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ECONOMIC DEVELOPMENT ACT 2012 - SECT 104A
Application of Planning Act provisions for enforcement notices
104A Application of Planning Act provisions for enforcement notices
(1) The Planning Act , chapter 5 , part 3 applies in relation to a PDA
development offence, with necessary changes, as if— (a) a reference in the
part to an enforcement authority were a reference to MEDQ; and
(b) a
reference in the part to a development offence were a reference to a PDA
development offence; and
(c) a reference in the part to a development permit
were a reference to a PDA development permit; and
(d) a reference in the part
to accepted development were a reference to PDA accepted development; and
(e)
the reference in the part to a development approval were a reference to a PDA
development approval; and
(f) the reference in section 172 (c) of that Act to
appealing the decision on the application were a reference to appealing the
decision on the application to grant the PDA development permit subject to a
PDA development condition that includes a nominated assessing authority for
the condition.
(2) Also, the Planning Act , section 229 and schedule 1 apply
in relation to a decision to give an enforcement notice under chapter 5 , part
3 of that Act, as applied under subsection (1) and, for that purpose, schedule
1 applies as if a reference in the schedule to the enforcement authority were
a reference to MEDQ.
(3) To remove any doubt, it is declared that this
section does not limit or otherwise affect MEDQ’s ability to apply for an
enforcement order, or to take any other action under this Act, in relation to
the PDA development offence.
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