sec.51ADAppeals to Planning and Environment Court after cessation

sec.51AD Appeals to Planning and Environment Court after cessation

This section applies if— immediately before the cessation, a person could have 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 person has not appealed. This section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened. The person may appeal, and the Planning and Environment Court must 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. The appeal must be started within the period mentioned in section 90 (3) . If the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act . However, subsection (5) 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 51AD ins 2019 No. 11 s 39 (sec.51AD-ssec.1) This section applies if— immediately before the cessation, a person could have 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 person has not appealed. (sec.51AD-ssec.2) This section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened. (sec.51AD-ssec.3) The person may appeal, and the Planning and Environment Court must 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.51AD-ssec.4) The appeal must be started within the period mentioned in section 90 (3) . (sec.51AD-ssec.5) If the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act . (sec.51AD-ssec.6) However, subsection (5) 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 .