sec.84Approval must not be inconsistent with particular earlier approvals or accepted development

### sec.84 Approval must not be inconsistent with particular earlier approvals or accepted development The private certifier must not approve the building development application if— the application relates to either or both of the following approvals (each an earlier approval )— a development approval given by the local government; a PDA development approval under the Economic Development Act 2012 ; and the earlier approval has not lapsed; and the application is inconsistent with the earlier approval. Maximum penalty—165 penalty units. Also, the private certifier must not approve the building development application if— the application relates to— development categorised as accepted development under a local planning instrument; or PDA-related development that is PDA accepted development under the Economic Development Act 2012 ; and the development may affect the position, height or form of the building work; and the building work is inconsistent with— for an application in relation to development mentioned in paragraph (a) (i) —the provisions of the local planning instrument that apply to the development; or for an application in relation to development mentioned in paragraph (a) (ii) —the provisions of the relevant development instrument for the priority development area that apply to the development. Maximum penalty—165 penalty units. For subsection (1) , if the application is a change application, the development approval to which the change application relates is not an earlier development approval. In this section— relevant development instrument see the Economic Development Act 2012 , schedule 1 . s 84 ins 2006 No. 36 s 5 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 76 ; 2019 No. 11 s 8 (sec.84-ssec.1) The private certifier must not approve the building development application if— the application relates to either or both of the following approvals (each an earlier approval )— a development approval given by the local government; a PDA development approval under the Economic Development Act 2012 ; and the earlier approval has not lapsed; and the application is inconsistent with the earlier approval. Maximum penalty—165 penalty units. (sec.84-ssec.2) Also, the private certifier must not approve the building development application if— the application relates to— development categorised as accepted development under a local planning instrument; or PDA-related development that is PDA accepted development under the Economic Development Act 2012 ; and the development may affect the position, height or form of the building work; and the building work is inconsistent with— for an application in relation to development mentioned in paragraph (a) (i) —the provisions of the local planning instrument that apply to the development; or for an application in relation to development mentioned in paragraph (a) (ii) —the provisions of the relevant development instrument for the priority development area that apply to the development. Maximum penalty—165 penalty units. (sec.84-ssec.3) For subsection (1) , if the application is a change application, the development approval to which the change application relates is not an earlier development approval. (sec.84-ssec.4) In this section— relevant development instrument see the Economic Development Act 2012 , schedule 1 . - (a) the application relates to either or both of the following approvals (each an earlier approval )— (i) a development approval given by the local government; (ii) a PDA development approval under the Economic Development Act 2012 ; and - (i) a development approval given by the local government; - (ii) a PDA development approval under the Economic Development Act 2012 ; and - (b) the earlier approval has not lapsed; and - (c) the application is inconsistent with the earlier approval. - (i) a development approval given by the local government; - (ii) a PDA development approval under the Economic Development Act 2012 ; and - (a) the application relates to— (i) development categorised as accepted development under a local planning instrument; or (ii) PDA-related development that is PDA accepted development under the Economic Development Act 2012 ; and - (i) development categorised as accepted development under a local planning instrument; or - (ii) PDA-related development that is PDA accepted development under the Economic Development Act 2012 ; and - (b) the development may affect the position, height or form of the building work; and - (c) the building work is inconsistent with— (i) for an application in relation to development mentioned in paragraph (a) (i) —the provisions of the local planning instrument that apply to the development; or (ii) for an application in relation to development mentioned in paragraph (a) (ii) —the provisions of the relevant development instrument for the priority development area that apply to the development. - (i) for an application in relation to development mentioned in paragraph (a) (i) —the provisions of the local planning instrument that apply to the development; or - (ii) for an application in relation to development mentioned in paragraph (a) (ii) —the provisions of the relevant development instrument for the priority development area that apply to the development. - (i) development categorised as accepted development under a local planning instrument; or - (ii) PDA-related development that is PDA accepted development under the Economic Development Act 2012 ; and - (i) for an application in relation to development mentioned in paragraph (a) (i) —the provisions of the local planning instrument that apply to the development; or - (ii) for an application in relation to development mentioned in paragraph (a) (ii) —the provisions of the relevant development instrument for the priority development area that apply to the development.