Planning, Development and Infrastructure Act 2016

Subject to this clause, section 7(5) of this Act does not apply in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments—

if—

a development authorisation for the division of the land was granted under section 33(1)(c) or (d) of the repealed Act before the designated day; and

that development authorisation has not lapsed under subclause (2);

or

if—

the

division of the land was granted a development plan consent under section 33(1)(a) of the repealed Act before the designated day;

and

the development authorisation for the division of the land required under section 33(1)(c) or (d) of the repealed Act is granted before the expiration of the designated transitional period;

and

the development authorisation under subparagraph (ii) has not lapsed under subclause (2).

A development authorisation for the division of land referred to in subclause (1)(a)(ii) or (b)(iii) will lapse at the expiration of the designated transitional period unless an application for the division of the land under and in accordance with the development authorisation has been lodged with the Registrar-General under Part 19AB of the Real

Property Act 1886 before that expiration.

Subclause (1) does not apply in relation to land that is within a character preservation area that is taken to be an environment and food production area under section 7(4).

In this clause—

designated transitional period means the period of 2 years commencing on the designated day.