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PLANNING ACT 2016 - SECT 313
Development control plans
313 Development control plans
(1) The old Act, section 86(4), continues to apply to— (a) the Ipswich City
Council’s Springfield Structure Plan; and
(b) the Moreton Bay Regional
Council’s Mango Hill Infrastructure Development Control Plan; and
(c) the
Sunshine Coast Regional Council’s Development Control Plan 1 Kawana Waters.
(2) The old Act, section 857— (a) continues to apply to a development
control plan stated in the old Act, section 857(1), until the plan is applied
or adopted under the old Act, section 86(4); and
(b) applies to a development
control plan applied or adopted under the old Act, section 86(4), whether
before or after the commencement.
(3) However, the old Act, section 857,
applies as if— (a) section 857(6) referred to this Act as well as to the
‘repealed IPA and this Act’; and
(b) section 857(7) referred to chapter 3
of this Act, or an instrument made under section 16 of this Act, instead of to
‘chapter 6 or a guideline made under section 117(1)’; and
(c) section
857(8) and (9) referred to a planning scheme under this Act as well as to a
‘transitional planning scheme’; and
(d) section 857(10) referred to a
planning scheme policy under this Act as well as to a ‘transitional planning
scheme policy’.
(4) The Minister’s powers under chapter 3, part 7 of this
Act apply to a plan or an amendment to a plan under the old Act, section
857(5), as if— (a) the process for making the plan were the development
assessment process for a development application; and
(b) the plan or
amendment were a development approval; and
(c) the local government were the
assessment manager for the development application for the approval.
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