4Validation of certain actions

4 Validation of certain actions

(1)  Development on an actively mobile landform is taken to be consistent with, and to have always been consistent with, Outcome 1.4.1 if a LUPA permit was issued, or purportedly issued, for that development during the validation period.

(2)  Outcome 1.4.2 does not apply, and is taken to have never applied, in respect of development on an actively mobile landform or an application made in respect of such development, if a LUPA permit was issued, or purportedly issued, for that development during the validation period.

(3)  For the avoidance of doubt, a LUPA permit issued, or purportedly issued, in good faith by a council during the validation period is not invalid by reason only that the issuing, or purported issuing, of that LUPA permit was contrary to Outcome 1.4.2.

(4)  Any act or thing done or omitted or required to be done or omitted in pursuance of, in reliance on, or arising from, the issuing, or purported issuing, of a LUPA permit during the validation period is taken to have been validly done or omitted or required to have been done or omitted.

(5)  For the avoidance of doubt, any act, or omission or requirement, validated under subsection (4) is only validated to the extent that the act, omission or requirement would otherwise have been invalidated due to the following:

(a) development on an actively mobile landform that was not consistent with Outcome 1.4.1;

(b) the issue, or purported issue, of a LUPA permit in contravention of Outcome 1.4.2.