Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:138
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 138
Character Range: 224058–226460

138  Prescribed circumstances
  For the purposes of subsection 38BA(5) of the Act, the following circumstances are prescribed:
 (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:
 (i) the person engaged in conduct of the same kind, in that area, before the plan came into operation; and
 (ii) permission was not required for that conduct in that area before the plan came into operation; and
 (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;
 (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:
 (i) the person engaged in conduct of the same kind, in the same area, before the amendment commences; and
 (ii) permission was not required for that conduct before the amendment commences; and
 (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;
 (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):
 (i) the person engaged in conduct of the same kind, in that area, before the beginning of that period; and
 (ii) permission was not required for that conduct before the beginning of that period; and
 (iii) the person applied for permission to engage in the conduct during that period; and
 (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and
 (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and
 (vi) the permission has not been granted or refused, and the application has not been withdrawn or lapsed.