sec.371Infrastructure charges notices—old Act, s 636 as in force from 7 November 2014

### sec.371 Infrastructure charges notices—old Act, s 636 as in force from 7 November 2014 This section applies in relation to an infrastructure charges notice given for a development approval before the commencement if— the old Act, section 636 as in force from 7 November 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and the levied charge did not comply with the relevant provision 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. For subsections (2) to (4), new section 120 applies as if a reference in the section to a term that is defined under this Act and the old Act includes a reference to the term as defined under the old Act. s 371 ins 2025 No. 14 s 85K (sec.371-ssec.1) This section applies in relation to an infrastructure charges notice given for a development approval before the commencement if— the old Act, section 636 as in force from 7 November 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and the levied charge did not comply with the relevant provision when the notice was given. (sec.371-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.371-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.371-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.371-ssec.5) For subsections (2) to (4), new section 120 applies as if a reference in the section to a term that is defined under this Act and the old Act includes a reference to the term as defined under the old Act. - (a) the old Act, section 636 as in force from 7 November 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and - (b) the levied charge did not comply with the relevant provision 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.