Document ID: chunk:federal_register_of_legislation:F2018L01321:reg:10:p2
Version: federal_register_of_legislation:F2018L01321
Segment Type: reg
Provision Reference: reg 10 (pt 2/2)
Character Range: 16043–17738

be used for the operation of a pharmacy under applicable local government and State or Territory laws relating to land development; and
 (d) the proposed premises would be accessible by the public; and
 (e) within 6 months after the day on which the Authority makes a recommendation in relation to the application, the applicant will be able to begin operating a pharmacy at the proposed premises; and
 (f) the proposed premises will not be directly accessible by the public from within a supermarket.
Note: The requirement in paragraph (3)(c) would be satisfied if, for example, planning approval for the proposed pharmacy has been obtained or, if this is not necessary in the State or Territory where the pharmacy would be located, the proposed premises are on land that is zoned so as to enable the operation of a pharmacy. An application to obtain a building works approval or a certificate of occupancy, or similar, is not needed to satisfy this requirement. However, it may be needed for compliance with the requirement in paragraph (3)(e), depending on the operation of applicable State or Territory land development laws.

Requirements relating to gross leasable area
 (4) For the purposes of subparagraph (1)(b)(iv), the requirement is that the Authority is satisfied that the gross leasable area of the group of shops and associated facilities or of the supermarket (as the case requires) is at least the minimum size referred to in that subparagraph.
Note: The requirement in this subsection would be satisfied if, for example, the gross leasable area is evidenced by a development approval from a council or an approval authority, a letter from a town planner or a copy of the lease.