Planning Act 2023
Sch 4Controlled activities
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Schedule 4 Controlled activities (see s 412 and s 432) item penalty 1 failing to comply with— (a) a provision of a lease, other than— (i) a building and development provision requiring works to be commenced within a stated time; or (ii) a building and development provision requiring works to be completed within a stated time if— (A) a new compliance time is notified under s 375; and (B) the noncompliance fee has been paid; and (C) the new compliance time has not ended; or (b) if a lease is granted subject to the lessee entering into a development agreement and the lessee has entered into such an agreement—the development agreement 2 failing to keep a leasehold clean Note Failure to keep a leasehold clean may also be an amenity impact under the Litter Act 2004. 3 undertaking a development for which development approval is required— (a) without development approval; or (b) other than in accordance with the development 4 having a building or other structure constructed without development approval required by this Act
Schedule 4 Controlled activities item penalty 5 failing to take reasonable steps to implement an offset management plan as required under s 250 6 using unleased land in a way that is not authorised by— (a) a licence under this Act; or (b) a sign approval or work approval under the Public Unleased Land Act 2013; or (c) a public unleased land permit under the Public Unleased Land Act 2013 7 managing land held under a rural lease other than in accordance with— (a) if an offset management plan is in force for the (i) the offset management plan; and (ii) to the extent that the land management agreement for the land is not inconsistent with the offset management plan—the land management agreement; or (b) in any other case—the land management agreement for the land 8 failing to enter into a land management agreement as required under s 353 9 undertaking prohibited development, other than in accordance with a development approval allowed under div 7.3.1 10 failing to use land for a continuous period of at least 1 year for the purpose for which the lease over the land is granted
Preliminary Part 5.1 Section 5.1