sec.51ACExisting appeals to Planning and Environment Court

sec.51AC Existing appeals to Planning and Environment Court

This section applies if— before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— the former PDA land; or the former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and immediately before the cessation, the appeal has not been decided. The Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if— the cessation had not happened; and the PDA development approval were still a PDA development approval. If the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act . However, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A . s 51AC ins 2019 No. 11 s 39 (sec.51AC-ssec.1) This section applies if— before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— the former PDA land; or the former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and immediately before the cessation, the appeal has not been decided. (sec.51AC-ssec.2) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if— the cessation had not happened; and the PDA development approval were still a PDA development approval. (sec.51AC-ssec.3) If the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act . (sec.51AC-ssec.4) However, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A .

• (a) before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— (i) the former PDA land; or (ii) the former PDA-associated development; and
• (i) the former PDA land; or