sec.161Infrastructure charges notices— s 99BRCJ as in force before 5 December 2014

### sec.161 Infrastructure charges notices— s 99BRCJ as in force before 5 December 2014 This section applies in relation to an infrastructure charges notice given for a water approval before the commencement if— section 99BRCJ as in force before 5 December 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 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , 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 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , 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 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval. For subsections (2) to (4) , new section 99BRCJ applies as if— a reference in the section to the Planning Act includes a reference to the repealed SPA; and a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA . s 161 ins 2025 No. 14 s 85O (sec.161-ssec.1) This section applies in relation to an infrastructure charges notice given for a water approval before the commencement if— section 99BRCJ as in force before 5 December 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.161-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 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given. (sec.161-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 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given. (sec.161-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 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval. (sec.161-ssec.5) For subsections (2) to (4) , new section 99BRCJ applies as if— a reference in the section to the Planning Act includes a reference to the repealed SPA; and a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA . - (a) section 99BRCJ as in force before 5 December 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 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval. - (a) a reference in the section to the Planning Act includes a reference to the repealed SPA; and - (b) a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .