Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

An application for a permit under the 1984 Act that had not been finally determined before the appointed day is to be dealt with under Part 5 of that Act as if the amending Act had not been enacted.

For the purposes of this clause, an application is not finally determined unless—

a permit is granted or refused and no appeal against the decision to grant or refuse the permit is made within 12 months after the date on which the permit is granted or refused, or

if such an appeal is made, the appeal is withdrawn or finally disposed of.

A permit under the 1984 Act, including a permit granted in accordance with this clause, is taken to be a development consent granted under the Act.

The Act applies to a development consent arising under this clause as if it had been granted when the permit referred to in subclause (3) was granted.