Planning Act 2023
404Offence to undertake prohibited development
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404 Offence to undertake prohibited development (c) the person knows that the development is prohibited. 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 is Maximum penalty: 1 000 penalty units. (c) the person is negligent about whether the development is Maximum penalty: 500 penalty units. (4) A person commits an offence if— (b) the development is prohibited. Note Section 156 and s 405 disapply s (1) to (4) in certain cases. (5) An offence against subsection (4) is a strict liability offence. (6) To remove any doubt, this section does not apply to development that is lawful— (a) because of section 405, section 407 or section 408; or (b) because it is in accordance with a development approval granted on an application mentioned in section 156 (2).