Planning Act 2023

This section applies if, before the commencement day—

the repealed Act, section 298B (1) applies to a lease; and

the time to complete works has been extended because of the repealed Act, section 298B (2); and

the planning and land authority has not extended the time to complete the works to a stated time under the repealed Act, section 298B (2) (a).

Section 374 is taken to apply to the lease from the time the building and development provision required the works to be completed and—

any required fee paid in relation to the lease is taken to be payment of the noncompliance fee; and

any reduction or waiver of the required fee under the repealed Act or the Financial Management Act 1996, section 131 (or an application for a reduction or waiver) is taken to apply in relation to the noncompliance fee.

To remove any doubt, this Act, section 374 does not apply to a lease if the planning and land authority refused to extend the time to complete the works under the repealed Act, section 298B (2) (b).