Conversion of convertible Part 5 approvals to development consents
2 Conversion of convertible Part 5 approvals to development consents
The Director-General may issue to the holder of a convertible Part 5 approval a certificate certifying that the convertible Part 5 approval is taken to be a development consent that authorises the carrying out of the development authorised by the convertible Part 5 approval.
The Director-General may, in the certificate, specify that the development consent is of a particular type because of the conditions imposed on it (for example, a deferred commencement development consent pursuant to in section 4.16(3) of the Act or a development consent for staged development pursuant to section 4.16(5) of the Act).
The Director-General is not to issue a certificate under this clause unless the certificate identifies the classification, in accordance with the Building Code of Australia, of any building or proposed building the subject of the convertible Part 5 approval concerned.
On the issue of the certificate by the Director-General, the convertible Part 5 approval the subject of the certificate is taken—
to be a development consent and to be of the type (if any) specified in the certificate, and
to have been granted subject to the same conditions as those to which the convertible Part 5 approval was subject.
For the avoidance of doubt, section 4.19 of the Act applies to a converted Part 5 approval and, in so applying that subsection, a reference to a purpose specified in the development application is to be read as a reference to a purpose specified in the application for the convertible Part 5 approval concerned.
A certificate issued under this clause has effect according to its terms.
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