49AAdditional ground for refusal in certain participating jurisdictions—mandatory approval in principle

49A Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle

49A Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle

(1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies.

(2) Without limiting section 49(1), the Regulatory Authority must refuse to grant a service approval if—

(a) the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and

(b) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and

(c) either—

(i) the approved provider is not the approval in principle holder for the premises; or

(ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.

(3) Despite subsection (2), the Regulatory Authority may grant a service approval for an education and care service—

(a) if satisfied that—

(i) the service approval is required for the emergency relocation of an education and care service; and

(ii) the education and care service premises is the most suitable available premises for the education and care service; or

(b) in any other prescribed circumstances.

(4) Subsection (2) does not apply if—

(a) a service approval was previously granted for an education and care service at the premises; and

(b) since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.