130BExemptions—boundary changes—the Act, s 159(4)

#### 130B Exemptions—boundary changes—the Act, s 159(4) 130B Exemptions—boundary changes—the Act, s 159(4) > > (1) The Act, section 90D extends to land as if it were relevant land if— > > > > > (a) the land is adjacent to food and drink premises, and > > > > > (b) the use of the land as an outdoor dining area associated with the food and drink premises is exempt development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 2, Division 1, Subdivision 20B or 20C, and > > > > > (c) the proposed change to the boundary of the licensed premises under this clause continues while the temporary boundary approval remains in force if the land use is exempt development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 2, Division 1, Subdivision 20B or 20C. > > > (2) Despite subclause (1), the Act, section 90C applies in relation to giving the Commissioner of Police a reasonable opportunity to make submissions and the taking of the submissions, if any, into consideration. > > > (2A) A person who makes an application for a change to the boundaries of licensed premises is exempt from— > > > > > (a) the Act, section 90B(3)(a) if the application is accompanied by evidence that an application has been made for the relevant planning approval, or > > > > > (b) the Act, section 90B(3)(b) unless the application relates to— > > > > > > > (i) a temporary change to the boundaries, and > > > > > > > (ii) a building or structure on the land owned by the other person. > > > (3) In this clause— > > > > food and drink premises has the same meaning as in the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155). > > **cl 130B:** Ins 2020 (610), Sch 1\[19\]. Am 2021 (61), Sch 1\[5\]–\[9\]; 2021 (593), Sch 1\[1\]–\[4\]; 2021 (594), Sch 2\[18\] \[19\]. Subst 2021 No 32, Sch 1.9\[1\]. Am 2022 (41), sec 3; 2022 (318), Sch 1\[3\]; 2023 No 53, Sch 3\[32\]; 2024 (254), Sch 1\[16\]; 2026 (8), Sch 1\[31\]–\[34\].