sec.33Application to vary effect of moratorium notice

### sec.33 Application to vary effect of moratorium notice Subsection (2) applies to an owner of land if— the owner is completing works that had been started at the time a moratorium notice took effect; and the works will not be completed by the day stated in the notice (the completion day ); and the owner wishes to apply for an extension of the completion day. The owner— must stop construction of the works by the completion day; and may apply to the Minister for an extension of the completion day if— the works are substantially completed; or the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health. The application must— be in the approved form; and be accompanied by the prescribed fee; and be made before the completion day; and include sufficient information to support the application. The Minister may refer the application to a referral panel established under section 242 . The Minister must— decide the application; and give the applicant notice of the decision. If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision. If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way— the completion day, for the works, is the day stated in the Minister’s notice; the works may be completed to the extent stated in the notice. For this section, works are not started unless— construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and an independently verifiable construction program exists for progressive construction towards completion of the works; and detailed design plans exist showing, among other things, the extent of the works; and if a development permit is required for the works or for other development associated with the works—the permit has been given. s 33 prev s 33 ins 2011 No. 33 s 30 om 2012 No. 29 s 12 pres s 33 (prev s 34C) ins 2011 No. 33 s 30 amd 2012 No. 29 s 14 renum 2012 No. 29 s 16 amd 2012 No. 39 s 102 sch pt 2 (amdt could not be given effect) sub 2014 No. 64 ss 67 (3) , 68 (sec.33-ssec.1) Subsection (2) applies to an owner of land if— the owner is completing works that had been started at the time a moratorium notice took effect; and the works will not be completed by the day stated in the notice (the completion day ); and the owner wishes to apply for an extension of the completion day. (sec.33-ssec.2) The owner— must stop construction of the works by the completion day; and may apply to the Minister for an extension of the completion day if— the works are substantially completed; or the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health. (sec.33-ssec.3) The application must— be in the approved form; and be accompanied by the prescribed fee; and be made before the completion day; and include sufficient information to support the application. (sec.33-ssec.4) The Minister may refer the application to a referral panel established under section 242 . (sec.33-ssec.5) The Minister must— decide the application; and give the applicant notice of the decision. (sec.33-ssec.6) If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision. (sec.33-ssec.7) If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way— the completion day, for the works, is the day stated in the Minister’s notice; the works may be completed to the extent stated in the notice. (sec.33-ssec.8) For this section, works are not started unless— construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and an independently verifiable construction program exists for progressive construction towards completion of the works; and detailed design plans exist showing, among other things, the extent of the works; and if a development permit is required for the works or for other development associated with the works—the permit has been given. s 33 prev s 33 ins 2011 No. 33 s 30 om 2012 No. 29 s 12 pres s 33 (prev s 34C) ins 2011 No. 33 s 30 amd 2012 No. 29 s 14 renum 2012 No. 29 s 16 amd 2012 No. 39 s 102 sch pt 2 (amdt could not be given effect) sub 2014 No. 64 ss 67 (3) , 68 - (a) the owner is completing works that had been started at the time a moratorium notice took effect; and - (b) the works will not be completed by the day stated in the notice (the completion day ); and - (c) the owner wishes to apply for an extension of the completion day. - (a) must stop construction of the works by the completion day; and - (b) may apply to the Minister for an extension of the completion day if— (i) the works are substantially completed; or (ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health. - (i) the works are substantially completed; or - (ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health. - (i) the works are substantially completed; or - (ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health. - (a) be in the approved form; and - (b) be accompanied by the prescribed fee; and - (c) be made before the completion day; and - (d) include sufficient information to support the application. - (a) decide the application; and - (b) give the applicant notice of the decision. - (a) the completion day, for the works, is the day stated in the Minister’s notice; - (b) the works may be completed to the extent stated in the notice. - (a) construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and - (b) an independently verifiable construction program exists for progressive construction towards completion of the works; and - (c) detailed design plans exist showing, among other things, the extent of the works; and - (d) if a development permit is required for the works or for other development associated with the works—the permit has been given.