Economic Development Act 2012
sec.120When infrastructure agreements under Planning Act apply instead of particular approvals
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sec.120 When infrastructure agreements under Planning Act apply instead of particular approvals
This section applies if the infrastructure agreement is made under the Planning Act . The infrastructure agreement applies instead of a PDA development approval to the extent of any inconsistency. Subsections (4) and (5) apply if— land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval. Despite the Planning Act , section 157 (2) , the infrastructure agreement applies instead of the Planning Act approval under section 157 (1) of that Act, even if the chief executive of the department in which that Act is administered has not approved the agreement. If the infrastructure agreement is made before the cessation, the agreement applies instead of the part of the water approval to the extent of any inconsistency. To remove any doubt, it is declared that subsections (4) and (5) apply whether or not the infrastructure agreement is amended before or after the cessation. s 120 sub 2019 No. 11 s 62 (sec.120-ssec.1) This section applies if the infrastructure agreement is made under the Planning Act . (sec.120-ssec.2) The infrastructure agreement applies instead of a PDA development approval to the extent of any inconsistency. (sec.120-ssec.3) Subsections (4) and (5) apply if— land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval. (sec.120-ssec.4) Despite the Planning Act , section 157 (2) , the infrastructure agreement applies instead of the Planning Act approval under section 157 (1) of that Act, even if the chief executive of the department in which that Act is administered has not approved the agreement. (sec.120-ssec.5) If the infrastructure agreement is made before the cessation, the agreement applies instead of the part of the water approval to the extent of any inconsistency. (sec.120-ssec.6) To remove any doubt, it is declared that subsections (4) and (5) apply whether or not the infrastructure agreement is amended before or after the cessation.
- (a) land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and
- (b) part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval.