sec.166Exemptions if emergency causing safety concern

### sec.166 Exemptions if emergency causing safety concern This section applies to works, development or a use (an activity ) carried out because an emergency endangers— a person’s life or health; or a building’s structural safety; or the operation or safety of infrastructure, other than a building; or for tidal works—the structural safety of a structure for which there is a development permit for operational work that is tidal works. A person who, in an emergency, is carrying out necessary operational work that is tidal works does not commit a development offence, other than an offence against section 162 , if the person— has made a safety management plan for the works, after considering— the long-term safety of members of the public who have access to the works or a structure to which the works relate; and if practicable, the advice of a registered professional engineer who has audited the works or structure; and complies with the plan; and gives a copy of the plan to the enforcement authority as soon as reasonably practicable after starting the works; and takes reasonable precautions and exercises proper diligence to ensure the works or a structure to which the works relate are in a safe condition, including by engaging a registered professional engineer to audit the works or structure. A person who, in an emergency, is carrying out necessary building work on a Queensland heritage place, or local heritage place, does not commit a development offence, other than an offence against section 162 , if the person— gets the advice of a registered professional engineer about the works before starting the works, unless it is not practicable to do so; and takes all reasonable steps— to ensure the works are reversible; or if the works are not reversible—to minimise the impact of the works on the place’s cultural heritage significance. A person who, in an emergency, is carrying out any other necessary activity does not commit a development offence if the person gives notice that the person has been carrying out the activity, as soon as reasonably practicable after starting the activity, to— the enforcement authority; and a person who must be given notice of the activity under another Act. Subsections (2) , (3) and (4) stop applying to a person carrying out an activity if an enforcement notice or order requires the activity to stop. Subsections (2) and (3) stop applying to a person carrying out the activity if— the person does not, as soon as reasonably practicable after starting the activity— make a development application that, but for the exemption, would be required for the activity; and give a notice of a type mentioned in subsection (4) ; or the person complies with paragraph (a) , but the person’s development application is refused. If the person’s development application is refused, the person must restore, as far as practicable, premises to the condition the premises were in immediately before the activity was carried out. Maximum penalty—4,500 penalty units. In this section— emergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear. the carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season necessary , in relation to an activity, means the activity is necessary to ensure the emergency does not, or is not likely to, endanger someone or something stated in subsection (1) (a) to (d) . registered professional engineer means— a registered professional engineer under the Professional Engineers Act 2002 ; or a person registered as a professional engineer under an Act of another State. (sec.166-ssec.1) This section applies to works, development or a use (an activity ) carried out because an emergency endangers— a person’s life or health; or a building’s structural safety; or the operation or safety of infrastructure, other than a building; or for tidal works—the structural safety of a structure for which there is a development permit for operational work that is tidal works. (sec.166-ssec.2) A person who, in an emergency, is carrying out necessary operational work that is tidal works does not commit a development offence, other than an offence against section 162 , if the person— has made a safety management plan for the works, after considering— the long-term safety of members of the public who have access to the works or a structure to which the works relate; and if practicable, the advice of a registered professional engineer who has audited the works or structure; and complies with the plan; and gives a copy of the plan to the enforcement authority as soon as reasonably practicable after starting the works; and takes reasonable precautions and exercises proper diligence to ensure the works or a structure to which the works relate are in a safe condition, including by engaging a registered professional engineer to audit the works or structure. (sec.166-ssec.3) A person who, in an emergency, is carrying out necessary building work on a Queensland heritage place, or local heritage place, does not commit a development offence, other than an offence against section 162 , if the person— gets the advice of a registered professional engineer about the works before starting the works, unless it is not practicable to do so; and takes all reasonable steps— to ensure the works are reversible; or if the works are not reversible—to minimise the impact of the works on the place’s cultural heritage significance. (sec.166-ssec.4) A person who, in an emergency, is carrying out any other necessary activity does not commit a development offence if the person gives notice that the person has been carrying out the activity, as soon as reasonably practicable after starting the activity, to— the enforcement authority; and a person who must be given notice of the activity under another Act. (sec.166-ssec.5) Subsections (2) , (3) and (4) stop applying to a person carrying out an activity if an enforcement notice or order requires the activity to stop. (sec.166-ssec.6) Subsections (2) and (3) stop applying to a person carrying out the activity if— the person does not, as soon as reasonably practicable after starting the activity— make a development application that, but for the exemption, would be required for the activity; and give a notice of a type mentioned in subsection (4) ; or the person complies with paragraph (a) , but the person’s development application is refused. (sec.166-ssec.7) If the person’s development application is refused, the person must restore, as far as practicable, premises to the condition the premises were in immediately before the activity was carried out. Maximum penalty—4,500 penalty units. (sec.166-ssec.8) In this section— emergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear. the carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season necessary , in relation to an activity, means the activity is necessary to ensure the emergency does not, or is not likely to, endanger someone or something stated in subsection (1) (a) to (d) . registered professional engineer means— a registered professional engineer under the Professional Engineers Act 2002 ; or a person registered as a professional engineer under an Act of another State. - (a) a person’s life or health; or - (b) a building’s structural safety; or - (c) the operation or safety of infrastructure, other than a building; or - (d) for tidal works—the structural safety of a structure for which there is a development permit for operational work that is tidal works. - (a) has made a safety management plan for the works, after considering— (i) the long-term safety of members of the public who have access to the works or a structure to which the works relate; and (ii) if practicable, the advice of a registered professional engineer who has audited the works or structure; and - (i) the long-term safety of members of the public who have access to the works or a structure to which the works relate; and - (ii) if practicable, the advice of a registered professional engineer who has audited the works or structure; and - (b) complies with the plan; and - (c) gives a copy of the plan to the enforcement authority as soon as reasonably practicable after starting the works; and - (d) takes reasonable precautions and exercises proper diligence to ensure the works or a structure to which the works relate are in a safe condition, including by engaging a registered professional engineer to audit the works or structure. - (i) the long-term safety of members of the public who have access to the works or a structure to which the works relate; and - (ii) if practicable, the advice of a registered professional engineer who has audited the works or structure; and - (a) gets the advice of a registered professional engineer about the works before starting the works, unless it is not practicable to do so; and - (b) takes all reasonable steps— (i) to ensure the works are reversible; or (ii) if the works are not reversible—to minimise the impact of the works on the place’s cultural heritage significance. - (i) to ensure the works are reversible; or - (ii) if the works are not reversible—to minimise the impact of the works on the place’s cultural heritage significance. - (i) to ensure the works are reversible; or - (ii) if the works are not reversible—to minimise the impact of the works on the place’s cultural heritage significance. - (a) the enforcement authority; and - (b) a person who must be given notice of the activity under another Act. - (a) the person does not, as soon as reasonably practicable after starting the activity— (i) make a development application that, but for the exemption, would be required for the activity; and (ii) give a notice of a type mentioned in subsection (4) ; or - (i) make a development application that, but for the exemption, would be required for the activity; and - (ii) give a notice of a type mentioned in subsection (4) ; or - (b) the person complies with paragraph (a) , but the person’s development application is refused. - (i) make a development application that, but for the exemption, would be required for the activity; and - (ii) give a notice of a type mentioned in subsection (4) ; or - (a) a registered professional engineer under the Professional Engineers Act 2002 ; or - (b) a person registered as a professional engineer under an Act of another State.