sec.98Existing development approvals and development applications

### sec.98 Existing development approvals and development applications A development approval under the Planning Act that is in force immediately before 8 October 2009 has effect as if the amending Act had not been enacted. Subsection (3) applies if, immediately before 8 October 2009— a development application had been made; and clearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and the application was a properly made application and had not lapsed under the Planning Act; and the application had not been decided. If a development approval under the Planning Act is given for the development, the regulated regrowth vegetation may be cleared under the development approval as if the amending Act had not been enacted. s 98 prev s 98 ins 2000 No. 35 s 24 exp 16 September 2000 (see prev s 100) pres s 98 ins 2009 No. 43 s 48 (retro) (sec.98-ssec.1) A development approval under the Planning Act that is in force immediately before 8 October 2009 has effect as if the amending Act had not been enacted. (sec.98-ssec.2) Subsection (3) applies if, immediately before 8 October 2009— a development application had been made; and clearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and the application was a properly made application and had not lapsed under the Planning Act; and the application had not been decided. (sec.98-ssec.3) If a development approval under the Planning Act is given for the development, the regulated regrowth vegetation may be cleared under the development approval as if the amending Act had not been enacted. - (a) a development application had been made; and - (b) clearing regulated regrowth vegetation is a natural and ordinary consequence of the development the subject of the application; and - (c) the application was a properly made application and had not lapsed under the Planning Act; and - (d) the application had not been decided.