Economic Development Act 2012
sec.97Provision for enforcement of PDA development conditions
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sec.97 Provision for enforcement of PDA development conditions
If there is a nominated assessing authority for a PDA development condition imposed on a PDA development approval, the Planning Act , chapter 5 , part 3 , and any other Act mentioning a development approval under the Planning Act , applies to the condition as if— the PDA development approval were a development approval under the Planning Act ; and the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and a reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence. To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition. s 97 amd 2016 No. 27 s 188 (sec.97-ssec.1) If there is a nominated assessing authority for a PDA development condition imposed on a PDA development approval, the Planning Act , chapter 5 , part 3 , and any other Act mentioning a development approval under the Planning Act , applies to the condition as if— the PDA development approval were a development approval under the Planning Act ; and the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and a reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence. (sec.97-ssec.2) To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition.
- (a) the PDA development approval were a development approval under the Planning Act ; and
- (b) the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and
- (c) a reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence.