sec.346Declaratory proceedings in P&E Court for particular matters under old Act

### sec.346 Declaratory proceedings in P&E Court for particular matters under old Act This section applies if— before the old Act was repealed, a proceeding could have been brought under the old Act, section 456 about a matter under the old Act that arose before the repeal; and immediately before the repeal, the proceeding had not been started. This section also applies in relation to a matter that arose after the old Act was repealed, if the matter is in relation to— a statutory instrument to which section 287 applies; or an application mentioned in section 288(1). It is declared that, despite section 311(4), a person has a right, and has always had a right, to bring a proceeding about the matter under the P&E Court Act, part 2, division 3. See also the P&E Court Act, section 76 and part 10, division 2. However, if the proceeding is brought under the P&E Court Act, section 12 in relation to a development application under the old Act, the proceeding may be brought only by the assessment manager for the development application under the old Act. s 346 ins 2019 No. 11 s 182 (sec.346-ssec.1) This section applies if— before the old Act was repealed, a proceeding could have been brought under the old Act, section 456 about a matter under the old Act that arose before the repeal; and immediately before the repeal, the proceeding had not been started. (sec.346-ssec.2) This section also applies in relation to a matter that arose after the old Act was repealed, if the matter is in relation to— a statutory instrument to which section 287 applies; or an application mentioned in section 288(1). (sec.346-ssec.3) It is declared that, despite section 311(4), a person has a right, and has always had a right, to bring a proceeding about the matter under the P&E Court Act, part 2, division 3. See also the P&E Court Act, section 76 and part 10, division 2. (sec.346-ssec.4) However, if the proceeding is brought under the P&E Court Act, section 12 in relation to a development application under the old Act, the proceeding may be brought only by the assessment manager for the development application under the old Act. - (a) before the old Act was repealed, a proceeding could have been brought under the old Act, section 456 about a matter under the old Act that arose before the repeal; and - (b) immediately before the repeal, the proceeding had not been started. - (a) a statutory instrument to which section 287 applies; or - (b) an application mentioned in section 288(1).