Provisions about avoiding conflicts with development approvals
298 Provisions about avoiding conflicts with development approvals
In this section —
commencement day means the day on which Part 3 of the 2023 amendment Act comes into operation;
former Part 17 Division 3 means Part 17 Division 3 as in force immediately before commencement day.
If a term used in this section is given a meaning in section 171ZE, it has the same meaning in this section.
This section applies for the purposes of the application of Part 11C on and from commencement day.
Sections 171ZJ and 171ZK apply in relation to a relevant development approval whether it is granted before, on or after commencement day.
Sections 171ZL and 171ZM —
apply in relation to a relevant development approval whether it is granted before, on or after commencement day; and
apply in relation to the performance of a function that conflicts with a relevant development approval —
if the relevant development approval is an approval of development granted by the Commission under section 274 — whether the function is performed before, on or after commencement day; or
otherwise — only if the function is performed on or after commencement day.
A notification or application of a kind referred to in column 1 of an item in the Table that was made before commencement day in relation to the performance or proposed performance of a function under a relevant legal instrument is, on and from commencement day, taken to be a notification or application of a kind referred to in column 2 of that item.
Table
Column 1 | Column 2 |
|---|---|
Notification under s. 281(2)(a) | Notification under s. 171ZJ(2)(a) |
Notification under s. 281(8) | Notification under s. 171ZK(6) |
Application under s. 282(2) | Application under s. 171ZL(2) |
Despite the amendments made by sections 17 and 18 of the 2023 amendment Act, former Part 17 Division 3, and section 283(7) as in force immediately before commencement day, continue to apply in relation to a direction given under section 281 or 282 before commencement day.
A reference in subsection (6) or (7) to section 281 or 282, or a subsection or paragraph of section 281 or 282, is a reference to that provision as in force before commencement day.
[Section 298 inserted: No. 34 of 2023 s. 82.]
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