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PLANNING ACT 2016 - SECT 349
Particular existing applications
349 Particular existing applications
(1) This section applies in relation to an application for the grant or
amendment of a development approval— (a) made on or after 15 September 2000
under this Act, the repealed Sustainable Planning Act 2009 or the repealed
Integrated Planning Act 1997 ; but
(b) not decided before the commencement.
(2) For the purpose of deciding the application, a reference to infrastructure
in a relevant provision includes, and is taken to have always included, a
reference to a building, or other structure, built or used for any purpose.
(3) In this section—
"deciding" , an application, includes dealing with the application.
"relevant provision" , in relation to an application for the grant or
amendment of a development approval, means— (a) if the repealed Integrated
Planning Act 1997 , as in force before 4 October 2004, applies to deciding the
application—the repealed Integrated Planning Act 1997 , schedule 8 , section
22 , definitions
"essential management" and
"routine management" ; or
(b) if the repealed Integrated Planning Act 1997 ,
as in force on or after 4 October 2004, applies to deciding the
application—the repealed Integrated Planning Act 1997 , schedule 10 ,
definitions
"essential management" and
"routine management" ; or
(c) if the repealed Sustainable Planning Act 2009
applies to deciding the application—the repealed Sustainable Planning
Regulation 2009 , schedule 26 , definitions
"essential management" and
"routine management" ; or
(d) if this Act applies to deciding the
application—the Planning Regulation 2017, schedule 24 , definitions
"essential management" and
"routine management" .
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