Northern Territory Numbered Acts

PLANNING AMENDMENT ACT 2020 (NO 19 OF 2020) - SECT 76

Section 119

repeal, insert

119     No use or development permitted under permit if application for review

    (1)     Subject to this Act, if an application for a review is made in relation to the issue of a development permit, the holder of the permit must cease all conduct under the permit until the application is determined by the Tribunal.

    (2)     A person commits an offence if:

    (a)     the person holds a development permit; and

    (b)     an application for a review is made in relation to the issue of the development permit; and

    (c)     the person intentionally engages in conduct; and

    (d)     the conduct results in the use or development of land in accordance with the permit and the person is reckless in relation to that circumstance.

Maximum penalty:     500 penalty units.

Default penalty:     2 penalty units.

    (3)     Strict liability applies to subsection (2)(a) and (b).

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.