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South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.147Development approval involving a water connection aspect given after commencement of Planning Act
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### sec.147 Development approval involving a water connection aspect given after commencement of Planning Act
This section applies to a development approval involving a water connection aspect if—
the approval is given after the commencement of the Planning Act; and
the approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and
either—
the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or
the approval was given for a defined related application.
On and from the development approval taking effect—
the Planning Act does not apply to the water connection aspect of the development approval; and
the water connection aspect of the development approval is taken to be a water approval for a staged water connection; and
any conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.
s 147 ins 2016 No. 27 s 499
(sec.147-ssec.1) This section applies to a development approval involving a water connection aspect if— the approval is given after the commencement of the Planning Act; and the approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and either— the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or the approval was given for a defined related application.
(sec.147-ssec.2) On and from the development approval taking effect— the Planning Act does not apply to the water connection aspect of the development approval; and the water connection aspect of the development approval is taken to be a water approval for a staged water connection; and any conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.
- (a) the approval is given after the commencement of the Planning Act; and
- (b) the approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and
- (c) either— (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or (ii) the approval was given for a defined related application.
- (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or
- (ii) the approval was given for a defined related application.
- (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or
- (ii) the approval was given for a defined related application.
- (a) the Planning Act does not apply to the water connection aspect of the development approval; and
- (b) the water connection aspect of the development approval is taken to be a water approval for a staged water connection; and
- (c) any conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.