sec.106HEEffect of revocation—relevant application made and decided before declaration made

### sec.106HE Effect of revocation—relevant application made and decided before declaration made This section applies if— a declaration in relation to the relevant application is revoked under section 106HC ; and the relevant application was made to the decision-maker for the application before the declaration was made. Subsections (3) to (5) apply if, before the declaration was made, the decision-maker for the relevant application had decided the relevant application, and given a decision notice for the relevant application to at least 1 entity under— if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) . On the day the revocation takes effect, section 106H (2) (a) stops applying in relation to the decision. The decision notice is taken to have been given to the entity by the decision-maker on the day the revocation takes effect. A decision notice given in relation to the decision is not invalid merely because the decision notice is given, or taken to have been given, to an entity after any period for giving the notice under this Act or the development assessment rules has ended. Subsection (7) applies if, before the declaration was made— the applicant had given a deemed approval notice to the decision-maker for the relevant application under section 64 ; and the decision-maker had not given a decision notice for the relevant application to the applicant under section 64 (6) . The decision-maker for the relevant application is taken to have given a deemed approval to the applicant on the day the revocation takes effect. Subsection (9) applies if, before the declaration was made— a person’s appeal period for an appeal in relation to the decision or deemed approval had ended; and the person had not started an appeal in relation to the decision or deemed approval. Despite section 229 , the person may not appeal against the decision or deemed approval. s 106HE ins 2024 No. 53 s 35 (sec.106HE-ssec.1) This section applies if— a declaration in relation to the relevant application is revoked under section 106HC ; and the relevant application was made to the decision-maker for the application before the declaration was made. (sec.106HE-ssec.2) Subsections (3) to (5) apply if, before the declaration was made, the decision-maker for the relevant application had decided the relevant application, and given a decision notice for the relevant application to at least 1 entity under— if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) . (sec.106HE-ssec.3) On the day the revocation takes effect, section 106H (2) (a) stops applying in relation to the decision. (sec.106HE-ssec.4) The decision notice is taken to have been given to the entity by the decision-maker on the day the revocation takes effect. (sec.106HE-ssec.5) A decision notice given in relation to the decision is not invalid merely because the decision notice is given, or taken to have been given, to an entity after any period for giving the notice under this Act or the development assessment rules has ended. (sec.106HE-ssec.6) Subsection (7) applies if, before the declaration was made— the applicant had given a deemed approval notice to the decision-maker for the relevant application under section 64 ; and the decision-maker had not given a decision notice for the relevant application to the applicant under section 64 (6) . (sec.106HE-ssec.7) The decision-maker for the relevant application is taken to have given a deemed approval to the applicant on the day the revocation takes effect. (sec.106HE-ssec.8) Subsection (9) applies if, before the declaration was made— a person’s appeal period for an appeal in relation to the decision or deemed approval had ended; and the person had not started an appeal in relation to the decision or deemed approval. (sec.106HE-ssec.9) Despite section 229 , the person may not appeal against the decision or deemed approval. - (a) a declaration in relation to the relevant application is revoked under section 106HC ; and - (b) the relevant application was made to the decision-maker for the application before the declaration was made. - (a) if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or - (b) if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) . - (a) the applicant had given a deemed approval notice to the decision-maker for the relevant application under section 64 ; and - (b) the decision-maker had not given a decision notice for the relevant application to the applicant under section 64 (6) . - (a) a person’s appeal period for an appeal in relation to the decision or deemed approval had ended; and - (b) the person had not started an appeal in relation to the decision or deemed approval.