sec.71AMEDQ may give PDA exemption certificate for particular PDA assessable development

sec.71A MEDQ may give PDA exemption certificate for particular PDA assessable development

MEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies— the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development; the development was categorised as PDA assessable development only because of particular circumstances that no longer apply; the development was categorised as PDA assessable development because of an error. However, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation. In deciding whether to give a PDA exemption certificate under subsection (1) , MEDQ must consider any relevant State interest. A PDA exemption certificate may be given subject to stated requirements. Without limiting subsection (4) , a PDA exemption certificate may state a period within which— the PDA assessable development, or a stated part of it, must be completed; or a use that is the natural and ordinary consequence of the PDA assessable development must start; or if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104 . To the extent the development does not comply with a requirement stated under subsection (4) or (5) , the PDA exemption certificate has no effect. A person who carries out PDA assessable development without a PDA development permit for the development does not commit an offence against section 73 (1) if the development is carried out under a PDA exemption certificate for the development. See section 73 (2) . s 71A ins 2019 No. 11 s 78 (sec.71A-ssec.1) MEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies— the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development; the development was categorised as PDA assessable development only because of particular circumstances that no longer apply; the development was categorised as PDA assessable development because of an error. (sec.71A-ssec.2) However, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation. (sec.71A-ssec.3) In deciding whether to give a PDA exemption certificate under subsection (1) , MEDQ must consider any relevant State interest. (sec.71A-ssec.4) A PDA exemption certificate may be given subject to stated requirements. (sec.71A-ssec.5) Without limiting subsection (4) , a PDA exemption certificate may state a period within which— the PDA assessable development, or a stated part of it, must be completed; or a use that is the natural and ordinary consequence of the PDA assessable development must start; or if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104 . (sec.71A-ssec.6) To the extent the development does not comply with a requirement stated under subsection (4) or (5) , the PDA exemption certificate has no effect.