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ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 7
Amendment of s 83 (General restrictions on granting building development approval)
7 Amendment of s 83 (General restrictions on granting building development
approval)
(1) Section 83 (1) (a) , †˜Planning Act, all necessary development
permits’—
omit, insert—
Planning Act and the Economic Development Act 2012 , all necessary development
permits and PDA development permits
(2) Section 83 (1) (a) , example, from
‘A proposal’ to ‘for—’—
omit, insert—
A proposal involving building work also involves a material change of use,
reconfiguring a lot and operational work under the Planning Act. The material
change of use, reconfiguring a lot and operational work are categorised as
assessable development under the Planning Act. The private certifier is
engaged to carry out building assessment work and decide the building
development application. The private certifier must not grant the building
development approval applied for until, under the Planning Act, all necessary
development permits are effective for—
(3) Section 83 (1) —
insert— (ba) if the building development application is for a development
permit for building work and a part of the building work is PDA-related
development that is PDA assessable development—until a PDA development
permit is in effect for the part; and
(4) Section 83 (2) (a) ,
‘permit’—
omit, insert—
permit, or a PDA development application for each PDA development permit,
(5)
Section 83 (2) —
insert— (ba) if subsection (1)(ba) applies to the application—a PDA
development application for a PDA development permit mentioned in the
subsection;
(6) Section 83 (3) , ‘ subsection (2) (a) , (b) or (c) ’—
omit, insert—
subsection (2)(a) to (c)
(7) Section 83 (5) —
insert—
"PDA assessable development" see the Economic Development Act 2012 ,
section 33(3).
"PDA development application" see the Economic Development Act 2012 , schedule
1.
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