Page 2070 - Week 07 - Thursday, 23 August 2007

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

132A Exempt development—authorised use

(1) An authorised use of land, or a building or structure on the land, is exempt from requiring development approval.

(2) However, use of the land is not exempt from requiring development approval if—

(a) earthworks or other construction work is carried out on the land; and

(b) the work requires development approval.

(3) Also, use of the land, or a building or structure on the land, is not exempt from requiring development approval if—

(d) the construction, alteration or demolition requires development approval.

(4) To remove any doubt, if an authorised use of land, a building or structure is exempt from requiring development approval under subsection (1), the right to use the land, building or structure as authorised does not end only because 1 or more of the following apply in relation to the use:

(e) the use is not continuous;

(f) someone deals with the lease (the affected lease) that authorises the use;

(g) a further lease is granted for the affected lease on application under section 246, whether or not the grant happens immediately after the expiry of the affected lease.

(5) However, the authorised use of the land, building or structure stops being exempt from requiring development approval if the use was authorised by a lease (the affected lease) and—

(h) the affected lease expires and no application is made under section 246 for a further lease; or

Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease (see s 246).

(i) the affected lease is—

(i) surrendered, other than for a lease variation or renewal; or

(ii) terminated.

(6) Also, the authorised use of the land, building or structure stops being exempt from requiring development approval if—

(j) the use was authorised by a licence under this Act or a permit under the Roads and Public Places Act 1937; and

(k) the licence or permit ends—

(iii) whether on expiry or otherwise; and

(iv) even if renewed.

(7) To remove any doubt, an authorised use of a building or structure is exempt from requiring development approval if the construction of the building or structure is exempt from requiring development approval.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .