When performance of function conflicts with relevant development approval
171ZI When performance of function conflicts with relevant development approval
For the purposes of this Part, the performance of a function under a relevant legal instrument conflicts with a relevant development approval if the performance of the function, or the way in which the function is performed —
prevents the approved development from proceeding in accordance with the approval; or
prevents any of the conditions imposed on the approval from being complied with; or
otherwise substantially undermines, or substantially conflicts with, the approval.
Examples for this subsection:
1. An authority refuses to grant a permit under a relevant legal instrument that is necessary for the approved development to proceed in accordance with the relevant development approval.
2. An authority grants a permit under a relevant legal instrument that is necessary for the approved development to proceed in accordance with the relevant development approval but the permit is granted subject to conditions that prevent the approved development from proceeding in accordance with the relevant development approval.
Despite subsection (1), the performance of a function under a relevant legal instrument does not conflict with a relevant development approval if the function consists of —
amending or varying —
the relevant development approval; or
the conditions on the relevant development approval; or
the approved development in relation to the relevant development approval;
or
the imposition of new conditions on the relevant development approval; or
the cancellation of the relevant development approval.
[Section 171ZI inserted: No. 34 of 2023 s. 11.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.