Last Updated: 1 January 2021

[EM 43] Offence of undertaking unauthorised developments43 

43
(1) A person who carries out any development activity or undertaking which is subject to the EIA process without an approved EIA report, commits an offence and is liable upon conviction to a fine not exceeding $750,000 or to a term of imprisonment not exceeding 10 years or both.
(2) If a person is found to be undertaking a development activity under subsection (1), the Director may apply to the court for an order to stop work.
(3) A person who contravenes—
  • (a)any requirement under Part 4; or
  • (b)a condition for the approval of a development proposal or an approved EIA report,

commits an offence and is liable upon conviction to a fine not exceeding $250,000 or to a term of imprisonment not exceeding 3 years or both.