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Environmental Protection Regulation 2019
sec.215Application of sch 2, pt 2A generally
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### sec.215 Application of sch 2, pt 2A generally
Schedule 2, part 2A does not apply during the transitional period.
Also, after the end of the transitional period, schedule 2, part 2A does not apply to premises to which a development approval attaches, while the development approval is in effect, if the development approval—
was in effect immediately before the commencement; and
is for—
operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or
a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.
In this section—
development approval see the Planning Act 2016 , schedule 2.
high value agriculture clearing means high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.
irrigated high value agriculture clearing means irrigated high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.
material change of use , of premises, see the Planning Act 2016 , schedule 2.
operational work see the Planning Act 2016 , schedule 2.
premises see the Planning Act 2016 , schedule 2.
transitional period means the period that starts on the commencement and ends 6 months after the commencement.
See section 216 in relation to the application of this section.
s 215 ins 2019 SL No. 234 s 10
amd 2020 SL No. 77 s 4
(sec.215-ssec.1) Schedule 2, part 2A does not apply during the transitional period.
(sec.215-ssec.2) Also, after the end of the transitional period, schedule 2, part 2A does not apply to premises to which a development approval attaches, while the development approval is in effect, if the development approval— was in effect immediately before the commencement; and is for— operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.
(sec.215-ssec.3) In this section— development approval see the Planning Act 2016 , schedule 2. high value agriculture clearing means high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018. irrigated high value agriculture clearing means irrigated high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018. material change of use , of premises, see the Planning Act 2016 , schedule 2. operational work see the Planning Act 2016 , schedule 2. premises see the Planning Act 2016 , schedule 2. transitional period means the period that starts on the commencement and ends 6 months after the commencement.
- (a) was in effect immediately before the commencement; and
- (b) is for— (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.
- (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or
- (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.
- (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or
- (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.