Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_44a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 44A
Character Range: 461985–463757

44A  Development activity of more than one type
 (1) If a development activity is:
 (a) a permitted use or development; and
 (b) a declared significant development or an ancillary project for a declared significant development;
then:
 (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and
 (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.
 (2) If a development activity is:
 (a) a permissible (with consent) use or development; and
 (b) a declared significant development or an ancillary project for a declared significant development;
then:
 (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and
 (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.
Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.