66Minister may revoke or modify permit

66 Minister may revoke or modify permit (1) Subject to this section, the Minister may, by notice in the Gazette, revoke or modify a development permit. (2) The Minister must not revoke or modify a development permit unless the Minister has: (a) served notice in writing, in the approved form, on: (i) the owner or occupier of the land; or (ii) the person apparently using or developing the land, of the proposal to revoke or modify the permit; (b) required the Chair to carry out an inquiry under section 144; and (c) considered the report provided under section 144. (3) Before making its report, the Chair or person appointed under section 144(2) to conduct the inquiry must give the persons on whom the notice under subsection (2) was served an opportunity to be heard in relation to the proposed report. (4) As soon as practicable after receiving the report under section 144, the Minister must decide whether or not to revoke or modify the (5) The Minister must notify, in writing, the persons served with a notice under subsection (2)(a) of the decision made under subsection (4). (6) A person commits an offence if: (a) the person is served with a notice under subsection (2)(a); and (b) the person intentionally continues to use or develop the land; and

Planning Act 1999 84 (c) the use or development is only permitted under the permit referred to in the notice. Default penalty: 2 penalty units. (6A) Strict liability applies to subsection (6)(a) and (c). (6B) It is a defence to a prosecution for an offence against subsection (6) if: (a) the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence; or (b) the conduct occurred after the person received a notice under subsection (5) that the Minister decided not to revoke or modify the permit. (7) A person commits an offence if: (a) a permit is modified under subsection (4); and (b) the person is served with a notice under subsection (5) that the permit was modified; and (c) the person intentionally continues to use or develop the land; and (d) the use or development is not permitted under the permit as modified. (7A) Strict liability applies to subsection (7)(a), (b) and (d). (7B) It is a defence to a prosecution for an offence against subsection (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence. (8) After receiving notice under subsection (6) that the Minister has decided not to revoke or modify a permit, an applicant may use or develop the land to which the permit relates, under and in accordance with the permit.

Planning Act 1999 85