COVID-19 RESPONSE AND ECONOMIC RECOVERY OMNIBUS ACT 2020 - SECT 33

COVID-19 RESPONSE AND ECONOMIC RECOVERY OMNIBUS ACT 2020 - SECT 33

33 .         Extension of certain time limits under relevant schemes

        (1)         In this section —

        development approval means an approval granted under a relevant scheme;

        relevant scheme means an improvement scheme as defined in the Planning and Development Act 2005 section 4(1) or a region planning scheme.

        (2)         This section applies to a development approval that —

            (a)         is valid on 8 April 2020; or

            (b)         is granted on or after 8 April 2020 if, at the time it is granted, a COVID emergency declaration is in effect.

        (3)         Despite anything provided in a development approval or in the relevant scheme under which it is granted, the development approval —

            (a)         remains valid until the day which is 2 years after the day on which, but for this section, it would have ceased to be valid; and

            (b)         lapses if the development has not been substantially commenced before that day.

        (4)         A development which has been substantially commenced by the day provided by subsection (3)(a) is taken to have been substantially commenced within the time required under the development approval and the relevant scheme under which it is granted.

        (5)         This section does not prevent the time until which a development approval remains valid or the time within which a development is required to be substantially commenced from being varied by an amendment to the development approval made under the Planning and Development Act 2005 .