STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 85
Carrying out particular development, use or works not an offence
STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 85
Carrying out particular development, use or works not an offence
85 Carrying out particular development, use or works not an offence
(1) Subsection (2) applies if—
(a) immediately before an approved
development scheme applies to land, a use or works is lawfully being carried
out on the land by a person; and
(b) after the approved development scheme
applies to the land, the person continues the use or works.
(2) Sections 84Aand 84Bdo not apply to the use or works by the person or the person’s
successors in title to the land.
(3) Subsection (4) applies if—
(a)
immediately before an approved development scheme applies to land, there was a
prior affected development for the land; and
(b) the owner of the land has,
under the approved development scheme, made a prior affected development
request to the Coordinator-General to approve the development of the land for
the prior affected development; and
(c) the Coordinator-General has approved
the prior affected development request.
(4) Sections 84Aand 84Bdo not apply
to the development of the land for the prior affected development by the owner
or the owner’s successors in title to the land.
(5) Subsection (6) applies
to premises the subject of a designation under the Planning Act .
(6)
Sections 84Aand 84Bdo not apply to development carried out on the premises
under the designation.