sec.115Land surrender requirement can not be given in particular circumstances

### sec.115 Land surrender requirement can not be given in particular circumstances A land surrender requirement can not be given in relation to a relevant application if— the lot to be reconfigured was part of another lot that has been the subject of— a development application or change application; or an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and a part of the other lot was surrendered to the State under— a land surrender condition; or a land surrender requirement; or the repealed Beach Protection Act , section 41C (6) or 45 (7) . Also, a land surrender requirement can not be given in relation to a relevant application that is a change application if part of the lot to be reconfigured was surrendered to the State under— a land surrender condition included in the development approval to which the change application relates; or a land surrender requirement given in relation to the application for the development approval to which the change application relates. In this section— land surrender condition means a land surrender condition, included in a development approval, under section 110 as in force immediately before the commencement. s 115 ins 2001 No. 93 s 15 amd 2009 No. 36 s 872 sch 2 sub 2016 No. 27 s 145 (sec.115-ssec.1) A land surrender requirement can not be given in relation to a relevant application if— the lot to be reconfigured was part of another lot that has been the subject of— a development application or change application; or an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and a part of the other lot was surrendered to the State under— a land surrender condition; or a land surrender requirement; or the repealed Beach Protection Act , section 41C (6) or 45 (7) . (sec.115-ssec.2) Also, a land surrender requirement can not be given in relation to a relevant application that is a change application if part of the lot to be reconfigured was surrendered to the State under— a land surrender condition included in the development approval to which the change application relates; or a land surrender requirement given in relation to the application for the development approval to which the change application relates. (sec.115-ssec.3) In this section— land surrender condition means a land surrender condition, included in a development approval, under section 110 as in force immediately before the commencement. - (a) the lot to be reconfigured was part of another lot that has been the subject of— (i) a development application or change application; or (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and - (i) a development application or change application; or - (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and - (b) a part of the other lot was surrendered to the State under— (i) a land surrender condition; or (ii) a land surrender requirement; or (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) . - (i) a land surrender condition; or - (ii) a land surrender requirement; or - (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) . - (i) a development application or change application; or - (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and - (i) a land surrender condition; or - (ii) a land surrender requirement; or - (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) . - (a) a land surrender condition included in the development approval to which the change application relates; or - (b) a land surrender requirement given in relation to the application for the development approval to which the change application relates.