Section 47I Liquor Act 2007 | Granting Development Consent During Freeze


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Section 47I of the Liquor Act 2007 (NSW) is concerned with Granting Development Consent During Freeze and is set out below.

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The Legislation

47I Restrictions on granting development consent in relation to subject premises

(1) During the freeze period, development consent to carry out development on subject premises must not be granted by a consent authority if the development requires a licence, approval, authorisation or other action under this Act that cannot be granted or taken because of the operation of the other provisions of this Division.

(2) For the purposes of subsection (1), any matter under those other provisions of which the Authority is required to be satisfied is to be a matter of which the consent authority is required to be satisfied.

(3) This section does not apply to or in respect of an application for development consent:
(a) to carry out development on subject premises for the purposes of a restaurant, or
(b) to carry out development on subject premises that are in a freeze precinct described in Part 2 of Schedule 5, or
(c) that was made on or before the relevant introduction date.

(4) This section does not prevent:
(a) an application for development consent from being amended under the EP&A; Act by the applicant for the purposes of removing or modifying that part of the application that would otherwise prevent it from being granted because of subsection (1), or
(b) the consent authority from determining any such amended application in accordance with that Act.

(5) A reference in this section:
(a) to an application for development consent includes a reference to an application to modify an existing development consent, and
(b) to the granting of development consent includes a reference to the modification of a development consent.

(6) A reference in this section to a consent authority includes, in the case of any development that is complying development, a reference to a certifying authority.

(7) The provisions of the EP&A; Act that provide for an appeal to the Land and Environment Court on the basis that the period for determining an application for development consent has expired before the application is determined do not, for the duration of the freeze period, apply in relation to an application for development consent that cannot be granted by the consent authority because of this section. In the case of any such application for development consent, the period under the relevant provision of the EP&A; Act for determining the application is taken to commence immediately on the expiration of the freeze period.

(8) Words and expressions used in this section or in section 47J that are defined in the EP&A; Act have the same meaning as in that Act.

(9) In this section:”EP&A; Act” means the Environmental Planning and Assessment Act 1979.”relevant introduction date” means the date on which the Bill for the Liquor Amendment (Temporary Licence Freeze) Act 2009 was introduced into the Legislative Assembly.

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