Development provisions for park freehold land
15 Development provisions for park freehold land
(1) The Planning Scheme under the Planning Act 1999 is taken to include development provisions applying to park freehold land and, subject to this section, the Planning Act 1999 (except Part 6) applies accordingly.
(2) The Planning Minister is the consent authority for park freehold land.
(3) The development provisions under subsection (1) allow the use and development of park freehold land for any of the following purposes without the consent of the consent authority:
a park or reserve;
(b) commercial activities that are consistent with the use as a park or reserve;
an Aboriginal community living area.
(4) The development provisions under subsection (1) allow any other use or development of park freehold land only with the consent of the consent authority.
(5) Part 5, Division 2 of the Planning Act 1999 does not apply in relation to a development application in respect of park freehold land unless the Planning Minister determines that, in the circumstances of the particular application, it is appropriate for that Division to apply.
(6) Despite any development provisions in force under the Planning Act 1999 immediately before the commencement of this section, the use of park freehold land for a purpose specified in subsection (3) is taken to be an existing use of park freehold land under Part 4 of the Planning Act 1999.
(7) An amendment of Schedule 2 under section 13 or 14 does not create, or have the effect of creating, a subdivision within the meaning of the Planning Act 1999.
(8) The development provisions under subsection (1) prevail over any other development or other provision under the Planning Scheme or a provision of the Planning Act 1999, whether the provision was in force before or after the commencement of this section.
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