173Effect of approvals or advice in development applications

173 Effect of approvals or advice in development applications (1) This section applies to an entity if the territory planning authority approves a development application and— (a) if an approval of a development or certification of a thing is required by an entity before the authority can approve the development application—the entity gave a written approval or certification; or (b) if the development application was referred to the entity under section 170 or section 171—the approval is substantially consistent with the entity’s advice. (2) The entity must not act inconsistently with the development approval, certification or the advice unless— (a) more information in relation to the proposed development comes to the entity’s attention (other than information mentioned in subsection (3)); and (b) the entity did not have the information when the entity approved the development, certified the thing or gave the advice; and (c) the information is relevant to the approval of, or certification or advice in relation to, the development; and (d) the entity would not have approved the development, certified the thing or given the advice if the entity had the information.

(3) Subsection (2) (a) does not apply to information in relation to a development proposed in an application if the information— (a) was not required in the application; and (b) is required by the entity after the application is approved; and (c) is consistent in all significant respects with information already provided by the applicant, except that it is more detailed. (4) For this section, an entity acts inconsistently with a development approval, certification or advice if— (a) the entity has— (i) approved the application or certified the thing; or (ii) given advice that the entity will give an approval or other thing in relation to the development; and (b) the entity— (i) does not give an approval or other thing required for the development; or (ii) gives the approval or other thing in a way, or subject to a condition, that prevents the applicant undertaking the development approved. Example—advice that the entity will agree to the digging up of a footpath to allow the development Example—thing required for development the entity’s agreement to the digging up of a footpath to allow the development (5) Also for this section, an entity acts inconsistently with a development approval, certification or advice in relation to a development application if— (a) the approval, certification or advice states that an activity to which the approval, certification or advice relates does not require a particular authorisation (however described); and

(b) the entity prosecutes someone, or takes other compliance action, in relation to the activity because the activity is undertaken without the particular authorisation. Example—acting inconsistently An Act prohibits activity A without an approval. The entity responsible for administering the Act gives advice under s 172 that the activity (activity B) in the application does not fall within the description of activity A. The application is approved consistent with the advice. The entity cannot prosecute a person for undertaking activity B in accordance with the approved application because activity B does fall within the description of activity A and the person did not have approval. Division 7.5.4 Public notification of development