sec.12ETown planning provisions

### sec.12E Town planning provisions Despite the Planning Act , the local government’s planning scheme under that Act does not apply to the adjacent site. However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect. For the Planning Act , the use of land or a building or other structure in a part of a zone of the adjacent site for an approved use for the part is taken to be a lawful use under that Act. A person must not use land, or erect or use a building or other structure, in a part of a zone of the adjacent site for a use that is not an approved use for the part. Maximum penalty—20 penalty units. Notwithstanding subsection (4) , any building or other structure that, immediately before the commencement of section 19 of the Sanctuary Cove Resort Act Amendment Act 1989 , was within the administration zone may, on and from that commencement, be used for any purpose for which buildings or structures within the administration zone are permitted to be used until 31 December 1996 or such later date as is declared by order in council made before 31 December 1996. In this section— erect , in relation to a building or other structure, includes the following— doing work for the purpose of erecting the building or structure; carrying out structural work, alterations or additions or rebuilding the building or structure; moving the building or structure or rebuilding it, with or without alteration— within a parcel of land; or from one parcel of land to another parcel of land; or so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. s 12E ins 1987 No. 91 s 11 amd 1989 No. 114 s 8 ; 2009 No. 26 s 68 ; 2016 No. 27 s 442 ; 2019 No. 11 s 219 (sec.12E-ssec.1) Despite the Planning Act , the local government’s planning scheme under that Act does not apply to the adjacent site. (sec.12E-ssec.2) However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect. (sec.12E-ssec.3) For the Planning Act , the use of land or a building or other structure in a part of a zone of the adjacent site for an approved use for the part is taken to be a lawful use under that Act. (sec.12E-ssec.4) A person must not use land, or erect or use a building or other structure, in a part of a zone of the adjacent site for a use that is not an approved use for the part. Maximum penalty—20 penalty units. (sec.12E-ssec.4A) Notwithstanding subsection (4) , any building or other structure that, immediately before the commencement of section 19 of the Sanctuary Cove Resort Act Amendment Act 1989 , was within the administration zone may, on and from that commencement, be used for any purpose for which buildings or structures within the administration zone are permitted to be used until 31 December 1996 or such later date as is declared by order in council made before 31 December 1996. (sec.12E-ssec.5) In this section— erect , in relation to a building or other structure, includes the following— doing work for the purpose of erecting the building or structure; carrying out structural work, alterations or additions or rebuilding the building or structure; moving the building or structure or rebuilding it, with or without alteration— within a parcel of land; or from one parcel of land to another parcel of land; or so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. - (a) doing work for the purpose of erecting the building or structure; - (b) carrying out structural work, alterations or additions or rebuilding the building or structure; - (c) moving the building or structure or rebuilding it, with or without alteration— (i) within a parcel of land; or (ii) from one parcel of land to another parcel of land; or (iii) so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. - (i) within a parcel of land; or - (ii) from one parcel of land to another parcel of land; or - (iii) so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. - (i) within a parcel of land; or - (ii) from one parcel of land to another parcel of land; or - (iii) so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land.