Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38bb
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38BB
Character Range: 90458–91944

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.
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.
Note 1: Prohibited is defined in subsection 3(1).
Note 2: For an aggravated contravention, see also subsection 38GB(6).
 (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.
Note: For an aggravated contravention, see also subsection 38GB(6).
 (3) Subsections (1) and (2) do not apply if circumstances prescribed for the purposes of subsection 38BA(5) exist in relation to the conduct.