38Application for permit or variation of permit

38 Application for permit or variation of permit (1) A person may apply to the Minister for the grant of an exceptional

Planning Act 1999 53 (2) An exceptional development permit may permit any of the following in relation to land: (a) a development or use of the land, although the development or use would otherwise not be lawful under the relevant planning scheme; (b) a development or use of the land in substitution for an existing use, although the development or use would otherwise not be lawful under the relevant planning scheme; (c) a modification or alteration of an existing building or existing works that would have a result other than as referred to in section 43B(1) or (2); (d) the demolition and reconstruction of an existing building that is used for an existing use of the land. (3) The owner of the land to which an exceptional development permit relates may apply for a variation of the permit. (4) An application under this section must be in the approved form containing the applicant's proposal and accompanied by the prescribed fee. (5) An application under this section that relates to a subdivision or consolidation of land in a Restricted Water Extraction Area must be accompanied by the information required by section 14C(1) of the Water Act 1992.