403Offence to develop without approval

403 Offence to develop without approval (c) the person knows that the development requires development Maximum penalty: (a) for an individual—2 000 penalty units; or (b) for a corporation—2 500 penalty units. (c) the person is reckless about whether the development requires Maximum penalty: 1 000 penalty units.

(c) the person is negligent about whether the development requires Maximum penalty: 500 penalty units. (4) A person commits an offence if— (b) the development requires development approval. (5) An offence against subsection (4) is a strict liability offence. (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant proves— (a) that before undertaking the development the defendant took reasonable steps to find out whether the development required development approval; or (b) that— (i) an exemption assessment D notice was issued before, but not more than 3 months before, the day the defendant started to undertake the development, stating that the development was an exempt development under section 145; and (ii) the defendant was not aware, and could not reasonably have been aware, that the notice was incorrect; or (c) that— (i) before the day the defendant started to undertake the development, a building approval or approval of amended building work plans under the Building Act 2004 for which development approval was required was issued; and

(ii) the building work was undertaken when the building approval, or the approval for the amended plans, was in force; and (iii) the defendant was not aware, and could not reasonably have been aware, that the building approval, or the approval of the amended plans, should not have been issued without development approval. Note See the Building Act 2004, s 28 (for issuing of building approvals) and s 32 (for amendment of approved plans). (7) A proceeding under this part is not affected by the making of an application under section 215 (Development applications for development undertaken without approval), or the approval of the application, whether or not the proceeding starts before the application is made or approved. (8) To remove any doubt, this section does not apply to development that is lawful because of section 407 or section 408. Note A person also commits an offence if the person occupies or uses, or allows someone else to occupy or use, a building, or part of a building, if a certificate of occupancy has not been issued for the building or part of the building (see Building Act 2004, s 76 (1)).