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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 56A When amendments to permits take effect

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 56A

When amendments to permits take effect

(1)  If a planning authority amends a permit, the amendment, subject to subsections (5) and (6) , takes effect on the day on which it is made by the planning authority or, if there is a right of appeal against the amendment, at the expiration of 14 days from the day on which the notice of the amendment was served on the person who has the right of appeal.
(2)  If the person who requested an amendment to a permit is the only person with a right of appeal under section 61 in relation to the amendment and does not intend to exercise that right, the use or development in respect of which the amendment is made may, subject to subsection (3) , be commenced before the expiration of the 14 day period specified in subsection (1) .
(3)  If the person referred to in subsection (2) proposes to commence the use or development in respect of which the amendment is made before the expiration of the 14 day period specified in subsection (1) , the person must notify the planning authority in writing of his or her intention to commence that use or development.
(4)  If the person who requested an amendment to a permit notifies the planning authority under subsection (3) , the person is taken to have forfeited the right to appeal in relation to the amendment.
(5)  The day on which a permit takes effect may be specified in the permit as being a day later than the day on which the permit would otherwise have taken effect under subsection (1) .
(6)  If an appeal has been instituted against the planning authority's decision to amend a permit, the amendment does not take effect until the determination or abandonment of the appeal.
(7)  If the amendment requires an agreement to be entered into, the amendment does not take effect until the day on which the agreement is executed.