187Conditional approvals

187 Conditional approvals (1) An approval under section 185 (1)— (a) must include any condition required to be included by the territory plan; and

(b) must not include a condition inconsistent with a condition required to be included by the territory plan; and (c) if the development application is for the subdivision of a units plan under the Unit Titles Act 2001, section 165B (Subdivision of units plan—application)—must include a condition that the units plan is cancelled; and (d) if a conditional environmental significance opinion has been given in relation to the development—must include a condition that the development comply with the condition in the environmental significance opinion; and Note An application to amend a development approval must be refused if the changed development proposal would be in breach of the condition relating to the conditional environmental significance opinion (see s 206 (2) (a)). (e) if the application is for approval of a development on subleased (i) may include a condition that the sublessee develops unleased land in a stated way; and (ii) must not include a condition inconsistent with the lease under which the sublease is granted; and (f) if the application is for approval of a development that includes works in a declared site or the protection zone of a protected tree under the Urban Forest Act 2023—must include a condition that the development comply with any of the following that apply in relation to the declared site or the tree: (i) a tree management plan; (ii) a canopy contribution agreement; (iii) a tree bond agreement; (iv) any other agreement or undertaking to do something or not do something in relation to the declared site or the tree.

(2) The following are examples of the conditions subject to which development approval in relation to land may be given: (a) the development, or a stated stage of the development, must be undertaken to the satisfaction of a stated entity; (b) the development, or a stated stage of the development, must be undertaken within a period stated in or under the approval; (c) the approval does not take effect unless a stated approval is revoked, amended or given; (d) a lease relating to the land must be varied and the variation registered under the Land Titles Act 1925; (e) an existing licence must be varied; (f) another approval relating to the land must be surrendered; (g) stated things must be done to prevent or minimise adverse environmental impacts; (h) an offset condition; (i) for an approval relating to use of the land, or of a building or other structure on the land—the use may take place only in stated circumstances or at stated times; (j) for an approval to undertake a development for a stated period— (i) building works or other works undertaken in or on a place the subject of the approval must be removed at the end of the period; or (ii) that the site where the development is to take place is to be restored to a particular state at the end of the period; (k) a bond must be entered into securing performance against the conditions of the approval;