sec.148Defined related application made after commencement—water approval conditions

### sec.148 Defined related application made after commencement—water approval conditions This section applies to a defined related application made after the commencement. For deciding the water connection aspect of the application— the Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to— an application for a water approval were a reference to a defined related application; and an applicant for a water approval were a reference to an applicant for a defined related application; and a water approval were a reference to a development approval; and a water approval condition were a reference to a condition of a development approval; and a distributor-retailer were a reference to a referral agency for the defined related application; and the applied provisions apply to the application with any other necessary changes. Subsection (4) applies if a distributor-retailer or a participating local government— is a referral agency under the Planning Act for a defined related application that is a development application; or was a concurrence agency under the repealed SPA for a defined related application that is an existing development application. The distributor-retailer or participating local government may, under chapter 4C, part 7, impose on a development approval given for the defined related application a condition about infrastructure for the distributor-retailer’s water infrastructure, 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 (4), the condition is a condition of the development approval. s 148 ins 2016 No. 27 s 499 (sec.148-ssec.1) This section applies to a defined related application made after the commencement. (sec.148-ssec.2) For deciding the water connection aspect of the application— the Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to— an application for a water approval were a reference to a defined related application; and an applicant for a water approval were a reference to an applicant for a defined related application; and a water approval were a reference to a development approval; and a water approval condition were a reference to a condition of a development approval; and a distributor-retailer were a reference to a referral agency for the defined related application; and the applied provisions apply to the application with any other necessary changes. (sec.148-ssec.3) Subsection (4) applies if a distributor-retailer or a participating local government— is a referral agency under the Planning Act for a defined related application that is a development application; or was a concurrence agency under the repealed SPA for a defined related application that is an existing development application. (sec.148-ssec.4) The distributor-retailer or participating local government may, under chapter 4C, part 7, impose on a development approval given for the defined related application a condition about infrastructure for the distributor-retailer’s water infrastructure, as if the development approval were a water approval. (sec.148-ssec.5) To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (4), the condition is a condition of the development approval. - (a) the Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and - (b) section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to— (i) an application for a water approval were a reference to a defined related application; and (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and (iii) a water approval were a reference to a development approval; and (iv) a water approval condition were a reference to a condition of a development approval; and (v) a distributor-retailer were a reference to a referral agency for the defined related application; and - (i) an application for a water approval were a reference to a defined related application; and - (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and - (iii) a water approval were a reference to a development approval; and - (iv) a water approval condition were a reference to a condition of a development approval; and - (v) a distributor-retailer were a reference to a referral agency for the defined related application; and - (c) the applied provisions apply to the application with any other necessary changes. - (i) an application for a water approval were a reference to a defined related application; and - (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and - (iii) a water approval were a reference to a development approval; and - (iv) a water approval condition were a reference to a condition of a development approval; and - (v) a distributor-retailer were a reference to a referral agency for the defined related application; and - (a) is a referral agency under the Planning Act for a defined related application that is a development application; or - (b) was a concurrence agency under the repealed SPA for a defined related application that is an existing development application.