Planning and Development Act 2005

This section applies to land included in a place of a kind mentioned in the Heritage Act 2018 section 72(1).

The Commission must not grant an application for its approval under section 135 or 136 in respect of land to which this section applies unless the requirements of the Heritage Act 2018 Part 5 Division 2 have been observed.

If the Heritage Act 2018 section 76(3) applies, the holder of an approval given by the Commission under section 135 or 136 in respect of land to which this section applies is not to give effect to that approval —

during such time as the operation of the approval is suspended the Heritage Act 2018 section 76(3); or

otherwise than in accordance with the Heritage Act 2018 section 76(6).

The Commission may give its approval under section 135 or 136 subject to conditions which are to be carried out before the approval becomes effective.

Subject to subsection (3), in giving its approval under section 135 or 136 the Commission is to have due regard to the provisions of any local planning scheme that applies to the land under consideration and is not to give an approval that conflicts with the provisions of a local planning scheme.

The Commission may give an approval under section 135 or 136 that conflicts with the provisions of a local planning scheme if —

the local planning scheme was not first published, or a consolidation of the local planning scheme has not been published, in the preceding 5 years and the approval is consistent with a State planning policy that deals with substantially the same matter; or

the approval is consistent with a region planning scheme that deals with substantially the same matter; or

in the opinion of the Commission —

the conflict is of a minor nature; or

the approval is consistent with the general intent of the local planning scheme;

the local planning scheme includes provisions permitting a variation of the local planning scheme that would remove the conflict; or

in the case of an application under section 135, the local government responsible for the enforcement of the observance of the scheme has been given the plan of subdivision, or a copy, under section 142 and has not made any objection under that section; or

in the case of an approval that relates to land in a State development area, the Commission is of the opinion that the approval is consistent with the general intent of —

the State development area declaration; and

any applicable State development area plan;

the approval is given in circumstances set out in the regulations.

Despite subsection (3), the Commission is to ensure that an approval under section 135 or 136 complies with the provisions of a local planning scheme to the extent necessary for compliance with an environmental condition relevant to the land under consideration.