority to be notified of development for which consent not required

60 Authority to be notified of development for which consent not required

60 Authority to be notified of development for which consent not required

(1) A person shall not, after the final date referred to in subsection (2) of section 10, and applicable to any land, commence to carry out, on or in relation to that land, any development for which a development consent is not required under the provisions of the Local Government Act 1919, or of any planning scheme or interim development order unless before doing so the person has notified the Authority in writing of his or her intention to do so.

Maximum penalty: 20 penalty units.

(2) Subsection (1) does not apply so as to require a person to notify the Authority of his or her intention to commence to carry out development where, were a development consent required to enable the development to be lawfully carried out, no contribution would be payable as a consequence of the granting of that development consent.

(3) When a council’s approval (not being a development consent) is, under the provisions of any Act, ordinance or regulation, required before a person commences to carry out any development as referred to in subsection (1) and is given (whether or not subject to conditions), the council shall, within fourteen days after giving the approval, notify the Authority in writing that it has done so.

(4) Where:

(a) the Authority receives a notification referred to in subsection (1) relating to any development or, without having received such a notification, receives a notification referred to in subsection (3) relating to that development, or

(b) any development, notification of which is required to be given to the Authority under subsection (1), is commenced without any such notification, or notification under subsection (3) relating to the development, having been received by the Authority,

a development consent shall, for the purposes of this Act, be deemed to have been granted on the date on which the notification was received by the Authority or the development was commenced to be carried out, as the case may be, in respect of the land on which the development referred to in the notification is proposed to be carried out or on which the development was commenced to be carried out, as the case may be.

s 60: Am 1992 No 112, Sch 1.