119No use or development permitted under permit if application

119 No use or development permitted under permit if application for review (1) Subject to this Act, if an application for a review is made in relation to the issue of a development permit, the holder of the permit must cease all conduct under the permit until the application is determined by the Tribunal. (a) the person holds a development permit; and (b) an application for a review is made in relation to the issue of the development permit; and (c) the person intentionally engages in conduct; and

Planning Act 1999 137 (d) the conduct results in the use or development of land in accordance with the permit and the person is reckless in relation to that circumstance. Default penalty: 2 penalty units. (3) Strict liability applies to subsection (2)(a) and (b). (4) It is a defence to a prosecution for an offence against subsection (2) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.