sec.94HTransfer of public housing premises

### sec.94H Transfer of public housing premises For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service. Without limiting subsection (1) , the transfer may include— a transfer, from the provider of relevant public housing, to— an individual; or an entity that provides a housing service that is not the provision of relevant public housing; or a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual. Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service. Subsection (3) applies even if the premises— immediately before the transfer, are not occupied by an individual as a residence; or have never been occupied by an individual as a residence. Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises. s 94H ins 2016 No. 11 s 4 amd 2019 No. 11 s 118 (sec.94H-ssec.1) For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service. (sec.94H-ssec.2) Without limiting subsection (1) , the transfer may include— a transfer, from the provider of relevant public housing, to— an individual; or an entity that provides a housing service that is not the provision of relevant public housing; or a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual. (sec.94H-ssec.3) Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service. (sec.94H-ssec.4) Subsection (3) applies even if the premises— immediately before the transfer, are not occupied by an individual as a residence; or have never been occupied by an individual as a residence. (sec.94H-ssec.5) Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises. - (a) a transfer, from the provider of relevant public housing, to— (i) an individual; or (ii) an entity that provides a housing service that is not the provision of relevant public housing; or - (i) an individual; or - (ii) an entity that provides a housing service that is not the provision of relevant public housing; or - (b) a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual. - (i) an individual; or - (ii) an entity that provides a housing service that is not the provision of relevant public housing; or - (a) immediately before the transfer, are not occupied by an individual as a residence; or - (b) have never been occupied by an individual as a residence.