Appeal to Appeals Tribunal under former Act
171 Appeal to Appeals Tribunal under former Act
(1) If a notice of appeal within the meaning of the former Act was lodged with the former Appeals Tribunal under section 99 of the former Act and a hearing (other than a preliminary hearing) in respect of the matter was held under that Act before the commencement date:
the former Appeals Tribunal; and
(b) the former consent authority whose determination is the subject of the notice of appeal,
continue in existence for the purpose of determining the matter and Part 9 of the former Act applies as if the former Act had not been repealed by this Act.
(2) If a notice of appeal was lodged with the former Appeals Tribunal under section 99 of the former Act and a hearing (other than a preliminary hearing) in respect of the matter was not held before the commencement date:
(a) the former consent authority in respect of the land to which the instrument relates is to be the consent authority for the purposes of the appeal; and
(b) this Act applies as if the notice of appeal had been lodged with the Appeals Tribunal under this Act.
(3) If a person had, immediately before the commencement date, a right of appeal to the former Appeals Tribunal under the former Act but had not before the commencement date lodged a notice of appeal under section 99 of the former Act:
(a) a notice of appeal may be lodged under and in accordance with section 118 of this Act as if the determination of the former consent authority were a determination under the relevant corresponding provision of this Act; and
(b) the former consent authority under the former Act whose determination is the subject of the appeal is to be taken to be the consent authority in respect of the land to which the request relates for the purposes of determining the appeal.
This Act’s bill:Second reading speech
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