Land Use Planning and Approvals Act 1993

Where a planning authority grants a permit, the permit, subject to subsections (2), (3) and (4), takes effect on the day on which it is granted by the authority or, where there is a right of appeal against the granting of the permit, at the expiration of 14 days from the day on which the notice of the granting of the permit was served on the person who has the right of appeal.

If the applicant is the only person with a right of appeal under section 61 in relation to a permit and does not intend to exercise that right, the use or development in respect of which the permit is granted may, subject to subsections (1B) and (4), be commenced before the expiration of the 14 day period specified in subsection (1).

If the applicant referred to in subsection (1A) proposes to commence the use or development before the expiration of the 14 day period specified in that subsection, the applicant must notify the planning authority in writing of his or her intention to commence that use or development.

If the applicant notifies the planning authority under subsection (1B), the applicant is taken to have forfeited the right to appeal in relation to the permit.

A day later than the day on which a permit would otherwise have taken effect under subsection (1) may be specified in the permit as the day on which it takes effect.

Where an appeal has been instituted against the planning authority's decision to grant a permit, the permit does not take effect until the determination or abandonment of the appeal.

Where any other approvals under this Act or any other Act are required for the proposed use or development to which the permit relates, the permit does not take effect until all those approvals have been granted.

If the use or development in respect of which a permit was granted is not substantially commenced, the permit lapses – at the end of a period of 2 years from – the date on which the permit was granted; or if an appeal has been instituted against the planning authority's decision to grant the permit, the date of the determination or abandonment of the appeal; or if the planning authority has granted an extension under subsection (5A), at the end of a further period of 2 years from the end of the relevant period referred to in paragraph (a); or if the planning authority has granted a further extension under subsection (5B), at the end of a further period of 2 years from the end of the further period of 2 years for which the permit was extended under subsection (5A); or if the planning authority has granted a further extension under subsection (5D), at the end of a further period of 2 years from the end of the further period of 2 years for which the permit was extended under subsection (5B).

If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (5)(a), the planning authority may grant (once only) an extension of the period during which that use or development must be substantially commenced.

If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (5)(b), the planning authority may grant (once only) a further extension of the period during which that use or development must be substantially commenced.

An application may be made under subsection (5A), (5B) or (5D), for an extension of a period during which a use or development in respect of which a permit was granted must be substantially commenced, at any time before the end of the period of 6 months from the day on which the permit has lapsed and, if the extension is granted, the permit is to be taken to not have lapsed on that day.

The planning authority may grant, only once, a further extension of a permit that would otherwise lapse under subsection (5)(c) if – the planning authority is satisfied that, due to the technical or complex nature of the use or development in respect of which the permit was granted, the use or development is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (5)(c); and the further extension of the permit, by the planning authority, would enable that use or development to substantially commence.

If under a permit an agreement is required to be entered into, the permit does not take effect until the day the agreement is executed.

The permit referred to in subsection (1) remains in effect until – it lapses under subsection (5); or it expires as a result of a condition or restriction contained in the permit; or it is cancelled under section 65G.