Airport Assets (Restructuring and Disposal) Act 2008
sec.53Modified application of Planning Act , s 265
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sec.53 Modified application of Planning Act , s 265
A person may apply to the planning chief executive for a planning and development certificate under the Planning Act , section 265 for premises on airport land. The application must be accompanied by the fee prescribed under a regulation. For subsection (1) — the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and a regulation made under the Planning Act , section 265 (4) applies— as if a reference in the regulation to a local government were a reference to the planning chief executive; and as if a reference in the regulation to a planning scheme were a reference to a land use plan; and as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and as if the regulation provides that a planning and development certificate must also be accompanied by— any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and with other necessary changes. s 53 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 19 (sec.53-ssec.1) A person may apply to the planning chief executive for a planning and development certificate under the Planning Act , section 265 for premises on airport land. (sec.53-ssec.2) The application must be accompanied by the fee prescribed under a regulation. (sec.53-ssec.3) For subsection (1) — the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and a regulation made under the Planning Act , section 265 (4) applies— as if a reference in the regulation to a local government were a reference to the planning chief executive; and as if a reference in the regulation to a planning scheme were a reference to a land use plan; and as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and as if the regulation provides that a planning and development certificate must also be accompanied by— any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and with other necessary changes.
- (a) the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and
- (b) a regulation made under the Planning Act , section 265 (4) applies— (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and (ii) as if a reference in the regulation to a planning scheme were a reference to a land use plan; and (iii) as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and (iv) as if the regulation provides that a planning and development certificate must also be accompanied by— (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and (v) with other necessary changes.