Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017

The following provisions apply in conjunction with regulation 10.

An application made to a relevant authority under section 39 of the repealed Act with respect to a proposed development within an area of the State that is subject to the revocation of the relevant Development Plan that has not been finally determined before the relevant day in relation to that area may be continued and completed under the provisions of the repealed Act, except that—

notice of a decision on the application will be in the form that applies under section 126 of the PDI Act rather than the form that applies under section 40 of the repealed Act; and

section 127 of the PDI Act will apply in relation to the application rather than section 42 of the repealed Act; and

a decision on the application will, once given, be taken to be a decision given under the PDI Act (and the PDI Act will apply in relation to the relevant development authorisation).

The repealed Act will continue to apply to and in relation to a proposed development or project that is the subject of a declaration made under section 46 of the repealed Act before the relevant day in relation to the area within which the development or project would be undertaken (and that has not been the subject of a decision of the Governor under section 48 of the repealed

section 48 of the repealed Act will, on or after the relevant day, apply in relation to the development or project as if a reference to the Governor were a reference to the Minister (and a decision of the

sections 46B(9) to (12), 46C(9) to (12),

To avoid doubt, if a development or project of a kind referred to in subregulation (3) is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, subregulation (3) applies in respect of the assessment of the development or project (even though it is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(b) applies).

An application—

lodged under section 49 or 49A of the repealed Act with respect to a proposed development within an area of the State that is subject to the revocation of the relevant Development Plan; and

that has not been finally determined before the relevant day in relation to that area, may be continued and completed under the provisions of the repealed

To avoid doubt, if development of a kind referred to in subregulation (4) is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, subregulation (4) applies to the assessment of the development (even though it is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(b) applies).

If development is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, then—

an application for a development authorisation in relation to the development made after the relevant day will be assessed in all respects as if regulation 10(1)(a) applied in relation to the development; and

—

in the case of an application to which section 111 of the

in any other case—the Commission will be the relevant authority.

If—

regulation 10(1)(a) applies in relation to an area of the

the Planning and Design Code, in applying under that regulation, overlaps with the area to which a Development Plan continues to apply by virtue of the operation of regulation 10(1)(b), then—

any development that would, but for this subregulation, be subject to the Planning and Design Code and to a Development Plan by virtue of the overlap will be assessed in all respects as if regulation 10(1)(a) applied in relation to the development; and

—

in the case of an application to which section 111 of the

in any other case—the Commission will be the relevant authority.

In relation to the operation of Schedule 8 clause 4 of the PDI Act—

the clause will not apply in relation to development within an area of the State to which a Development Plan relates until development in that area is to be assessed under the PDI Act; and

the designated day under that clause in relation to development within that area will be taken to be the relevant day applying under regulation 10(1)(a) in relation to that area.

In addition to Schedule 8 clause 16 of the

a member of an assessment panel does not need to be an accredited professional under the PDI Act (or under the

an assessment manager for an assessment panel does not need to be an accredited professional under the PDI Act (or under the