sec.340Particular representations dealt with before commencement

### sec.340 Particular representations dealt with before commencement This section applies if— before 3 July 2017, an assessment manager for a development application under the old Act gave the applicant a decision notice for the application under the old Act, section 334; and on or after 3 July 2017, the applicant made representations to the assessment manager about the decision notice under the old Act, section 361 or section 75 of this Act; and before the commencement, the assessment manager gave the applicant a notice, under the old Act, section 363(1) or (5) or section 76(2) of this Act, in relation to the representations. If the notice was given under the old Act, section 363(1) or (5), the notice— is not invalid merely because it was given under that section instead of under section 76(2) of this Act; and is not invalid merely because, before giving the notice, the assessment manager complied with the old Act, section 363(2) instead of section 76(1) of this Act; and is taken to be and to have always been— for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations. If the notice was given under section 76(2) of this Act, the notice— is not invalid merely because it was given under that section instead of under the old Act, section 363(1) or (5); and is not invalid merely because, before giving the notice, the assessment manager complied with section 76(1) of this Act instead of the old Act, section 363(2). s 340 ins 2019 No. 11 s 182 (sec.340-ssec.1) This section applies if— before 3 July 2017, an assessment manager for a development application under the old Act gave the applicant a decision notice for the application under the old Act, section 334; and on or after 3 July 2017, the applicant made representations to the assessment manager about the decision notice under the old Act, section 361 or section 75 of this Act; and before the commencement, the assessment manager gave the applicant a notice, under the old Act, section 363(1) or (5) or section 76(2) of this Act, in relation to the representations. (sec.340-ssec.2) If the notice was given under the old Act, section 363(1) or (5), the notice— is not invalid merely because it was given under that section instead of under section 76(2) of this Act; and is not invalid merely because, before giving the notice, the assessment manager complied with the old Act, section 363(2) instead of section 76(1) of this Act; and is taken to be and to have always been— for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations. (sec.340-ssec.3) If the notice was given under section 76(2) of this Act, the notice— is not invalid merely because it was given under that section instead of under the old Act, section 363(1) or (5); and is not invalid merely because, before giving the notice, the assessment manager complied with section 76(1) of this Act instead of the old Act, section 363(2). - (a) before 3 July 2017, an assessment manager for a development application under the old Act gave the applicant a decision notice for the application under the old Act, section 334; and - (b) on or after 3 July 2017, the applicant made representations to the assessment manager about the decision notice under the old Act, section 361 or section 75 of this Act; and - (c) before the commencement, the assessment manager gave the applicant a notice, under the old Act, section 363(1) or (5) or section 76(2) of this Act, in relation to the representations. - (a) is not invalid merely because it was given under that section instead of under section 76(2) of this Act; and - (b) is not invalid merely because, before giving the notice, the assessment manager complied with the old Act, section 363(2) instead of section 76(1) of this Act; and - (c) is taken to be and to have always been— (i) for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or (ii) for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations. - (i) for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or - (ii) for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations. - (i) for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or - (ii) for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations. - (a) is not invalid merely because it was given under that section instead of under the old Act, section 363(1) or (5); and - (b) is not invalid merely because, before giving the notice, the assessment manager complied with section 76(1) of this Act instead of the old Act, section 363(2).