Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 81

81 Development or use carried out in emergency

(1) A person does not commit a PDA development offence if—

(a) the person carries out development or a use of premises because of an emergency endangering—

(i) the life or health of a person; or

(ii) the structural safety of a building; or

(iii) the operation or safety of infrastructure that is not a building; and

(b) the person gives notice of the development or use that would otherwise be a PDA development offence to MEDQ as soon as practicable after starting the development or use.

(2) However, subsection (1) does not apply if the person is required by an enforcement order to stop carrying out the development or use.

(3) In this section—

"emergency" means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear.

Example of an action not done because of an emergency—

the carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season