Port facilities—change of use (change of building classification or increased fire hazard level)
18 Port facilities—change of use (change of building classification or increased fire hazard level)
Port facilities, if the development involves a change of use from a lawful use for the purposes of port facilities to another kind of use for the purposes of port facilities and the land on which the development is carried out is the subject of a contamination statement.
The new use must not be inconsistent with, or contravene, an existing development consent applicable to the land. This subsection does not apply to any provision or condition of an existing development consent that limits development on the land to the use permitted by that consent.
The land on which the development is carried out must be suitable for the new use.
If the new use results in an increase in the level of fire hazard arising from the use of a building, appropriate fire safety measures for that increased level of fire hazard must be provided.
In this section—
certified contaminated land consultant means a person who holds either or both of the following certifications—
a Certified Professional Soil Scientist Contaminated Site Assessment and Management certification from Soil Science Australia,
a Certified Environmental Practitioner—Site Contamination certification from the Environment Institute of Australia and New Zealand.
contamination statement means a statement—
prepared or endorsed by a certified contaminated land consultant, after considering applicable guidelines made under the Contaminated Land Management Act 1997, section 105, and
stating the land is suitable for the intended purpose of the development.
Note.
A change of use that does not result in a change of building classification or an increase in the fire hazard level of the building is exempt development under Chapter 5.
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