Planning Act 2023

This section applies if—

before the commencement day, a person has been given a development approval under the repealed Act, chapter 7 (Development approvals); or

the territory planning authority or the Minister approves a development application under the repealed Act, chapter 7 on or after the commencement day because of section 613.

The development approval continues in force until the time when the approval would have ended under the repealed Act (including any period extended under the repealed Act, section 188 (2)).

The repealed Act, including the following provisions, continues to apply in relation to the development approval despite its repeal:

if the development approval is subject to an offset condition—the repealed Act, division 7.3.6A;

if the development approval relates to a development application for a chargeable variation of a nominal rent lease—the repealed Act, division 9.6.3.

Note Despite s (3), an application to amend the development approval under the repealed Act may only be made within 6 months after the commencement day. After the 6‑month period, an application to amend the development approval may only be made under this Act, s 205 as if the development approval were given under this Act. If the development approval is amended in accordance with s 616 (2), the development approval is taken to have been given under this Act and this section no longer applies to the development approval.