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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 26 June 2019 at 21:57)
Part 4 Division 4.11 Section 4.65
4.65   Definition of “existing use”
(cf previous s 106)
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 this Division, 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.