sec.349Particular existing applications

### sec.349 Particular existing applications This section applies in relation to an application for the grant or amendment of a development approval— made on or after 15 September 2000 under this Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 ; but not decided before the commencement. For the purpose of deciding the application, a reference to infrastructure in a relevant provision includes, and is taken to have always included, a reference to a building, or other structure, built or used for any purpose. In this section— deciding , an application, includes dealing with the application. relevant provision , in relation to an application for the grant or amendment of a development approval, means— if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or if the repealed Sustainable Planning Act 2009 applies to deciding the application—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or if this Act applies to deciding the application—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management . s 349 ins 2019 No.17 s 357B (sec.349-ssec.1) This section applies in relation to an application for the grant or amendment of a development approval— made on or after 15 September 2000 under this Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 ; but not decided before the commencement. (sec.349-ssec.2) For the purpose of deciding the application, a reference to infrastructure in a relevant provision includes, and is taken to have always included, a reference to a building, or other structure, built or used for any purpose. (sec.349-ssec.3) In this section— deciding , an application, includes dealing with the application. relevant provision , in relation to an application for the grant or amendment of a development approval, means— if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or if the repealed Sustainable Planning Act 2009 applies to deciding the application—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or if this Act applies to deciding the application—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management . - (a) made on or after 15 September 2000 under this Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 ; but - (b) not decided before the commencement. - (a) if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or - (b) if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or - (c) if the repealed Sustainable Planning Act 2009 applies to deciding the application—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or - (d) if this Act applies to deciding the application—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .