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PLANNING ACT 2016 - SECT 308
Proceedings generally
308 Proceedings generally
(1) Subject to section 309, this section applies to a matter under the old
Act, if a person— (a) had started proceedings before the commencement but
the proceedings had not ended before the commencement; or
(b) had,
immediately before the commencement, a right to start proceedings; or
(c) has
a right to start proceedings that arises after the commencement in relation
to— (i) a statutory instrument mentioned in section 286; or
(ii) an
application mentioned in section 287.
(2) For proceedings that were started
in the Planning and Environment Court, Magistrates Court or the Court of
Appeal— (a) the old Act continues to apply to the proceedings; and
(b) this
Act applies to any appeal in relation to the proceedings as if the matter
giving rise to the appeal happened under this Act.
(3) For proceedings that
were started in a building and development committee— (a) if the committee
had been established before the old Act was repealed— (i) the old Act
continues to apply to the proceedings; and
(ii) this Act applies to any
appeal in relation to the proceedings; and
(iii) the committee must continue
to hear the proceedings despite the repeal of the old Act; or
(b) if the
committee had not been established before the old Act was repealed—this Act
applies to the proceedings, and any appeal in relation to the proceedings.
(4) For proceedings mentioned in subsection (1)(b) or (c), proceedings may be
brought only under this Act.
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