Planning and Development Act 2005

the development may be commenced and carried out as if the approval had been granted by the local government; and

any conditions imposed by the Commission on the approval must be complied with as if they were conditions imposed on the approval by the local government; and

section 218(c) applies in relation to a failure to comply with any of those conditions.

Subsection (2) applies even if the Commission’s determination could not have been made by a normal decision‑maker under an applicable legal instrument.

Without limiting subsections (2) and (3), a decision, or other act or omission, of a person or body is not unlawful or invalid just because the Commission’s determination could not have been made by a normal decision‑maker under an applicable legal instrument.

Subsections (2) to (4) are subject to sections 278 and 279 and Division 4.

If the Commission’s determination is to grant approval for development, the determination does not affect the operation of any legal instrument that requires the obtaining, in relation to the development, of any other type of approval, consent, licence, permit, registration or other authority (however described).

If the Commission’s determination is to grant approval for development, references in subsections (2) to (6) to the Commission’s determination are to the determination as amended from time to time under section 279 or by an order under section 284.