87HSavings and transitional – Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Act 2021

### 87H Savings and transitional – Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Act 2021 > [*\[Section 87H Inserted by No. 7 of 2021, s. 22, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS22@EN) > > > (1)  In this section – > > > > > ***amending Act*** means the *Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Act 2021*; > > > > > ***amendment day*** means the day on which the amending Act commences. > > > (2)  Until a direction, if any, referred to in [subsection (3)](#GS87H@Gs3@EN) is given in relation to a draft LPS – > > > > > > (a) the amendments made by the amending Act to [sections 35K](#GS35K@EN) and [35L](#GS35L@EN) , and [section 35KB](#GS35KB@EN) as inserted by the amending Act, do not apply; and > > > > > > > (b) the provisions of this Act, as in force before the amendment day, apply – > > > > in relation to a draft LPS in relation to which a direction has, before the amendment day, been given under section 35K(1)(c)(ii), as in force immediately before that day. > > > (3)  The Commission may, by notice to a planning authority that has submitted to the Commission under [section 35(1)](#GS35@Gs1@EN) a draft LPS in relation to which a direction has, before the amendment day, been given under section 35K(1)(c)(ii), as in force immediately before that day, declare that any one or more of the following applies in relation to the draft LPS: > > > > > > (a) the amendments made, by the amending Act, to [section 35K](#GS35K@EN) ; > > > > > > > (b) the amendments made, by the amending Act, to [section 35L](#GS35L@EN) ; > > > > > > > (c) [section 35KB](#GS35KB@EN) , as inserted by the amending Act. > > > (4)  The amendments to [section 51](#GS51@EN) made by the amending Act apply in relation to an application for a permit that has not been determined by a planning authority before the day on which the amendments come into effect.