340Transitional provision—approvals in principle—applications for service approval

340 Transitional provision—approvals in principle—applications for service approval

340 Transitional provision—approvals in principle—applications for service approval

(1) This section applies if—

(a) a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and

(b) before, on or after the commencement day, a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and

(c) before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.

(2) Despite section 49A(2)—

(a) the applicant for the service approval is not required to be an approval in principle holder for the premises; and

(b) the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.

(3) In this Division—

commencement day, in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction.