sec.370Infrastructure charges notices—former s 120

### sec.370 Infrastructure charges notices—former s 120 This section applies in relation to an infrastructure charges notice given for a development approval before the commencement if— former section 120 applied in relation to the levied charge under the notice; and the levied charge did not comply with former section 120 when the notice was given. It is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 120 been in force when the notice was given. Anything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 120 been in force when the notice was given. However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal— the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but new section 120 applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the development approval. In this section— former section 120 means section 120 as in force from time to time before the commencement. s 370 ins 2025 No. 14 s 85K (sec.370-ssec.1) This section applies in relation to an infrastructure charges notice given for a development approval before the commencement if— former section 120 applied in relation to the levied charge under the notice; and the levied charge did not comply with former section 120 when the notice was given. (sec.370-ssec.2) It is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 120 been in force when the notice was given. (sec.370-ssec.3) Anything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 120 been in force when the notice was given. (sec.370-ssec.4) However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal— the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but new section 120 applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the development approval. (sec.370-ssec.5) In this section— former section 120 means section 120 as in force from time to time before the commencement. - (a) former section 120 applied in relation to the levied charge under the notice; and - (b) the levied charge did not comply with former section 120 when the notice was given. - (a) the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but - (b) new section 120 applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the development approval.