sec.171JEffect of temporary use licences

sec.171J Effect of temporary use licences

If a temporary use licence changes a PDA development condition of a PDA development approval, the PDA development approval is taken, for the period the licence is in effect— to be changed in the way stated in the licence; and to be subject to the conditions of the licence. If a temporary use licence changes the existing lawful use of premises, a person does not, during the period the licence is in effect, commit an offence against section 73 or 76 in relation to the changed use, unless the person contravenes a condition of the licence. Despite section 120 (2) , an infrastructure agreement under the Planning Act 2016 does not apply instead of a part of a PDA development approval changed under subsection (1) . Despite anything else in this Act or the Planning Act 2016 , development, other than a material change of use, does not stop being PDA assessable development, or prohibited development or assessable development under the Planning Act 2016 , merely because a temporary use licence has been given. s 171J ins 2020 No. 11 s 11 (sec.171J-ssec.1) If a temporary use licence changes a PDA development condition of a PDA development approval, the PDA development approval is taken, for the period the licence is in effect— to be changed in the way stated in the licence; and to be subject to the conditions of the licence. (sec.171J-ssec.2) If a temporary use licence changes the existing lawful use of premises, a person does not, during the period the licence is in effect, commit an offence against section 73 or 76 in relation to the changed use, unless the person contravenes a condition of the licence. (sec.171J-ssec.3) Despite section 120 (2) , an infrastructure agreement under the Planning Act 2016 does not apply instead of a part of a PDA development approval changed under subsection (1) . (sec.171J-ssec.4) Despite anything else in this Act or the Planning Act 2016 , development, other than a material change of use, does not stop being PDA assessable development, or prohibited development or assessable development under the Planning Act 2016 , merely because a temporary use licence has been given.

• (a) to be changed in the way stated in the licence; and
• (b) to be subject to the conditions of the licence.