Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Chapter 21 Transitional—Planning and Development (Capital Metro) Legislation Amendment Act 2015
488 Meaning of commencement day —ch 21
In this chapter:
"commencement day" means the day the Planning and Development (Capital Metro) Legislation Amendment Act 2015 , section 3 commences.
489 Development application lodged but not decided prior to commencement of amending Act
(1) This section applies to a development application if, before the commencement day, the application was—
(a) lodged with the authority; and
(b) not finally decided.
(2) A decision in relation to the application is taken to be a decision under this Act as in force immediately before the commencement day.
(3) In this section:
"not finally decided"—a development application is "not finally decided" until—
(a) a decision about the application has been made under section 162 (Deciding development applications); and
(b) the period for review of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008
has ended and either—
(i) an entity has not made an application to the ACAT for review of the decision; or
(ii) an entity has made an application to the ACAT for review of the decision and the review is finally disposed of; and
(c) the period allowed for an entity to appeal against the decision in the Supreme Court has ended and either—
(i) the decision has not been appealed; or
(ii) the decision has been appealed and the appeal is finally disposed of.
490 Expiry—ch 21
This chapter expires 3 years after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).