Queensland Numbered Acts

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SUSTAINABLE PLANNING ACT 2009 No. 36 - SECT 586

586 Exemption for building work on Queensland heritage place or local heritage place

(1) This section applies to building work (the emergency building work) if--

(a) the work is carried out on a Queensland heritage place or a local heritage place; and
(b) other than for this section, a development permit or compliance permit would have been required to carry out the work; and
(c) it is necessary to carry out the work because of an emergency endangering--
(i) the life or health of a person; or
(ii) the structural safety of a building.

(2) Sections 575, 576, 578, 580 and 582 do not apply to a person who carries out the emergency building work if--

(a) before starting the work and if practicable, the person obtains the advice of a registered professional engineer about the work; and
(b) the person takes all reasonable steps--
(i) to ensure the work is reversible; or
(ii) if the work is not reversible--to limit the impact of the work on the cultural heritage significance of the Queensland heritage place or local heritage place; and
(c) as soon as reasonably practicable after starting the work, the person--
(i) makes a development application for any development permit, or a request for compliance assessment for any compliance permit, that would otherwise be required for the work; and
(ii) gives the assessment manager for the application, or the compliance assessor for the request, written notice of the work.

(3) However, subsection (2) does not apply if the person is required by an enforcement notice or order to stop carrying out the emergency building work.

(4) Also, subsection (2) ceases to apply if the development application mentioned in subsection (2)(c) is refused.

(5) If, under subsection (4), subsection (2) ceases to apply, the person must remove the emergency building work as soon as practicable.

Maximum penalty--1665 penalty units.



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