sec.106URegulation about pre-existing applications

### sec.106U Regulation about pre-existing applications This section applies in relation to a development application or change application (each a pre-existing application ) if, after the application is made but before it is decided, development the subject of the application is prescribed by regulation to be development for which social impact assessment is required under section 106T . The regulation may provide for the effect of the making of the regulation on the process for administering the pre-existing application. Without limiting subsection (2) , the regulation may provide that— the process for administering the pre-existing application continues as if the regulation had not been made; or on the day the regulation commences— if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 ; or if the pre-existing application is a change application that has been accepted under section 79 (4) —the application is taken not to have been accepted under the section; or the process for administering the pre-existing application stops on the day the regulation commences; or the process for administering the pre-existing application restarts on a day, or on the happening of an event, stated in— the regulation; or a notice given to the applicant by the Minister; or the applicant gives the assessment manager or responsible entity for the pre-existing application a social impact assessment report and a community benefit agreement for the application the process for administering the pre-existing application restarts from a point in the process stated in— the regulation; or a notice given to the applicant by the Minister. Also, the regulation may— modify a period stated in this chapter for assessing and deciding the pre-existing application; or provide that the pre-existing application lapses after a stated period. This section does not apply in relation to a change application for a minor change to a development approval. s 106U ins 2025 No. 14 s 21 (sec.106U-ssec.1) This section applies in relation to a development application or change application (each a pre-existing application ) if, after the application is made but before it is decided, development the subject of the application is prescribed by regulation to be development for which social impact assessment is required under section 106T . (sec.106U-ssec.2) The regulation may provide for the effect of the making of the regulation on the process for administering the pre-existing application. (sec.106U-ssec.3) Without limiting subsection (2) , the regulation may provide that— the process for administering the pre-existing application continues as if the regulation had not been made; or on the day the regulation commences— if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 ; or if the pre-existing application is a change application that has been accepted under section 79 (4) —the application is taken not to have been accepted under the section; or the process for administering the pre-existing application stops on the day the regulation commences; or the process for administering the pre-existing application restarts on a day, or on the happening of an event, stated in— the regulation; or a notice given to the applicant by the Minister; or the applicant gives the assessment manager or responsible entity for the pre-existing application a social impact assessment report and a community benefit agreement for the application the process for administering the pre-existing application restarts from a point in the process stated in— the regulation; or a notice given to the applicant by the Minister. (sec.106U-ssec.4) Also, the regulation may— modify a period stated in this chapter for assessing and deciding the pre-existing application; or provide that the pre-existing application lapses after a stated period. (sec.106U-ssec.5) This section does not apply in relation to a change application for a minor change to a development approval. - (a) the process for administering the pre-existing application continues as if the regulation had not been made; or - (b) on the day the regulation commences— (i) if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 ; or (ii) if the pre-existing application is a change application that has been accepted under section 79 (4) —the application is taken not to have been accepted under the section; or - (i) if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 ; or - (ii) if the pre-existing application is a change application that has been accepted under section 79 (4) —the application is taken not to have been accepted under the section; or - (c) the process for administering the pre-existing application stops on the day the regulation commences; or - (d) the process for administering the pre-existing application restarts on a day, or on the happening of an event, stated in— (i) the regulation; or (ii) a notice given to the applicant by the Minister; or Example of an event for paragraph (d) — the applicant gives the assessment manager or responsible entity for the pre-existing application a social impact assessment report and a community benefit agreement for the application - (i) the regulation; or - (ii) a notice given to the applicant by the Minister; or - (e) the process for administering the pre-existing application restarts from a point in the process stated in— (i) the regulation; or (ii) a notice given to the applicant by the Minister. - (i) the regulation; or - (ii) a notice given to the applicant by the Minister. - (i) if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 ; or - (ii) if the pre-existing application is a change application that has been accepted under section 79 (4) —the application is taken not to have been accepted under the section; or - (i) the regulation; or - (ii) a notice given to the applicant by the Minister; or - (i) the regulation; or - (ii) a notice given to the applicant by the Minister. - (a) modify a period stated in this chapter for assessing and deciding the pre-existing application; or - (b) provide that the pre-existing application lapses after a stated period.