Relationship to particular Planning Act provisions
177 Relationship to particular Planning Act provisions
This section applies to each of the following (a deemed approval)—
a sanction to carry out works given under the Harbours Act, section 86;
an authorisation to reclaim land given under the Harbours Act, section 91;
a permit under the Beach Protection Act, section 44;
a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district;
a permit under the Beach Protection Act, section 47(1A);
a provisional approval to construct a canal under the Canals Act, section 5;
a final approval to construct a canal under the Canals Act, section 7.
The Planning Act, chapter 3, part 5, division 2, subdivision 2 and divisions 3 and 4 apply to a deemed approval.
However, if the deemed approval is for operational work that is tidal works associated with construction of a structure, the currency period for the deemed approval is—
the 4 years starting the day this section commences; or
if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time.
If development under a deemed approval mentioned in subsection (3) is not substantially completed at the end of the currency period for the approval, the deemed approval lapses.
This Act’s bill:Explanatory memorandum
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