Economic Development Act 2012
sec.78Lawful uses of premises protected
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sec.78 Lawful uses of premises protected
This section applies if— a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and immediately before the instrument or amendment took effect, either of the following was a lawful use of premises— a use of premises in the priority development area; a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area. Neither the relevant development instrument nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed. s 78 amd 2016 No. 17 s 105 (sec.78-ssec.1) This section applies if— a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and immediately before the instrument or amendment took effect, either of the following was a lawful use of premises— a use of premises in the priority development area; a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area. (sec.78-ssec.2) Neither the relevant development instrument nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed.
- (a) a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and
- (b) immediately before the instrument or amendment took effect, either of the following was a lawful use of premises— (i) a use of premises in the priority development area; (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.
- (i) a use of premises in the priority development area;
- (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.
- (i) a use of premises in the priority development area;
- (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.
- (a) stop the use from continuing; or
- (b) further regulate the use; or
- (c) require the use to be changed.