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, 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, 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.

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].