Planning Act 1999

For this Part, a use of land is an existing use if the following circumstances apply:

the use was being made immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land;

the use was lawful under this Act immediately before the commencement:

as a use permitted without the consent of a consent authority; or

as a use permitted under a planning scheme only with the consent of the consent authority and to which the consent authority had consented;

the use would cease to be lawful after the commencement if not for this Part.

Also, a use of land is an existing use for this Part if it is permitted only in accordance with an exceptional development permit.

For this Part, a building is an existing building if the following circumstances apply:

the building was in existence immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the building is situated;

the building was lawful under this Act immediately before the commencement;

the building would cease to be lawful after the commencement if not for this Part.

For this Part, works are existing works if the following circumstances apply:

the works had been carried out before, or were being carried out immediately before, the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the works were, or were being, carried out;

the works were lawful under this Act immediately before the commencement;

the works would cease to be lawful after the commencement if not for this Part.