State Development and Public Works Organisation Act 1971

Subsection (2) applies if—

immediately before an approved development scheme applies to land, a use or works is lawfully being carried out on the land by a person; and

after the approved development scheme applies to the land, the person continues the use or works.

Sections 84A and 84B do not apply to the use or works by the person or the person’s successors in title to the land.

Subsection (4) applies if—

immediately before an approved development scheme applies to land, there was a prior affected development for the land; and

the owner of the land makes a prior affected development request to the Coordinator-General to approve the development of the land for the prior affected development—

within 2 years after the approved development scheme started to apply to the land; and

in accordance with the approved development scheme; and

the Coordinator-General has approved the prior affected development request.

Sections 84A and 84B do not apply to the development of the land for the prior affected development by the owner or the owner’s successors in title to the land.

Subsection (6) applies to premises the subject of a designation under the Planning Act.

Sections 84A and 84B do not apply to development carried out on the premises under the designation.