sec.198Existing UDA development applications

sec.198 Existing UDA development applications

This section applies to a UDA development application made under the repealed ULDA Act that— was a properly made application under the repealed ULDA Act , section 51 ; and has not been decided at the commencement. Subject to subsections (3) to (5), the UDA development application is taken to be a PDA development application made under this Act and must be decided by MEDQ under this Act. For subsection (2)— anything done or existing in relation to the UDA development application under the repealed ULDA Act is taken to have been done or existing in relation to the PDA development application under this Act; and a reference in sections 86 and 87 to a proposed development scheme includes a reference to a proposed development scheme, or a proposed amendment of a development scheme, published under the repealed ULDA Act , section 25 , or section 25 as applied under section 38 of that Act, that has not taken effect before the commencement. Despite section 87(1)(a), MEDQ must consider the main purposes of the repealed ULDA Act , not the main purpose of this Act, in deciding the application. If the repealed ULDA Act , section 17 applied to the UDA development application— the application must be decided as if the land the subject of the application were in a priority development area; and if a PDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval. (sec.198-ssec.1) This section applies to a UDA development application made under the repealed ULDA Act that— was a properly made application under the repealed ULDA Act , section 51 ; and has not been decided at the commencement. (sec.198-ssec.2) Subject to subsections (3) to (5), the UDA development application is taken to be a PDA development application made under this Act and must be decided by MEDQ under this Act. (sec.198-ssec.3) For subsection (2)— anything done or existing in relation to the UDA development application under the repealed ULDA Act is taken to have been done or existing in relation to the PDA development application under this Act; and a reference in sections 86 and 87 to a proposed development scheme includes a reference to a proposed development scheme, or a proposed amendment of a development scheme, published under the repealed ULDA Act , section 25 , or section 25 as applied under section 38 of that Act, that has not taken effect before the commencement. (sec.198-ssec.4) Despite section 87(1)(a), MEDQ must consider the main purposes of the repealed ULDA Act , not the main purpose of this Act, in deciding the application. (sec.198-ssec.5) If the repealed ULDA Act , section 17 applied to the UDA development application— the application must be decided as if the land the subject of the application were in a priority development area; and if a PDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval.