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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 41 - SECT 4

4 Amendment of s 74 (Existing development control plans and special facilities zones)

Section 74--

insert--

'(2) Subsection (1)(b) applies to an area only if--

(a) the area continues to be designated as a special facilities zone, or like zone, under the scheme; or
(b) the current planning scheme for the area no longer designates the area as a special facilities zone, or like zone, but there is, for the area and in relation to the zone--
(i) a development permit that--
(ii) an acknowledgment notice mentioned in the Planning Act, section 3.2.5(1); or
(iii) a development permit granted for a development application (superseded planning scheme) under the Planning Act.

'(3) However, subsection (1)(b) also applies to an area if--

(a) the current planning scheme for the area no longer designates the area as a special facilities zone, or like zone, but the development rights conferred by the earlier designation have been preserved under the scheme; and
(b) the clearing of vegetation is in relation to the development rights.'.

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