Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:6_38bb
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 6 cl 38BB
Character Range: 175519–176872

38BB  Conduct in zone: civil penalty provision

 (1) A person must not engage in conduct in a zone that is prohibited under the zoning plan for the zone.

Note: Prohibited is defined in subsection 3(1).

Civil penalty:
 (a) for an aggravated contravention by an individual—5,000 penalty units; or
 (b) for an individual in any other case—2,000 penalty units; or
 (c) for an aggravated contravention by a body corporate—50,000 penalty units; or
 (d) for a body corporate in any other case—20,000 penalty units.

 (2) A person must not engage in conduct in a zone if:
 (a) under the zoning plan for the zone, the conduct requires permission; and
 (b) the person is not authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of the zoning plan; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Civil penalty:
 (a) for an aggravated contravention by an individual—5,000 penalty units; or
 (b) for an individual in any other case—2,000 penalty units; or
 (c) for an aggravated contravention by a body corporate—50,000 penalty units; or
 (d) for a body corporate in any other case—20,000 penalty units.

 (3) Subsections (1) and (2) do not apply if circumstances prescribed for the purposes of subsection 38BA(5) exist in relation to the conduct.