62What conditions can be put on permits?

62 What conditions can be put on permits?

(1) In deciding to grant a permit, the responsible authority must—

S. 62(1)(a) amended by No. 3/2013 s. 22(1).

(a) include any condition which the planning scheme or a relevant determining referral authority requires to be included; and

S. 62(1)(aa) inserted by No. 100/2000 s. 10(1).

(aa) if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, include a condition that the permit is not to come into effect until the covenant is removed or varied; and

S. 62(1)(b) amended by No. 100/2000 s. 10(2).

(b) not include additional conditions which conflict with any condition included under paragraph (a) or (aa).

(2) The responsible authority may include any other condition that it thinks fit including—

S. 62(2)(a) amended by No. 86/1989 s. 25(b).

(a) a condition that specified things are to be done to the satisfaction of the responsible authority a Minister, public authority, municipal council or referral authority; and

S. 62(2)(ab) inserted by No. 3/2013 s. 22(2).

(ab) a condition recommended by a recommending referral authority; and

(b) a condition that the permit is not to come into effect unless a specified permit is cancelled or amended; and

(c) in relation to a permit for a use for a specified time, a condition that—

(i) any development carried out on the land under the permit is to be removed at the end of the specified time; or

(ii) the land is to be restored to a specified state at the end of the specified time; and

(d) a condition that the development is to be carried out in stages over the periods specified in or under the permit; and

(e) a condition providing that no compensation is payable under Part 5 in respect of anything done under the permit or setting out—

(i) the circumstances in which compensation will be paid for anything done under the permit; and

(ii) the amount, or the method of determining the amount, of compensation payable; and

S. 62(2)(f) amended by No. 53/1988 s. 45(Sch. 2 item 32A) (as amended by No. 47/1989 s. 13(2)).

(f) a condition that the owner of the land or applicant for the permit in anticipation of the applicant becoming owner of the land is to enter into an agreement with the responsible authority under section 173 within a specified period or before the use or development or a specified part of it starts; and

S. 62(2)(g) amended by Nos 53/1988 s. 45(Sch. 2 item 32B) (as amended by No. 47/1989 s. 13(2)), 93/1995 s. 218(1)(Sch. 2 item 7.2), 7/2017 s. 305(2).