sec.104AApplication of Planning Act provisions for enforcement notices

sec.104A Application of Planning Act provisions for enforcement notices

The Planning Act , chapter 5 , part 3 applies in relation to a PDA development offence, with necessary changes, as if— a reference in the part to an enforcement authority were a reference to MEDQ; and a reference in the part to a development offence were a reference to a PDA development offence; and a reference in the part to a development permit were a reference to a PDA development permit; and a reference in the part to accepted development were a reference to PDA accepted development; and the reference in the part to a development approval were a reference to a PDA development approval; and the reference in section 172 (c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition. Also, the Planning Act , section 229 and schedule 1 apply in relation to a decision to give an enforcement notice under chapter 5 , part 3 of that Act, as applied under subsection (1) and, for that purpose, schedule 1 applies as if a reference in the schedule to the enforcement authority were a reference to MEDQ. To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order, or to take any other action under this Act, in relation to the PDA development offence. s 104A ins 2019 No. 11 s 95 (sec.104A-ssec.1) The Planning Act , chapter 5 , part 3 applies in relation to a PDA development offence, with necessary changes, as if— a reference in the part to an enforcement authority were a reference to MEDQ; and a reference in the part to a development offence were a reference to a PDA development offence; and a reference in the part to a development permit were a reference to a PDA development permit; and a reference in the part to accepted development were a reference to PDA accepted development; and the reference in the part to a development approval were a reference to a PDA development approval; and the reference in section 172 (c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition. (sec.104A-ssec.2) Also, the Planning Act , section 229 and schedule 1 apply in relation to a decision to give an enforcement notice under chapter 5 , part 3 of that Act, as applied under subsection (1) and, for that purpose, schedule 1 applies as if a reference in the schedule to the enforcement authority were a reference to MEDQ. (sec.104A-ssec.3) To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order, or to take any other action under this Act, in relation to the PDA development offence.