Mixed Use Development Act 1993
sec.40Application for subsequent stages
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sec.40 Application for subsequent stages
An application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval. The future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage . Division 1 applies to the application for approval of a subsequent stage. However, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter. The application may be made only if— all necessary amounts have been paid to the local authority; and all necessary undertakings and securities have been given to, or lodged with, the local authority; under an agreement entered into between the applicant and the local authority. The application must— indicate that the subsequent stage is to be divided into precincts; and specify— the name of each precinct; and generally, the intended development of each precinct; and the permitted uses of the land within each precinct; and be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate. An application in relation to a subsequent stage in a future development area may be made at any time. Land in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme. s 40 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.40-ssec.1) An application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval. (sec.40-ssec.2) The future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage . (sec.40-ssec.3) Division 1 applies to the application for approval of a subsequent stage. (sec.40-ssec.4) However, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter. (sec.40-ssec.5) The application may be made only if— all necessary amounts have been paid to the local authority; and all necessary undertakings and securities have been given to, or lodged with, the local authority; under an agreement entered into between the applicant and the local authority. (sec.40-ssec.6) The application must— indicate that the subsequent stage is to be divided into precincts; and specify— the name of each precinct; and generally, the intended development of each precinct; and the permitted uses of the land within each precinct; and be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate. (sec.40-ssec.7) An application in relation to a subsequent stage in a future development area may be made at any time. (sec.40-ssec.8) Land in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme.