sec.95Reminder notice requirement for lapsing

### sec.95 Reminder notice requirement for lapsing Despite the Planning Act , chapter 3 , part 3 , division 3 and part 5 , division 4 and the condition, the approval only lapses if— the assessment manager has, under this section, given the owner of the building a reminder notice about the lapsing; and the time (the lapsing time ) chosen by the assessment manager and stated in the reminder notice for the completion of the development or aspect has passed; and the development or aspect was not completed before the lapsing time. The lapsing time may be after, but must not be before, the condition time. The reminder notice must— be given no more than 6 months, but at least 3 months, before the lapsing time; and state each of the following— the condition; the lapsing time; that the approval will lapse unless the development or aspect is completed by the lapsing time; that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends. Only 1 reminder notice may be given under this section. Subject to section 96 , the assessment manager can not change the lapsing time. s 95 ins 2006 No. 36 s 5 amd 2006 No. 59 s 22 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 82 (sec.95-ssec.1) Despite the Planning Act , chapter 3 , part 3 , division 3 and part 5 , division 4 and the condition, the approval only lapses if— the assessment manager has, under this section, given the owner of the building a reminder notice about the lapsing; and the time (the lapsing time ) chosen by the assessment manager and stated in the reminder notice for the completion of the development or aspect has passed; and the development or aspect was not completed before the lapsing time. (sec.95-ssec.2) The lapsing time may be after, but must not be before, the condition time. (sec.95-ssec.3) The reminder notice must— be given no more than 6 months, but at least 3 months, before the lapsing time; and state each of the following— the condition; the lapsing time; that the approval will lapse unless the development or aspect is completed by the lapsing time; that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends. (sec.95-ssec.4) Only 1 reminder notice may be given under this section. (sec.95-ssec.5) Subject to section 96 , the assessment manager can not change the lapsing time. - (a) the assessment manager has, under this section, given the owner of the building a reminder notice about the lapsing; and - (b) the time (the lapsing time ) chosen by the assessment manager and stated in the reminder notice for the completion of the development or aspect has passed; and - (c) the development or aspect was not completed before the lapsing time. - (a) be given no more than 6 months, but at least 3 months, before the lapsing time; and - (b) state each of the following— (i) the condition; (ii) the lapsing time; (iii) that the approval will lapse unless the development or aspect is completed by the lapsing time; (iv) that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends. - (i) the condition; - (ii) the lapsing time; - (iii) that the approval will lapse unless the development or aspect is completed by the lapsing time; - (iv) that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends. - (i) the condition; - (ii) the lapsing time; - (iii) that the approval will lapse unless the development or aspect is completed by the lapsing time; - (iv) that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends.