4Validation of certain applications

4 Validation of certain applications

(1)  A prescribed application is valid if –

(a) the application was granted on or after 17 January 1989; or

(b) the application was granted before 17 January 1989 and the proposal plan is consistent with any relevant planning scheme or interim order.

(2)  A person may apply to the Minister to declare valid a prescribed application which –

(a) was granted before 17 January 1989; and

(b) relates to a proposal plan which is not consistent with any relevant planning scheme or interim order.

(3)  The Minister may –

(a) declare valid a prescribed application referred to in subsection (2) if satisfied that the applicant incurred significant expense in carrying out or preparing to carry out the proposal plan; or

(b) refuse to declare valid the prescribed application if not so satisfied.

(4)  The granting under section 464 (3) or 469 (3) of the Local Government Act 1962 of a prescribed application which is valid under this section is valid.