s. 96I 96I Minister may grant permit on approval of S. 96I amendment inserted by No. 77/1996 (1) If a planning authority has recommended the grant s. 14. of a permit under section 96H, the Minister may— (a) grant the permit; or (b) grant the permit subject to conditions the Minister thinks fit; or (c) refuse to grant the permit on any ground the Minister thinks fit. (1A) If the grant of a permit would authorise anything S. 96I(1A) inserted by which would result in a breach of a registered No. 100/2000 restrictive covenant, the Minister must refuse to s. 15. grant the permit unless— (a) the amendment to which the permit applies provides for the variation or removal of the covenant; or (b) a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant. (1B) If the grant of the permit would authorise anything S. 96I(1B) inserted by which would result in a breach of a registered No. 100/2000 restrictive covenant, the permit must be granted s. 15. subject to a condition that the permit is not to come into effect until the covenant is removed or varied. (2) In addition to subsection (1), the Minister may grant a permit under this section subject to any conditions the Minister thinks fit, if the Minister considers that, as a result of changes made to an amendment under Part 3, it is appropriate that a permit be granted under this section for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained.
S. 96I inserted by No. 77/1996 s. 14. 96I Minister may grant permit on approval of amendment s. 96I (1) If a planning authority has recommended the grant of a permit under section 96H, the Minister may— (a) grant the permit; or (b) grant the permit subject to conditions the Minister thinks fit; or (c) refuse to grant the permit on any ground the Minister thinks fit. S. 96I(1A) inserted by No. 100/2000 s. 15. (1A) If the grant of a permit would authorise anything which would result in a breach of a registered restrictive covenant, the Minister must refuse to grant the permit unless— (a) the amendment to which the permit applies provides for the variation or removal of the covenant; or (b) a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant. S. 96I(1B) inserted by No. 100/2000 s. 15. (1B) If the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, the permit must be granted subject to a condition that the permit is not to come into effect until the covenant is removed or varied. (2) In addition to subsection (1), the Minister may grant a permit under this section subject to any conditions the Minister thinks fit, if the Minister considers that, as a result of changes made to an amendment under Part 3, it is appropriate that a permit be granted under this section for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained.
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