New South Wales Consolidated Acts

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CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 340

Transitional provision-approvals in principle-applications for service approval

340 Transitional provision-approvals in principle-applications for service approval

(1) This section applies if-
(a) a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and
(b) before, on or after the commencement day, a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and
(c) before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.
(2) Despite section 49A(2)-
(a) the applicant for the service approval is not required to be an approval in principle holder for the premises; and
(b) the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.
(3) In this Division-

"commencement day" , in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction.



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