207Schemes and orders

207 Schemes and orders (1) On the commencement of item 131 in the Schedule— (a) all planning schemes and interim development orders under the **Town and Country Planning Act 1961**; and (b) all orders under section 32(5) of that Act; and (c) all by-laws made under section 197(1)(xxxviii)(a) of the **Local Government Act 1958**— in force immediately before that commencement are revoked. S. 207(2) substituted by No. 5/1988 s. 6. (2) All acts, matters and things of a continuing nature made, done or commenced under or in relation to a revoked scheme or order that could have been made, done or commenced under or in relation to the relevant new planning scheme as in force on the commencement of item 131 in the Schedule, are to be taken, so far as relates to any period after that commencement, to have been made, done or commenced under or in relation to the new planning scheme. S. 207(3) substituted by No. 5/1988 s. 6. (3) On and from the commencement of item 131 in the Schedule— (a) all proceedings commenced by or against a responsible authority under or in relation to a revoked scheme or order may be continued by or against the responsible authority for the relevant new planning scheme; and (b) any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to a revoked scheme or order that could be so entered into under this Act in relation to the relevant new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and (c) all rights and liabilities existing under or in relation to a revoked scheme or order immediately before that commencement continue under or in relation to the relevant new planning scheme, insofar as the new scheme contains provisions to the like effect as provisions of the revoked scheme or order, and may be enforced by or against— (i) the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or (ii) the Geelong Regional Commission, if they were rights and liabilities of or enforceable against the Geelong Regional Commission immediately before that commencement; or (iii) a person or body that was liable to pay compensation under section 42(5B) or section 43(4) of the **Town and Country Planning Act 1961** immediately before that commencement, in the case of that liability; or (iv) the responsible authority for the new planning scheme, in any other case. S. 207(4) inserted by No. 5/1988 s. 6. (4) A notice in force under section 44 of the **Town and Country Planning Act 1961** before the commencement of item 131 in the Schedule in relation to a revoked scheme or order continues to have effect in relation to the relevant new planning scheme, insofar as the new scheme contains provisions to the like effect as provisions of the revoked scheme or order, as if it were an enforcement order made under Part 6 of this Act.