sec.85Carrying out particular development, use or works not an offence

### sec.85 Carrying out particular development, use or works not an offence Subsection (2) applies if— immediately before an approved development scheme applies to land, a use or works is lawfully being carried out on the land by a person; and after the approved development scheme applies to the land, the person continues the use or works. Sections 84A and 84B do not apply to the use or works by the person or the person’s successors in title to the land. Subsection (4) applies if— immediately before an approved development scheme applies to land, there was a prior affected development for the land; and the owner of the land has, under the approved development scheme, made a prior affected development request to the Coordinator-General to approve the development of the land for the prior affected development; and the Coordinator-General has approved the prior affected development request. Sections 84A and 84B do not apply to the development of the land for the prior affected development by the owner or the owner’s successors in title to the land. Subsection (6) applies to premises the subject of a designation under the Planning Act . Sections 84A and 84B do not apply to development carried out on the premises under the designation. s 85 prev s 85 om 2001 No. 46 s 30 (2) sch 2 pres s 85 ins 1999 No. 32 s 9 sub 2014 No. 40 s 55 amd 2016 No. 27 s 540 (sec.85-ssec.1) Subsection (2) applies if— immediately before an approved development scheme applies to land, a use or works is lawfully being carried out on the land by a person; and after the approved development scheme applies to the land, the person continues the use or works. (sec.85-ssec.2) Sections 84A and 84B do not apply to the use or works by the person or the person’s successors in title to the land. (sec.85-ssec.3) Subsection (4) applies if— immediately before an approved development scheme applies to land, there was a prior affected development for the land; and the owner of the land has, under the approved development scheme, made a prior affected development request to the Coordinator-General to approve the development of the land for the prior affected development; and the Coordinator-General has approved the prior affected development request. (sec.85-ssec.4) Sections 84A and 84B do not apply to the development of the land for the prior affected development by the owner or the owner’s successors in title to the land. (sec.85-ssec.5) Subsection (6) applies to premises the subject of a designation under the Planning Act . (sec.85-ssec.6) Sections 84A and 84B do not apply to development carried out on the premises under the designation. - (a) immediately before an approved development scheme applies to land, a use or works is lawfully being carried out on the land by a person; and - (b) after the approved development scheme applies to the land, the person continues the use or works. - (a) immediately before an approved development scheme applies to land, there was a prior affected development for the land; and - (b) the owner of the land has, under the approved development scheme, made a prior affected development request to the Coordinator-General to approve the development of the land for the prior affected development; and - (c) the Coordinator-General has approved the prior affected development request.