5References in this Act to development consents

5 References in this Act to development consents

5 References in this Act to development consents

A reference in this Act:

(a) to the grant of a development consent is a reference:

(i) to the passing of a resolution whereby an approval, consent or permission to carry out development is granted by a council under Part 12A of the Local Government Act 1919, under a planning scheme or under an interim development order,

(ii) to the making of a decision under that Part, under a planning scheme or under an interim development order, by the Minister or the Authority, as a result of which a person is entitled to carry out development, and

(iii) to the delivering of a decision of the Local Government Appeals Tribunal constituted under Part 12B of the Local Government Act 1919, on an appeal under subsection (2) of section 342N of that Act, as a result of which a person is entitled to carry out development,

but where an approval, consent or permission referred to in subparagraph (i), or a decision referred to in subparagraph (ii), is subject to appeal the consent shall be deemed not to have been granted and the decision shall be deemed not to have been made until:

(iv) the expiration of one month after the grant of the development consent as referred to in subparagraph (i) (ii) or (iii), or

(v) where an appeal has been lodged, it has been finally determined or withdrawn,

whichever is the later, and

(b) to a development consent is a reference to any such resolution or decision.

s 5: Am 1971 No 78, sec 10.