Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT AMENDMENT ACT 2009 (NO. 30 OF 2009) - SECT 26

substitute

444     Transitional—approvals under repealed Act

    (1)     This section applies if—

        (a)     immediately before the commencement day, a person had an approval under the repealed Act, part 6 (Approvals and orders); or

        (b)     the planning and land authority gives an approval under the repealed Act after the commencement day.

Note     The repealed Act applies to applications for approvals not decided immediately before the commencement day (see s 442).

    (2)     The approval—

        (a)     is taken to be a development approval under this Act; and

        (b)     unless extended under this Act, continues in force until the time when it would have ended under the repealed Act; and

        (c)     for the Act, section 198 (2) (Deciding applications to amend development approvals) is taken to relate to a proposal in the merit track.

    (3)     If the application to which the approval relates was not required to be publicly notified under the repealed Act, an application under this Act for the amendment of the approval need not be publicly notified under this Act.

Note     If an application for reconsideration had not been finally decided by the planning and land authority under the repealed Act, the repealed Act (including rights of ACAT review under the repealed Act) continues to apply to the application (see s 442).

444A     Commencement of development approvals under repealed Act

    (1)     This section applies to each of the following development approvals unless the development approval commenced before the commencement day:

        (a)     a development approval mentioned in section 442 (Transitional—applications lodged before commencement day);

        (b)     a development approval mentioned in section 442B (Transitional—application for review lodged after commencement day for application lodged before commencement day);

        (c)     a development approval mentioned in section 442C (Transitional—development application lodged on or after commencement day for estate development plan given before commencement day);

        (d)     a development approval mentioned in section 443 (Transitional—applications for review not finally decided);

        (e)     a development approval mentioned in section 444 (Transitional—approvals under repealed Act).

    (2)     Despite anything else in this part, the development approval commences, or is taken to have commenced, when the development approval would have commenced under the repealed Act if the repealed Act had not been repealed.