Page 2071 - Week 07 - Thursday, 23 August 2007

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(8) In this section:

authorised use, of land, or a building or structure on the land—

(l) means a use authorised by any of the following (whether expressly or by implication):

(v) a lease;

(vi) a licence under this Act;

(vii) a permit under the Roads and Public Places Act 1937;

(viii) a provision of chapter 15 (Transitional); and

(m) includes a use authorised by a lease that expired not more than 6 months before the use if the lease is renewed within 6 months after the expiry; and

(n) does not include a use authorised by section 240.

consolidation—see section 226.

subdivision—see section 226.

132B Exempt development—no need for application or approval

(1) An exempt development may be undertaken without a development application and development approval.

(2) A person cannot apply for approval of a development proposal for an exempt development.

Note The development proposal may still need a building approval under the Building Act 2004.

Division 7.2.7 Prohibited development

133 Development proposals for prohibited development

(1) If a development is prohibited, either under the relevant development table or under subsection (2), a person cannot apply for approval of a development proposal for the development.

Note 1 A development is prohibited if any part of the development is prohibited (see dict, def prohibited).

Note 2 It is an offence to undertake prohibited development (see s 194).

Note 3 However, if development is authorised by a development approval and subsequently becomes prohibited, the development can continue (see s 195).

Note 4 Also, development that is lawful when it begins continues to be lawful (see s 197 and s 198).

(2) A development by an entity other than the Territory or a territory authority in a future urban area is prohibited unless the structure plan for the area states otherwise.

134 Applications for development approval in relation to use for otherwise prohibited development

(1) This section applies to a development proposal in relation to a use of land, or a building or structure on the land, if—

(a) the use is an authorised use; but

(b) beginning the use is a prohibited development.

(2) Despite section 133—

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