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Planning Act 2016
sec.350Validation of particular operational work
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### sec.350 Validation of particular operational work
This section applies in relation to operational work, that is the clearing of native vegetation, if the work was carried out—
on or after 15 September 2000 but before the commencement; and
without a development approval.
The carrying out of the work without a development approval is, and is taken to have always been, as valid and lawful as it would have been if, at the time the work was carried out, a reference to infrastructure in a relevant provision included a reference to a building, or other structure, built or used for any purpose.
In this section—
relevant provision means—
in relation to operational work carried out before 4 October 2004—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or
in relation to operational work carried out on or after 4 October 2004 but before 18 December 2009—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or
in relation to operational work carried out on or after 18 December 2009 but before 3 July 2017—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or
in relation to operational work carried out on or after 3 July 2017—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .
s 350 ins 2019 No.17 s 357B
(sec.350-ssec.1) This section applies in relation to operational work, that is the clearing of native vegetation, if the work was carried out— on or after 15 September 2000 but before the commencement; and without a development approval.
(sec.350-ssec.2) The carrying out of the work without a development approval is, and is taken to have always been, as valid and lawful as it would have been if, at the time the work was carried out, a reference to infrastructure in a relevant provision included a reference to a building, or other structure, built or used for any purpose.
(sec.350-ssec.3) In this section— relevant provision means— in relation to operational work carried out before 4 October 2004—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or in relation to operational work carried out on or after 4 October 2004 but before 18 December 2009—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or in relation to operational work carried out on or after 18 December 2009 but before 3 July 2017—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or in relation to operational work carried out on or after 3 July 2017—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .
- (a) on or after 15 September 2000 but before the commencement; and
- (b) without a development approval.
- (a) in relation to operational work carried out before 4 October 2004—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or
- (b) in relation to operational work carried out on or after 4 October 2004 but before 18 December 2009—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or
- (c) in relation to operational work carried out on or after 18 December 2009 but before 3 July 2017—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or
- (d) in relation to operational work carried out on or after 3 July 2017—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .