Economic Development Act 2012
sec.51AIConditions and enforcement authorities under Planning Act
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sec.51AI Conditions and enforcement authorities under Planning Act
A PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act , even if the condition could not be imposed under that Act. The enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if— for a Planning Act approval for former PDA land—the land had never been in a priority development area; and for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made. s 51AI ins 2019 No. 11 s 39 (sec.51AI-ssec.1) A PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act , even if the condition could not be imposed under that Act. (sec.51AI-ssec.2) The enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if— for a Planning Act approval for former PDA land—the land had never been in a priority development area; and for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.
- (a) for a Planning Act approval for former PDA land—the land had never been in a priority development area; and
- (b) for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and
- (c) a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.