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PLANNING ACT 2016 - SECT 39
Duration of designation
39 Duration of designation
(1) A designation stops having effect on the day (the
"end day" ) that is 6 years after the designation starts to have effect,
unless— (a) on the end day— (i) a public sector entity owns, or has an
easement for the same purpose as the designation over, the designated
premises; or
(ii) another entity owns, or has an easement over, the
designated premises and construction of the infrastructure for which the
premises were designated started before the end day; or
(b) before the
end day— (i) a public sector entity gave a notice of intention to resume the
designated premises under the Acquisition Act , section 7 ; or
(ii) a public
sector entity signed an agreement to take designated premises under the
Acquisition Act or to otherwise buy the premises; or
(iii) the designator
complies with subsection (3) .
(2) The designator may extend the duration of
a designation, for up to 6 years, by publishing a gazette notice about the
extension before the designation stops having effect.
(3) The designator must
give notice of the extension of the designation to— (a) if the Minister is
the designator—each of the affected parties and the chief executive; or
(b)
if a local government is the designator—the owner of the premises and the
chief executive.
(4) If a public sector entity discontinues proceedings to
resume designated premises, either before or after the end day, the
designation stops having effect on the day when the proceedings are
discontinued.
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