Planning Act 2023

This section applies to a development approval other than—

a development approval that consists only of a variation of a lease; or

a part of a development approval that consists of a variation of a lease; or

a development approval, or part of a development approval, that relates only to the use of land, or to a building or other structure on land.

The development approval ends—

5 years after the day the approval takes effect (the 5‑year period); or

if an extension of the 5‑year period is granted under this section—at the end of the extended period; or

if the approval is revoked under section 204; or

the approval‑holder surrenders the approval to the territory planning authority.

The territory planning authority may, on application made not later than 6 months after the end of the 5‑year period, extend the period if the development to which the approval relates—

has started and is substantially progressed; and

would be approved if it were the subject of a development application submitted on the same day as the application for the extension.

The territory planning authority may also extend the 5‑year period on application under subsection (3) if—

either—

an application for review is made to the ACAT in relation to the development approval; or

an appeal is made to a court in relation to the development approval; and

taking into account when the application for review or appeal is likely to end, more time is needed to start or complete the development to which the approval relates.

The 5‑year period may be extended—

more than once; and

for a cumulative period of up to 2 years.

Note A development approval to which this section applies continues unless the approval ends under this section, s 212 or s 213.