sec.204Appeals and particular rights to appeal to a building and development dispute resolution committee

### sec.204 Appeals and particular rights to appeal to a building and development dispute resolution committee Subsections (2) to (4) apply if— a person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and the appeal had not been decided before the repealed Planning Act was repealed. If, before the repealed Planning Act was repealed, a building and development dispute resolution committee had been established under the repealed Planning Act for the appeal proceeding— former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act. Subsection (4) applies if a building and development dispute resolution committee had not been established under the repealed Planning Act for the appeal proceeding before the repealed Planning Act was repealed. Sections 30 to 32 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under section 30 to a development tribunal under the Planning Act about the matter. Subsections (6) and (7) apply if— immediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and the person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right. The person may, under section 30, appeal to a development tribunal under the Planning Act about the matter. Sections 30 to 32 and the Planning Act apply in relation to the appeal. In this section— former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 . repealed Planning Act means the repealed Sustainable Planning Act 2009 . s 204 ins 2016 No. 27 s 439 (sec.204-ssec.1) Subsections (2) to (4) apply if— a person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and the appeal had not been decided before the repealed Planning Act was repealed. (sec.204-ssec.2) If, before the repealed Planning Act was repealed, a building and development dispute resolution committee had been established under the repealed Planning Act for the appeal proceeding— former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act. (sec.204-ssec.3) Subsection (4) applies if a building and development dispute resolution committee had not been established under the repealed Planning Act for the appeal proceeding before the repealed Planning Act was repealed. (sec.204-ssec.4) Sections 30 to 32 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under section 30 to a development tribunal under the Planning Act about the matter. (sec.204-ssec.5) Subsections (6) and (7) apply if— immediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and the person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right. (sec.204-ssec.6) The person may, under section 30, appeal to a development tribunal under the Planning Act about the matter. (sec.204-ssec.7) Sections 30 to 32 and the Planning Act apply in relation to the appeal. (sec.204-ssec.8) In this section— former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 . repealed Planning Act means the repealed Sustainable Planning Act 2009 . - (a) a person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and - (b) the appeal had not been decided before the repealed Planning Act was repealed. - (a) former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and - (b) the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act. - (a) immediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and - (b) the person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right.