sec.140CDevelopment application for development approval—distributor-retailers

### sec.140C Development application for development approval—distributor-retailers This section applies to a development application to which the repealed SPA, section 959B or 959C applies if the application is for a material change of use of premises or reconfiguring a lot under the repealed SPA . Despite the repealed SPA , sections 959B (3) and 959C (3) , for the aspect of the application for which a distributor-retailer or its participating local government is a concurrence agency— the following provisions of the unamended repealed SPA do not apply for deciding the application— chapter 8; section 347(1)(b); chapter 9, part 7A, division 5; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application— as if a reference to an application for a water approval were a reference to a development application; and as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and as if a reference to a water approval were a reference to a development approval; and as if a reference to a water approval condition were a reference to a condition of a development approval; and as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and with any other necessary changes. The distributor-retailer or its participating local government may, under chapter 4C, part 7, impose on any development approval given for the development application a condition about infrastructure for the distributor-retailer’s water service or wastewater service as if the development approval were a water approval. To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (3), the condition is a condition of the development approval. The water connection aspect of a development approval given for a development application to which the repealed SPA , section 959B or 959C applies becomes a water approval under section 135. s 140C ins 2014 No. 36 s 48 amd 2016 No. 27 s 496 (sec.140C-ssec.1) This section applies to a development application to which the repealed SPA, section 959B or 959C applies if the application is for a material change of use of premises or reconfiguring a lot under the repealed SPA . (sec.140C-ssec.2) Despite the repealed SPA , sections 959B (3) and 959C (3) , for the aspect of the application for which a distributor-retailer or its participating local government is a concurrence agency— the following provisions of the unamended repealed SPA do not apply for deciding the application— chapter 8; section 347(1)(b); chapter 9, part 7A, division 5; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application— as if a reference to an application for a water approval were a reference to a development application; and as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and as if a reference to a water approval were a reference to a development approval; and as if a reference to a water approval condition were a reference to a condition of a development approval; and as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and with any other necessary changes. (sec.140C-ssec.3) The distributor-retailer or its participating local government may, under chapter 4C, part 7, impose on any development approval given for the development application a condition about infrastructure for the distributor-retailer’s water service or wastewater service as if the development approval were a water approval. (sec.140C-ssec.4) To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (3), the condition is a condition of the development approval. The water connection aspect of a development approval given for a development application to which the repealed SPA , section 959B or 959C applies becomes a water approval under section 135. - (a) the following provisions of the unamended repealed SPA do not apply for deciding the application— (i) chapter 8; (ii) section 347(1)(b); (iii) chapter 9, part 7A, division 5; and - (i) chapter 8; - (ii) section 347(1)(b); - (iii) chapter 9, part 7A, division 5; and - (b) section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application— (i) as if a reference to an application for a water approval were a reference to a development application; and (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and (iii) as if a reference to a water approval were a reference to a development approval; and (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and (vi) with any other necessary changes. - (i) as if a reference to an application for a water approval were a reference to a development application; and - (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and - (iii) as if a reference to a water approval were a reference to a development approval; and - (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and - (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and - (vi) with any other necessary changes. - (i) chapter 8; - (ii) section 347(1)(b); - (iii) chapter 9, part 7A, division 5; and - (i) as if a reference to an application for a water approval were a reference to a development application; and - (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and - (iii) as if a reference to a water approval were a reference to a development approval; and - (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and - (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and - (vi) with any other necessary changes.