29Former planning provisions continue to apply to pending Part 5 assessment and certain modifications of activities

#### 29 Former planning provisions continue to apply to pending Part 5 assessment and certain modifications of activities 29 Former planning provisions continue to apply to pending Part 5 assessment and certain modifications of activities > > (1) The former planning provisions continue to apply (and Part 7 of the new Act does not apply) to— > > > > > (a) an environmental impact assessment that is a pending Part 5 assessment, or > > > > > (b) an environmental impact assessment that relates to the modification of an activity if the proponent commences to carry out the modified activity within 18 months after the commencement of the new Act. > > > (2) However, Part 7 of the new Act applies to an environmental impact assessment that is a pending Part 5 assessment (or that relates to the modification of an activity) instead of the former planning provisions if— > > > > > (a) the proponent (being also the determining authority) elects to apply Part 7 of the new Act to the assessment, or > > > > > (b) the proponent and the determining authority agree in writing that Part 7 of the new Act is to apply to the assessment.