Commission authorised to assume functions under the repealed Act
6 Commission authorised to assume functions under the repealed Act
On and after the designated day, the State Planning Commission will assume the functions, powers and duties of a designated entity under the repealed Act (including the repealed Act as it applies subject to the operation of this Schedule).
On the designated day—
a designated entity is dissolved by force of this subclause; and
a person holding office as a member of a designated entity will cease to hold that office (and no right of action arises and no compensation is payable in respect of the appointment to that office coming to an end).
On and after the designated day, a reference in any Act, statutory instrument or other instrument or document to a designated entity will, unless the context otherwise requires, be taken to be a reference to the State Planning Commission.
Any proceedings before, or being conducted by, a designated entity immediately before the designated day will, subject to any directions of the State Planning Commission, be transferred to the
Commission where they may proceed as if they had been commenced before, or by, the Commission.
The
State Planning Commission may—
adopt any findings or determinations of a designated entity that may be relevant to the proceedings of the Commission; and
adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to any proceedings before, or being conducted by, a designated entity before the designated day; and
receive in evidence any transcript of evidence in proceedings before, or being conducted by, a designated entity before the designated day and draw any conclusions of fact from that evidence that appear proper; and
take other steps to promote or ensure the smoothest possible transition on account of the transfer of functions, powers and duties under this clause.
The
State Planning Commission must delegate any functions or powers as a relevant authority with respect to determining whether or not to grant development plan consent under the repealed Act that the
Commission acquires by operation of this clause—
to
1 or more committees established by the Commission; or
to a person for the time being occupying a particular office or position.
In this clause—
designated entity means—
the
Development Assessment Commission under the repealed Act; and
the
Building Rules Assessment Commission under the repealed Act; and
the
Development Policy Advisory Committee under the repealed Act.
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