sec.177Relationship to particular Planning Act provisions

### sec.177 Relationship to particular Planning Act provisions This section applies to each of the following (a deemed approval )— a sanction to carry out works given under the Harbours Act , section 86 ; an authorisation to reclaim land given under the Harbours Act , section 91 ; a permit under the Beach Protection Act, section 44; a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district; a permit under the Beach Protection Act, section 47(1A); a provisional approval to construct a canal under the Canals Act , section 5 ; a final approval to construct a canal under the Canals Act , section 7 . The Planning Act, chapter 3, part 5, division 2, subdivision 2 and divisions 3 and 4 apply to a deemed approval. However, if the deemed approval is for operational work that is tidal works associated with construction of a structure, the currency period for the deemed approval is— the 4 years starting the day this section commences; or if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time. If development under a deemed approval mentioned in subsection (3) is not substantially completed at the end of the currency period for the approval, the deemed approval lapses. s 177 ins 2001 No. 93 s 19 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 154 (sec.177-ssec.1) This section applies to each of the following (a deemed approval )— a sanction to carry out works given under the Harbours Act , section 86 ; an authorisation to reclaim land given under the Harbours Act , section 91 ; a permit under the Beach Protection Act, section 44; a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district; a permit under the Beach Protection Act, section 47(1A); a provisional approval to construct a canal under the Canals Act , section 5 ; a final approval to construct a canal under the Canals Act , section 7 . (sec.177-ssec.2) The Planning Act, chapter 3, part 5, division 2, subdivision 2 and divisions 3 and 4 apply to a deemed approval. (sec.177-ssec.3) However, if the deemed approval is for operational work that is tidal works associated with construction of a structure, the currency period for the deemed approval is— the 4 years starting the day this section commences; or if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time. (sec.177-ssec.4) If development under a deemed approval mentioned in subsection (3) is not substantially completed at the end of the currency period for the approval, the deemed approval lapses. - (a) a sanction to carry out works given under the Harbours Act , section 86 ; - (b) an authorisation to reclaim land given under the Harbours Act , section 91 ; - (c) a permit under the Beach Protection Act, section 44; - (d) a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district; - (e) a permit under the Beach Protection Act, section 47(1A); - (f) a provisional approval to construct a canal under the Canals Act , section 5 ; - (g) a final approval to construct a canal under the Canals Act , section 7 . - (a) the 4 years starting the day this section commences; or - (b) if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time.