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ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 55
Amendment of s 85 (Deciding application generally)
55 Amendment of s 85 (Deciding application generally)
(1) Section 85 (1) —
insert— (d) if the relevant development is in a provisional priority
development area for which the relevant development instrument is a draft
provisional land use plan— (i) the development is categorised under a
relevant local categorising instrument as accepted development; or
(ii) both
of the following apply— (A) the development is categorised under a
relevant local categorising instrument as assessable development requiring
code assessment;
(B) if the development were assessed against the assessment
benchmarks applying for the development under the
relevant local categorising instrument, it would comply with all the
assessment benchmarks.
(2) Section 85 —
insert— (6) In this section—
"relevant local categorising instrument" , in relation to relevant development
in a provisional priority development area, means a local categorising
instrument within the meaning of the Planning Act that applies for the area to
which the application relates.
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