Effect of improvement scheme on other planning schemes
122D Effect of improvement scheme on other planning schemes
In this section —
start day, for an improvement scheme, means the day on which the improvement scheme has effect under section 87(4) as applied by section 122B(1).
On the start day for an improvement scheme, any other planning scheme that applies to land in the improvement scheme area immediately before that day ceases to apply —
to that land; and
to any development of that land commenced on or after that day.
If, after the start day, any land is added to an improvement scheme area by an amendment to the improvement scheme, any other planning scheme that applies to the land area immediately before the amendment comes into operation ceases to apply —
to that land; and
to any development of that land commenced on or after that time.
Subsections (2) and (3) do not affect the operation of sections 122I to 122K.
The Interpretation Act 1984 section 37 applies in respect of subsections (2) and (3) as if a planning scheme were an enactment and the subsections repealed the scheme in so far as it applies to the land in the improvement scheme area and development of that land.
This section has effect subject to any provision of an improvement scheme made under section 122C(3).
[Section 122D inserted: No. 28 of 2010 s. 11; amended: No. 34 of 2023 s. 30.]
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