Page 2094 - Week 07 - Thursday, 23 August 2007

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insert

(including the territory plan and any other instruments under the repealed Act)

130

Proposed new clause 430A

Page 320, line 18—

insert

430ATransitional—applications for review not finally decided

(1) This section applies if, before commencement day—

(a) an application was made to the AAT for review of a decision of the Minister, or the planning and land authority, under the repealed Act; and

(b) the application had not been finally decided.

(2) To remove any doubt, the repealed Act (including the territory plan and any other instruments under the repealed Act) continues to apply for the purposes of deciding the application.

(3) To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

131

Clause 431

Page 320, line 19—

[oppose the clause]

132

Proposed new clause 433A

Page 323, line 12—

insert

433ATransitional—application for development approval if lease and development condition under repealed Act

(1) This section applies to a development application if the application is—

(a) not in the code track; and

(b) for development on land comprised in a lease to which a lease and development condition under the repealed Act applied immediately before commencement day.

(2) If the territory plan requires the lease and development condition to be considered in making a decision under section 158 (Deciding development applications) in relation to the development application, the planning and land authority, or Minister, must consider the condition in making the decision.

(3) This section expires 5 years after the day it commences.

133

Clause 435 (4)

Page 325, line 7—

omit clause 435 (4), substitute

(4) However, this section does not apply to a use of land, or a building or structure on the land, if the use—


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