What is an enforceable condition
157A What is an enforceable condition
An enforceable condition is any of the following—
a condition mentioned in section 34D(3)(b) or (d), 34L(3)(b) or (d), or 35I(2);
a requirement recommended under section 35I(2)(b) or 43 that has been included in a designation under the Planning Act, chapter 2, part 5;
a stated condition recommended under section 35I(2)(b) or section 52 that has become part of an approval under another Act mentioned in part 4, division 7 (a relevant approval);
a condition imposed under section 76O;
a condition of an environmental approval under part 4A;
a condition stated in a modification order;
a condition of an SDA approval;
a requirement for carrying out SDA self-assessable development—
stated in an approved development scheme; or
if the development is SDA-related development declared under section 85D(1)—decided by the Coordinator-General under section 85D(4).
To remove any doubt, it is declared that a condition or requirement mentioned in subsection (1) continues to be an enforceable condition even though—
it has become part of a relevant approval; or
it has been amended under this Act; or
the enforceable condition, as a part of a relevant approval, has been amended under another Act.
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