Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009
18Applications under Land Use Planning and Approvals Act 1993 not determined before commencement day
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18 Applications under Land Use Planning and Approvals Act 1993 not determined before commencement day
(1) In this section –
planning authority has the same meaning as in the Land Use Planning and Approvals Act 1993 ;
relevant application means an application for a permit under the Land Use Planning and Approvals Act 1993 –
(a) that was made, but not determined, under that Act before the commencement day; and
(b) that is an application in relation to which a notice to a regulated entity under section 56O of the Water and Sewerage Industry Act 2008 would, apart from this section, be required under that Act to be given.
(2) Subdivision 3 of Division 2A of Part 4 of the Water and Sewerage Industry Act 2008 does not apply to a relevant application.
(3) A planning authority must, before determining a relevant application made to it, consult with a regulated entity to whom, but for subsection (2) , a notice in relation to the application would be required to be given under section 56O of the Water and Sewerage Industry Act 2008 .
(4) Subsection (3) does not apply to a planning authority in relation to a relevant application if the planning authority determines that it is not reasonably practicable for it to consult with the regulated entity before determining the application.