sec.76Proceedings

sec.76 Proceedings

This section applies to a matter under repealed SPA or an enabling Act if a person— had started proceedings under repealed SPA before the commencement but the proceedings had not ended before the commencement; or had, immediately before the commencement, a right to start proceedings under repealed SPA; or has a right to start proceedings that arises after the commencement in relation to— a statutory instrument mentioned in the Planning Act, section 287; or an application mentioned in the Planning Act, section 288; or any provision of an enabling Act that provides for the continuation of the matter after the commencement. This Act applies to any appeal in relation to proceedings mentioned in subsection (1)(a). Proceedings are continued under the Planning Act, section 311(2)(a). This Act will apply to an appeal in relation to the proceedings. This Act applies to the proceedings mentioned in subsection (1)(b) or (c) subject to subsections (4) and (5). For bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346. For applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2. For proceedings brought under section 11— a reference in that section to the Planning Act is taken to include a reference to repealed SPA; and a reference in that section to the Planning Act, chapter 3, part 6, division 2 is taken to include a reference to repealed SPA, chapter 6, part 11, division 1; and a reference in that section to the Planning Act, chapter 3, part 6, division 3 is taken to include a reference to a call in of an application under repealed SPA, chapter 6, part 11, division 2. For proceedings brought under section 12— a reference in that section to the application the subject of a call in under the Planning Act is taken to include a reference to an application under repealed SPA, chapter 6, part 11, division 2; and a reference in that section to the assessment manager is taken to include a reference to an assessment manager under repealed SPA. Also, to remove any doubt, it is declared that repealed SPA, section 440— applies also for a development approval that has lapsed; and is not limited to— circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action; and applies as if a reference to a provision not being complied with, or not being fully complied with, is taken to include— non-fulfilment of part or all of the provision; and a partial noncompliance with the provision. In this section— provision includes a definition. s 76 amd 2019 No. 11 s 189 (sec.76-ssec.1) This section applies to a matter under repealed SPA or an enabling Act if a person— had started proceedings under repealed SPA before the commencement but the proceedings had not ended before the commencement; or had, immediately before the commencement, a right to start proceedings under repealed SPA; or has a right to start proceedings that arises after the commencement in relation to— a statutory instrument mentioned in the Planning Act, section 287; or an application mentioned in the Planning Act, section 288; or any provision of an enabling Act that provides for the continuation of the matter after the commencement. (sec.76-ssec.2) This Act applies to any appeal in relation to proceedings mentioned in subsection (1)(a). Proceedings are continued under the Planning Act, section 311(2)(a). This Act will apply to an appeal in relation to the proceedings. (sec.76-ssec.3) This Act applies to the proceedings mentioned in subsection (1)(b) or (c) subject to subsections (4) and (5). For bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346. For applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2. (sec.76-ssec.4) For proceedings brought under section 11— a reference in that section to the Planning Act is taken to include a reference to repealed SPA; and a reference in that section to the Planning Act, chapter 3, part 6, division 2 is taken to include a reference to repealed SPA, chapter 6, part 11, division 1; and a reference in that section to the Planning Act, chapter 3, part 6, division 3 is taken to include a reference to a call in of an application under repealed SPA, chapter 6, part 11, division 2. (sec.76-ssec.5) For proceedings brought under section 12— a reference in that section to the application the subject of a call in under the Planning Act is taken to include a reference to an application under repealed SPA, chapter 6, part 11, division 2; and a reference in that section to the assessment manager is taken to include a reference to an assessment manager under repealed SPA. (sec.76-ssec.6) Also, to remove any doubt, it is declared that repealed SPA, section 440— applies also for a development approval that has lapsed; and is not limited to— circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action; and applies as if a reference to a provision not being complied with, or not being fully complied with, is taken to include— non-fulfilment of part or all of the provision; and a partial noncompliance with the provision. (sec.76-ssec.7) In this section— provision includes a definition.