sec.71When development approval has effect

### sec.71 When development approval has effect Generally, a development approval starts to have effect when the approval is given, or taken to have been given, to the applicant. However— if an appeal about the approval is started, and subject to the outcome of the appeal—the approval starts to have effect when the appeal ends; or if no appeal about the approval is started, but there was a submitter for the development application who had not given the assessment manager a notice withdrawing the submitter’s submission before the application was decided—the approval starts to have effect on the day after the first of the following happens— the last submitter gives the assessment manager notice that the submitter will not be appealing the decision; the last appeal period for the development approval ends. If a submitter for the development application gives the assessment manager notice that the submitter will not be appealing the decision on the application, the assessment manager must give the applicant a copy of the notice. Despite subsections (1) and (2) , if land that is the subject of an acquisition approval is taken or acquired under this Act, the Acquisition Act or the State Development Act after the approval would otherwise take effect under subsection (1) or (2) , the approval starts to have effect when the land is taken or acquired. The part of a variation approval that is a categorising instrument applies instead of a local planning instrument, to the extent of any inconsistency, until— the development is completed; or the variation approval lapses under section 88 (2) . In this section— acquisition approval , for acquisition land, means a development approval that relates to the purpose for which the land is to be taken or acquired. submitter includes an advice agency that, in its referral agency’s response, has told the assessment manager to treat the response as a properly made submission. s 71 amd 2019 No. 11 s 152 ; 2024 No. 13 s 39 (sec.71-ssec.1) Generally, a development approval starts to have effect when the approval is given, or taken to have been given, to the applicant. (sec.71-ssec.2) However— if an appeal about the approval is started, and subject to the outcome of the appeal—the approval starts to have effect when the appeal ends; or if no appeal about the approval is started, but there was a submitter for the development application who had not given the assessment manager a notice withdrawing the submitter’s submission before the application was decided—the approval starts to have effect on the day after the first of the following happens— the last submitter gives the assessment manager notice that the submitter will not be appealing the decision; the last appeal period for the development approval ends. (sec.71-ssec.3) If a submitter for the development application gives the assessment manager notice that the submitter will not be appealing the decision on the application, the assessment manager must give the applicant a copy of the notice. (sec.71-ssec.4) Despite subsections (1) and (2) , if land that is the subject of an acquisition approval is taken or acquired under this Act, the Acquisition Act or the State Development Act after the approval would otherwise take effect under subsection (1) or (2) , the approval starts to have effect when the land is taken or acquired. (sec.71-ssec.5) The part of a variation approval that is a categorising instrument applies instead of a local planning instrument, to the extent of any inconsistency, until— the development is completed; or the variation approval lapses under section 88 (2) . (sec.71-ssec.6) In this section— acquisition approval , for acquisition land, means a development approval that relates to the purpose for which the land is to be taken or acquired. submitter includes an advice agency that, in its referral agency’s response, has told the assessment manager to treat the response as a properly made submission. - (a) if an appeal about the approval is started, and subject to the outcome of the appeal—the approval starts to have effect when the appeal ends; or - (b) if no appeal about the approval is started, but there was a submitter for the development application who had not given the assessment manager a notice withdrawing the submitter’s submission before the application was decided—the approval starts to have effect on the day after the first of the following happens— (i) the last submitter gives the assessment manager notice that the submitter will not be appealing the decision; (ii) the last appeal period for the development approval ends. - (i) the last submitter gives the assessment manager notice that the submitter will not be appealing the decision; - (ii) the last appeal period for the development approval ends. - (i) the last submitter gives the assessment manager notice that the submitter will not be appealing the decision; - (ii) the last appeal period for the development approval ends. - (a) the development is completed; or - (b) the variation approval lapses under section 88 (2) .