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Planning Act 2016
sec.288Applications generally
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### sec.288 Applications generally
This section applies to an application (however described) that was made under the old Act but was not decided before that Act was repealed.
The old Act continues to apply to the application instead of this Act.
In particular—
chapter 6, part 8, division 1 of the old Act applies for dealing with the decision notices and deemed approvals related to the application; and
chapter 6, part 11 of the old Act applies for Ministerial powers related to the application.
However, chapter 7, part 4A of this Act applies instead of the old Act, section 259.
To remove any doubt, it is declared that a document that results from the application—
takes effect or is made when the application takes effect or is made under the old Act; but
is taken to have been made under this Act, even if that type of document can not be made under this Act.
If the resulting document is a document of a type mentioned in the table for section 286(6), that subsection applies to the document as if the document had been in effect when the old Act was repealed.
In this section—
application includes—
a claim for compensation; and
a request; and
a submission for an infrastructure charges notice under the old Act, section 641.
s 288 amd 2019 No. 11 s 178
(sec.288-ssec.1) This section applies to an application (however described) that was made under the old Act but was not decided before that Act was repealed.
(sec.288-ssec.2) The old Act continues to apply to the application instead of this Act.
(sec.288-ssec.3) In particular— chapter 6, part 8, division 1 of the old Act applies for dealing with the decision notices and deemed approvals related to the application; and chapter 6, part 11 of the old Act applies for Ministerial powers related to the application.
(sec.288-ssec.4) However, chapter 7, part 4A of this Act applies instead of the old Act, section 259.
(sec.288-ssec.5) To remove any doubt, it is declared that a document that results from the application— takes effect or is made when the application takes effect or is made under the old Act; but is taken to have been made under this Act, even if that type of document can not be made under this Act.
(sec.288-ssec.6) If the resulting document is a document of a type mentioned in the table for section 286(6), that subsection applies to the document as if the document had been in effect when the old Act was repealed.
(sec.288-ssec.7) In this section— application includes— a claim for compensation; and a request; and a submission for an infrastructure charges notice under the old Act, section 641.
- (a) chapter 6, part 8, division 1 of the old Act applies for dealing with the decision notices and deemed approvals related to the application; and
- (b) chapter 6, part 11 of the old Act applies for Ministerial powers related to the application.
- (a) takes effect or is made when the application takes effect or is made under the old Act; but
- (b) is taken to have been made under this Act, even if that type of document can not be made under this Act.
- (a) a claim for compensation; and
- (b) a request; and
- (c) a submission for an infrastructure charges notice under the old Act, section 641.