Section 51 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:

(3)  The decision of a planning authority on an application referred to in subsection (1A) or (1B) is to be made in accordance with the provisions of the planning scheme as in effect on the day on which the application is validly made, unless another subsection of this section applies in relation to the application.

(3AA)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 41(a) of this Act, as in force before the day on which section 10 of the Tasmanian Planning Scheme Amendment Act commenced, to modify, or alter to a substantial degree, a draft amendment of a planning scheme; and

(b) there is not in effect, on the day on which the application is validly made, an amendment, of the planning scheme, in the terms, or substantially in the terms, of the draft amendment of the planning scheme, modified or altered as required by the direction –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the planning scheme, in the terms, or substantially in the terms, of the draft amendment, modified or altered as required by the direction, were in effect on that day.

(3AB)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 35K(1)(a) to modify a draft LPS; and

(b) there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –

(c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction, were in effect on that day; and

(d) the SPPs were, on that day, in effect in relation to the land to which the application relates.

(3AC)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and

(b) there is not in effect on the day on which the application is validly made, an LPS in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –

(c) an LPS, in the terms, or substantially in the terms, of the draft LPS, were in effect on that day; and

(d) an amendment of the LPS in the terms, or substantially in the terms, of the draft amendment of the LPS made in accordance with the direction, were in effect on that day; and

(e) the SPPs were in effect in relation to the land on that day.

(3AD)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and

(b) there is in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS; and

(c) there is no amendment of the LPS, in the terms, or substantially in the terms, of the draft amendment of the LPS prepared in accordance with the direction, that is in effect on that day –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the LPS, in the terms of a draft amendment of the LPS prepared in accordance with the direction, were in effect on that day.

(3AE)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and

(b) the planning authority has been directed under section 35K(1)(a) to modify a draft LPS but there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –

(c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction under section 35K(1)(a) , were in effect on that day; and

(d) an amendment had been made, under Part 3B , of an LPS in the terms, or substantially in the terms, of the draft of the amendment of the LPS that the planning authority has been directed under section 35KB to prepare; and

(e) the SPPs were, on that day, in effect in relation to the land to which the application relates.

(3AF)  If –

(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 40N to modify, or substantially modify, a draft amendment of an LPS; and

(b) there is no amendment of the LPS, substantially in the terms of the draft amendment of the LPS, modified, or substantially modified, in accordance with the direction that is in effect on that day –

the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as they would be in effect on that day if an amendment of the LPS made in accordance with the direction were in effect in relation to the land on that day.

(3AG)  If a permit in relation to land is granted, by a planning authority or the Appeal Tribunal, in accordance with a decision or determination that is made under this section or section 62 in accordance with the provisions, of the planning scheme, as those provisions would be in effect in relation to land, the decision or determination, and the grant of the permit, are not to be taken to be made in contravention of the provisions of the planning scheme as in effect on the day on which the decision or determination is made.