Planning Act 2023

This section applies if, before the commencement day—

a person made a development application under the repealed Act, chapter 7 (Development approvals); and

the application has not been finally decided.

The repealed Act continues to apply in relation to the development application despite its repeal.

However, the development application may be amended under the repealed Act, section 144 only if the applicant asks for the amendment not later than 6 months after the commencement day.

Also, the development application is taken to have been withdrawn if the application was made under any of the following provisions of the repealed Act:

section 137AA (Applications in anticipation of territory plan variation—made before draft plan variation prepared);

section 137AB (Applications in anticipation of territory plan variation—made after draft plan variation prepared);

section 137AD (Applications for development encroaching on adjoining territory land if development prohibited)—if the application was accompanied by a proposed technical amendment under the repealed Act, section 90B (Rezoning—development encroaching on adjoining territory land).

In this section:

finalised means—

for a non‑ACAT reviewable decision—

a decision on the reconsideration application has been made under the repealed Act, section 193 (1) (b); or

the original decision has been taken to be confirmed under the repealed Act, section 194 (No action by authority within time); or

for a review by the ACAT—

the ACAT has made an order in relation to the decision under the ACT Civil and Administrative Tribunal Act 2008, section 68 (3) (Review of decisions); or

the application for review has been withdrawn, dismissed or struck out.

finally decided—a development application under the repealed Act, chapter 7 is finally decided if—

the application is approved under the repealed Act, section 162 (Deciding development applications); or

if the application is approved subject to a condition or is refused—

the review period has ended and no application for review has been made; or

if an application for review has been made in the review period—the review has been finalised.

non-ACAT reviewable decision means a decision on a development application mentioned in the repealed Act, section 175 (1) (b) (ii).

original decision—see the repealed Act, section 191 (1) (a).

reconsideration application—see the repealed Act, section 191 (3).

review means—

for a non‑ACAT reviewable decision—reconsideration of a decision in relation to the development application under the repealed Act, division 7.3.10; and

in any other case—review by the ACAT.

review period means—

for a non-ACAT reviewable decision—the relevant period within which a reconsideration application must be made under the repealed Act, section 191 (5); and

for a review by the ACAT—the relevant period within which an application for review of a decision must be made under the ACT Civil and Administrative Tribunal Act 2008.