452Giving prohibition notices

452 Giving prohibition notices (1) This section applies if the territory planning authority believes on reasonable grounds that the giving of a notice under this section (a prohibition notice) is necessary— (a) to prevent an entity starting, or continuing, to undertake prohibited development; or (b) to prevent an entity from continuing to undertake development if— (i) the entity has started to undertake the development; and (ii) the development requires development approval; and (iii) there is no development approval for the development; or (c) to prevent an entity from continuing to undertake development other than in accordance with the conditions of a development approval if— (i) the entity has started to undertake a development; and (ii) there is development approval for the development; and (iii) the development undertaken is not in accordance with the conditions of the development approval. (2) Also, this section applies to an activity under subsection (1) whether or not— (a) a controlled activity order is made, or is proposed to be made, in relation to the activity; or (b) a proceeding for an offence against this chapter in relation to the activity has begun or is about to begin.

Prohibition notices Part 12.5 (3) The territory planning authority may give a prohibition notice to either or both of the following: (a) the lessee or occupier of premises to which the activity mentioned in subsection (1) relates; (b) an entity by which or on behalf of which the activity— (i) was, is, or will be, undertaken; or (ii) is likely to be undertaken. (4) The prohibition notice must state the following: (a) that it is a prohibition notice under this Act; (b) the name of each entity to which it is directed; (c) that the notice takes effect when it is given to an entity to which it is directed; (d) the grounds on which the notice is given; (e) the activity, and the address of the premises, in relation to which the notice applies; (f) that the activity— (i) must not be carried on by the entity; or (ii) must not be carried on by the entity except in accordance with the notice; (g) when the notice ends. Example—par (g) on the happening of an event stated in the notice (5) A prohibition notice takes effect when it is given to an entity to which it is directed. (6) The territory planning authority is not required to give notice of its intention to give a prohibition notice.