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PLANNING ACT 2016 - SECT 71
When development approval has effect
71 When development approval has effect
(1) Generally, a development approval starts to have effect when the approval
is given, or taken to have been given, to the applicant.
(2) However— (a)
if an appeal about the approval is started, and subject to the outcome of the
appeal—the approval starts to have effect when the appeal ends; or
(b) if
no appeal about the approval is started, but there was a submitter for the
development application who had not given the assessment manager a notice
withdrawing the submitter’s submission before the application was
decided—the approval starts to have effect on the day after the first of the
following happens— (i) the last submitter gives the assessment manager
notice that the submitter will not be appealing the decision;
(ii) the last
appeal period for the development approval ends.
(3) If a submitter for the
development application gives the assessment manager notice that the submitter
will not be appealing the decision on the application, the assessment manager
must give the applicant a copy of the notice.
(4) Despite subsections (1) and
(2) , if land that is the subject of an acquisition approval is taken or
acquired under the Acquisition Act or the State Development Act after the
approval would otherwise take effect under subsection (1) or (2) , the
approval starts to have effect when the land is taken or acquired.
(5) The
part of a variation approval that is a categorising instrument applies instead
of a local planning instrument, to the extent of any inconsistency, until—
(a) the development is completed; or
(b) the variation approval lapses under
section 88 (2) .
(6) In this section—
"acquisition approval" , for acquisition land, means a development approval
that relates to the purpose for which the land is to be taken or acquired.
"submitter" includes an advice agency that, in its referral agency’s
response, has told the assessment manager to treat the response as a properly
made submission.
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