sec.343Validation provision for particular development approvals

### sec.343 Validation provision for particular development approvals This section applies to a development approval in effect immediately before the commencement if— the development application, or a change application that was approved for the development approval, was assessed under section 45(3) or (5); and in carrying out the assessment, the assessment manager or responsible entity gave weight to a statutory instrument that came into effect after the development application was properly made, or the change application was made, but before the application was decided; and the assessment manager would have been required to assess, or could have assessed, the development application or change application against, or having regard to, the statutory instrument if the instrument had been in effect when the development application was properly made or the change application was made; and the statutory instrument is not an amended or replacement statutory instrument to which the assessment manager or responsible entity may give weight under former section 45(7). The development approval is not invalid merely because the assessment manager or responsible entity gave weight to the statutory instrument. See also section 356. s 343 ins 2019 No. 11 s 182 amd 2024 No. 13 s 36 (sec.343-ssec.1) This section applies to a development approval in effect immediately before the commencement if— the development application, or a change application that was approved for the development approval, was assessed under section 45(3) or (5); and in carrying out the assessment, the assessment manager or responsible entity gave weight to a statutory instrument that came into effect after the development application was properly made, or the change application was made, but before the application was decided; and the assessment manager would have been required to assess, or could have assessed, the development application or change application against, or having regard to, the statutory instrument if the instrument had been in effect when the development application was properly made or the change application was made; and the statutory instrument is not an amended or replacement statutory instrument to which the assessment manager or responsible entity may give weight under former section 45(7). (sec.343-ssec.2) The development approval is not invalid merely because the assessment manager or responsible entity gave weight to the statutory instrument. - (a) the development application, or a change application that was approved for the development approval, was assessed under section 45(3) or (5); and - (b) in carrying out the assessment, the assessment manager or responsible entity gave weight to a statutory instrument that came into effect after the development application was properly made, or the change application was made, but before the application was decided; and - (c) the assessment manager would have been required to assess, or could have assessed, the development application or change application against, or having regard to, the statutory instrument if the instrument had been in effect when the development application was properly made or the change application was made; and - (d) the statutory instrument is not an amended or replacement statutory instrument to which the assessment manager or responsible entity may give weight under former section 45(7).