Limitations on land division in district
8 Limitations on land division in district
This section applies to a proposed development in the rural area that involves a division of land under the Planning, Development and Infrastructure
Act 2016 that would create 1 or more additional allotments.
A relevant authority (other than the State Planning Commission) must not grant development authorisation to a development to which this section applies unless the State Planning Commission concurs in the granting of the authorisation.
If the State Planning Commission is the relevant authority, the
State Planning Commission must not grant development authorisation to a development to which this section applies unless the council for the area where the proposed development is situated concurs in the granting of the authorisation.
No appeal under the Planning,
Development and Infrastructure Act 2016 lies against a refusal by a relevant authority to grant development authorisation to a development to which this section applies or a refusal by the State Planning
Commission or a council to concur in the granting of such an authorisation.
If a proposed development to which this section applies will create additional allotments to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development (if the application for the development authorisation for the division of land was made after the commencement of this section).
If the relevant authority determines an application in respect of a development authorisation on the basis of subsection (5), the relevant authority must notify the applicant of that fact.
A development authorisation granted in relation to a proposed development to which this section applies will be taken to be subject to the condition that the additional allotments created will not be used for residential development (if the application for the development authorisation for the division of land was made after the commencement of this section).
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.