Clause 4

by deleting subsections (1), (2) and (3) and substituting the following subsections:“(1) A person must not, without planning permission, carry out or permit the carrying out of any development of any land outside a conservation area.(2) A person must not, without conservation permission, carry out or permit the carrying out of any works within a conservation area.(3) A person must not, without subdivision permission, subdivide or permit the subdivision of any land.”; and

by deleting subsection (4) and substituting the following subsections:“(4) Subject to subsections (4A) and (4B), any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or

if the person is a repeat offender, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.(4A) Where a contravention of subsection (2) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable —

to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.(4B) Where a contravention of subsection (1) or (2) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable —

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.(4C) In this section, a person is a repeat offender if the person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (4) has (whether before, on or after the date of commencement of section 4(b) of the Planning (Amendment) Act 2017) been convicted or found guilty on at least one other earlier occasion of —

an offence under subsection (4) for contravening subsection (1), (2) or (3); or

an offence under subsection (4) as in force immediately before that date for contravening subsection (1), (2) or (3) as in force immediately before that same date.”.