11Approval of alterations or additions—the Act, s 17

11 Approval of alterations or additions—the Act, s 17

11 Approval of alterations or additions—the Act, s 17

(1) A licensee must ensure that no alteration or addition is made to a ground to which the license relates unless the alteration or addition—

(a) is approved by the Minister, and

(b) is carried out in accordance with the conditions of the approval.

Maximum penalty—5 penalty units.

(2) An application for the approval of the Minister must—

(a) be sent to the chief executive, and

(b) include full particulars of the alteration or addition, and

(c) be accompanied by 3 copies of the plans and specifications for the ground, drawn to scale and showing the proposed alteration or addition in contrasting colours to the existing facilities.

(3) It is a condition of the approval that, before starting the alteration or addition, the licensee must, if required—

(a) obtain development consent for the alteration or addition, and

(b) give a copy of the development consent to the chief executive.

(4) A person must not be prosecuted under this section in relation to carrying out the alteration or addition if the person has been prosecuted under the Environmental Planning and Assessment Act 1979 for carrying out the alteration or addition without development consent.

(5) A person must not be prosecuted under subsection (1)(b) for carrying out the alteration or addition otherwise than in accordance with a condition of the approval of the Minister if—

(a) the person has been prosecuted under the Environmental Planning and Assessment Act 1979 for carrying out the alteration or addition otherwise than in accordance with a condition of the development consent, and

(b) the condition of the approval and the condition of the development consent are substantially to the same effect.