94Transitional—applications under old regulations continue to have effect

#### 94 Transitional—applications under old regulations continue to have effect (1) This section applies if: (a) an application was made under regulation 8 of the old regulations for approval to construct a building on land this is affected land (the relevant land); and (b) immediately before the commencement day, the application had not been finally determined; and (c) on or after the commencement day, the Minister declares an area to be a defence aviation area under section 117AC of the Act; and (d) the relevant land falls within the defence aviation area; and (e) either: (i) the building exceeds the height restriction applying to the building within the defence aviation area, or part of the defence aviation area, specified in the declaration; or (ii) the building is likely to generate plumes or air turbulence above that height restriction. (2) At and after the time the declaration takes effect, the application is taken to be (and may be dealt with as) an application made under section 68E of this instrument to construct the building in the defence aviation area.