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PLANNING ACT 2016 - SECT 73A

Development permits for building work given by private certifiers

73A Development permits for building work given by private certifiers

(1) This section applies to a development application for a development permit that—
(a) is for building work; and
(b) is made to a private certifier as assessment manager.
(2) Subsection (3) applies to the development application if any part of the building work requires impact assessment.
(3) A development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring impact assessment, unless a relevant preliminary approval is in effect for the part.
(4) Subsection (5) applies to the development application if—
(a) any part of the building work must be assessed against, or having regard to, a matter that is not a building assessment provision; and
(b) none of the referral agencies are required to assess the application against, or having regard to, the matter.
(5) A development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring assessment against, or having regard to, the matter, unless a relevant preliminary approval is in effect for the part.
(6) In this section—

"relevant preliminary approval" means a preliminary approval given under the old Act by an entity other than a private certifier.



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