157Proposed new control plans

157 Proposed new control plans (1) Subject to this section, this Act applies in relation to a proposed control plan existing under the former Act immediately before the commencement date as if it were a proposed amendment to the Development Provisions. (2) If under the former Act a proposed control plan has been exhibited for part only of the period required by or under section 19 of that Act, this Act applies as if the plan were required under section 17(1) of this Act to be exhibited for all of the period required by or under section 19 of the former Act in relation to the proposal. (3) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of that Act and the former Authority has made a submission to the Minister under section 23 of the former Act in relation to the plan, the Minister may: (a) require a further hearing or consultation under section 23 of this Act, in which case Divisions 3 and 4 of Part 2 of this Act apply to the proposed control plan; or (b) deal with the proposed control plan under Division 4 of Part 2 of this Act,

Planning Act 1999 151 as if: (c) a submission made to the former Authority under section 21 of the former Act had been made to the Minister under section 19 of this Act; and (d) the report under section 23 of the former Act were a report under section 20 of this Act. (4) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of the former Act but the former Authority: the former Act in relation to the proposed plan; and (b) has not part-heard the matter, relation to the proposed control plan is to be taken to be a submission made under section 19 of this Act; and (d) sections 20, 22 and 23 and Division 4 of Part 2 of this Act apply in relation to the proposed control plan. (5) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of the former Act but the former Authority: the former Act in relation to the proposed control plan; and (b) has part-heard the matter, relation to the proposed control plan is to be taken to be a submission made under section 19 of this Act; (d) the Chairman of the Planning Authority within the meaning of the former Act must, within 60 days after the commencement of this Act: (i) prepare and deliver to the Minister under section 20 of this Act a report as if he or she had been asked to do so under that section; and

Planning Act 1999 152 (ii) prepare and deliver to the Minister under section 22 of this Act a report on so much of the hearing as has been part-heard as if he or she had been asked to do so under that section; (e) the Minister must appoint a person under section 22 to complete the hearing and report to the Minister in accordance with that section; and (f) section 23 and Division 4 of Part 2 apply in relation to the proposed control plan.