sec.265Existing right to appeal—amendment of fisheries development approval conditions

### sec.265 Existing right to appeal—amendment of fisheries development approval conditions This section applies if— before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and the person has not appealed before the commencement. The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under former sections 76Q(1), (2)(a), (3) and (4) and 76R(2), as if the amending Act had not been enacted. The Planning and Environment Court Act 2016 , part 5 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act . s 265 ins 2016 No. 27 s 260 (sec.265-ssec.1) This section applies if— before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and the person has not appealed before the commencement. (sec.265-ssec.2) The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under former sections 76Q(1), (2)(a), (3) and (4) and 76R(2), as if the amending Act had not been enacted. (sec.265-ssec.3) The Planning and Environment Court Act 2016 , part 5 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act . - (a) before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and - (b) the person has not appealed before the commencement.