37Abandonment of existing use

37 Abandonment of existing use (1) If a person discontinues an existing use of land for a continuous period of not less than 12 months, or a longer period as determined by the Minister, the person is conclusively presumed to have abandoned that use. (2) Within 12 months after an existing use of land is discontinued, an owner of the land or a person authorised in writing by the owner may apply to the Minister in writing for an extension of the period referred to in subsection (1).

Planning Act 1999 52 (3) The Minister may determine the application by extending or refusing to extend the period during which the existing use may be discontinued without a person being conclusively presumed to have abandoned the use.