128Meaning of “existing petrol service station”

128 Meaning of “existing petrol service station”

128 Meaning of “existing petrol service station”

(1) In this Division, a petrol service station is an existing petrol service station if any of the following occurred before 13 November 2009—

(a) development consent was obtained under the Environmental Planning and Assessment Act 1979 for the petrol service station,

(b) the installation of the petrol service station was lawfully commenced,

(c) petrol was dispensed from the petrol service station.

(2) However, an existing petrol service station ceases to be an existing petrol service station if—

(a) the petrol station was an existing petrol station from which petrol was dispensed before 13 November 2009, and

(b) on or after that date works are carried out that—

(i) involve the breaking up of a forecourt of the petrol service station, and

(ii) involve the opening up of petrol product lines and the modification of the storage tanks, tank vents, petrol dispensers, petrol product lines or tanker connection points of the service station, and

(iii) require development consent under the Environmental Planning and Assessment Act 1979.