Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017

For the avoidance of doubt, the following provisions apply in relation to an existing major development authorisation:

section 115 of the Act applies to the existing major development authorisation (and the authorisation may be varied or cancelled in accordance with that section);

a declaration under section 46 of the repealed Act (or, in the case of a declaration made before 2 January 1997, section 48 of the repealed Act) on the basis of which the decision to grant the existing major development authorisation was made will be taken to be a declaration made by the Minister under section 108(1)(c) of the Act (and may be varied or revoked in accordance with section 108(6));

the EIS, PER or DR prepared under the repealed Act in connection with the development approved by the existing major development authorisation will be taken to be an EIS for the purposes of the Act (and may be amended in accordance with section 114);

the Assessment Report prepared under the repealed Act in connection with the development approved by the existing major development authorisation will be taken to be an Assessment Report for the purposes of the Act (and may be amended in accordance with section 114).

In this regulation—

a development authorisation granted under section 48 of the repealed Act that is taken to be a development authorisation under the Act pursuant to Schedule 8 clause 3 of the Act; or

a development authorisation granted under section 48 of the repealed Act in accordance with regulation 11(3).