42CWhen permit that relates to LPS amendment takes effect

### 42C When permit that relates to LPS amendment takes effect > [*\[Section 42C Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  If the Commission, under [section 42B(1)](#GS42B@Gs1@EN) , 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](#GS40Q@EN) 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)](#GS42C@Gs1@EN) 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)](#GS42C@Gs4@EN) ; or > > > > > > > (c) [*\[Section 42C Subsection (2) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpa@EN) 6 years after the date on which the permit is granted, if the planning authority has granted an extension under [subsection (5)](#GS42C@Gs5@EN) ; or > > > > > > > (d) [*\[Section 42C Subsection (2) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpb@EN) 8 years after the date on which the permit is granted, if the planning authority has granted a further extension under [subsection (7A)](#GS42C@Gs7A@EN) . > > > (3)  [*\[Section 42C Subsection (3) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpc@EN) A person may apply to a planning authority for an extension under [subsection (4)](#GS42C@Gs4@EN) , [(5)](#GS42C@Gs5@EN) or [(7A)](#GS42C@Gs7A@EN) at any time before the end of the period of 6 months from the day on which the permit has lapsed. > > > (4)  If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (2)(a)](#GS42C@Gs2@Hpa@EN) , the planning authority may grant, once only, an extension of the period during which that use or development must be substantially commenced. > > > (5)  [*\[Section 42C Subsection (5) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpd@EN) If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (2)(b)](#GS42C@Gs2@Hpb@EN) , the planning authority may grant, once only, an extension of the period during which that use or development must be substantially commenced. > > > (6)  [*\[Section 42C Subsection (6) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpe@EN) In determining whether to grant an extension of the period of a permit under [subsection (4)](#GS42C@Gs4@EN) , [(5)](#GS42C@Gs5@EN) or [(7A)](#GS42C@Gs7A@EN) , the planning authority may consider any matter it thinks fit, including whether the SPPs or an LPS has been amended since the permit was issued. > > > (7)  [*\[Section 42C Subsection (7) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpg@EN) [*\[Section 42C Subsection (7) amended by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hpf@EN) If an application is made under [subsection (3)](#GS42C@Gs3@EN) , for an extension under [subsection (4)](#GS42C@Gs4@EN) , [(5)](#GS42C@Gs5@EN) or [(7A)](#GS42C@Gs7A@EN) of a permit, within the end of the period of 6 months from the day on which the permit has lapsed and the period of a permit is extended under [subsection (4)](#GS42C@Gs4@EN) , [(5)](#GS42C@Gs5@EN) or [(7A)](#GS42C@Gs7A@EN) , the permit is to be taken to not have lapsed on that day. > > > (7A)  [*\[Section 42C Subsection (7A) inserted by No. 31 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-031#GS4@Hph@EN) The planning authority may grant, only once, a further extension of a permit that would otherwise lapse under [subsection (2)(c)](#GS42C@Gs2@Hpc@EN) if – > > > > > > (a) the planning authority is satisfied that, due to the technical or complex nature of the use or development in respect of which the permit was granted, the use or development is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under [subsection (2)(c)](#GS42C@Gs2@Hpc@EN) ; and > > > > > > > (b) the further extension of the permit, by the planning authority, would enable that use or development to substantially commence.