A person must not conduct a level 2 activity, other than an EL activity, unless –

(a) there is in force a permit under the Land Use Planning and Approvals Act 1993 , or an environment protection notice, authorising the conduct of the activity; or

(b) the activity is also a level 3 activity; or

(c) the Board has determined under section 27(4) that an assessment of the activity is not required.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; and

(b) a natural person, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.