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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 18 January 2020 at 20:52) Current version
Part 4 Division 10 Section 106
106   Definition of “existing use”
In this Division, existing use means:
(a)  the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4A of Part 3 or Division 4 of this Part, have the effect of prohibiting that use, and
(b)  the use of a building, work or land:
(i)  for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and
(ii)  that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.