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State Development and Public Works Organisation Act 1971
sec.157AWhat is an enforceable condition
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### sec.157A What is an enforceable condition
An enforceable condition is any of the following—
a condition mentioned in section 34D (3) (b) or (d) , 34L (3) (b) or (d) , 35I (2) , 62 or 71 ;
a requirement recommended under section 35I (2) (b) or 43 that has been included in a designation under the Planning Act , chapter 2 , part 5 ;
a stated condition recommended under section 35I (2) (b) or section 52 that has become part of an approval under another Act mentioned in part 4 , division 7 (a relevant approval );
a condition imposed under section 76O ;
a condition of an environmental approval under part 4A ;
a condition of an SDA approval;
a requirement stated in an approved development scheme for carrying out SDA self-assessable development.
To remove any doubt, it is declared that a condition or requirement mentioned in subsection (1) continues to be an enforceable condition even though—
it has become part of a relevant approval; or
it has been amended under this Act; or
the enforceable condition, as a part of a relevant approval, has been amended under another Act.
s 157A ins 2008 No. 75 s 112
amd 2009 No. 36 s 872 sch 2 ; 2014 No. 36 s 52A ; 2014 No. 40 s 63 ; 2016 No. 27 s 542
(sec.157A-ssec.1) An enforceable condition is any of the following— a condition mentioned in section 34D (3) (b) or (d) , 34L (3) (b) or (d) , 35I (2) , 62 or 71 ; a requirement recommended under section 35I (2) (b) or 43 that has been included in a designation under the Planning Act , chapter 2 , part 5 ; a stated condition recommended under section 35I (2) (b) or section 52 that has become part of an approval under another Act mentioned in part 4 , division 7 (a relevant approval ); a condition imposed under section 76O ; a condition of an environmental approval under part 4A ; a condition of an SDA approval; a requirement stated in an approved development scheme for carrying out SDA self-assessable development.
(sec.157A-ssec.2) To remove any doubt, it is declared that a condition or requirement mentioned in subsection (1) continues to be an enforceable condition even though— it has become part of a relevant approval; or it has been amended under this Act; or the enforceable condition, as a part of a relevant approval, has been amended under another Act.
- (a) a condition mentioned in section 34D (3) (b) or (d) , 34L (3) (b) or (d) , 35I (2) , 62 or 71 ;
- (b) a requirement recommended under section 35I (2) (b) or 43 that has been included in a designation under the Planning Act , chapter 2 , part 5 ;
- (c) a stated condition recommended under section 35I (2) (b) or section 52 that has become part of an approval under another Act mentioned in part 4 , division 7 (a relevant approval );
- (d) a condition imposed under section 76O ;
- (e) a condition of an environmental approval under part 4A ;
- (f) a condition of an SDA approval;
- (g) a requirement stated in an approved development scheme for carrying out SDA self-assessable development.
- (a) it has become part of a relevant approval; or
- (b) it has been amended under this Act; or
- (c) the enforceable condition, as a part of a relevant approval, has been amended under another Act.