Land Use Planning and Approvals Act 1993
63Obstruction of sealed schemes
Start here
Get a plain-English read of 63
Turn the raw legal text into a practical explanation grounded in Land Use Planning and Approvals Act 1993.
63 Obstruction of sealed schemes
(1) [Section 63 Subsection (1) omitted by No. 104 of 1995, s. 26 ]. . . . . . . .
(2) *[Section 63 Subsection (2) amended by No. 104 of 1995, s. 26 ]*A person must not use land in a way, or undertake development or do any other act, that –
(a) [Section 63 Subsection (2) amended by No. 47 of 2015, s. 28, Applied:17 Dec 2015] is contrary to a State Policy or a planning scheme; or
(b) [Section 63 Subsection (2) amended by No. 47 of 2015, s. 28, Applied:17 Dec 2015] impedes or obstructs the execution of any such scheme; or
(c) [Section 63 Subsection (2) amended by No. 43 of 2009, s. 12, Applied:01 Jan 2010] [Section 63 Subsection (2) amended by No. 47 of 2015, s. 28, Applied:17 Dec 2015] 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) [Section 63 Subsection (2) amended by No. 43 of 2009, s. 12, Applied:01 Jan 2010] [Section 63 Subsection (2) amended by No. 21 of 2020, s. 13, Applied:28 Oct 2020] 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 –