42CWhen permit that relates to LPS amendment takes effect

42C When permit that relates to LPS amendment takes effect

[Section 42C Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  If the Commission, under section 42B(1) , grants a permit, or confirms a decision of a planning authority to grant a permit, the permit takes effect on whichever is the latest of the following dates:

(a) the date on which the Commission decides under section 40Q to approve the draft amendment of an LPS to which the permit relates;

(b) a date specified in the permit;

(c) if any other approvals under this Act or another Act are required for the proposed use or development to which the permit relates – the date on which all those approvals have been obtained;

(d) if under the permit an agreement is required to be entered into – the date on which the agreement is executed.

(2)  A permit in relation to a use or development in respect of which a permit referred to in subsection (1) is granted lapses if the use or development is not substantially commenced before the end of the period of –

(a) 2 years after the date on which the permit is granted; or

(b) 4 years after the date on which the permit is granted, if the planning authority has granted an extension under subsection (4) ; or

(c) [Section 42C Subsection (2) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024] 6 years after the date on which the permit is granted, if the planning authority has granted an extension under subsection (5) ; or

(d) [Section 42C Subsection (2) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024] 8 years after the date on which the permit is granted, if the planning authority has granted a further extension under subsection (7A) .

(3)  A person may apply to a planning authority for an extension under , or at any time before the end of the period of 6 months from the day on which the permit has lapsed.