Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 124

124. (1) In this section—“transitional application” means an application for approval to conduct a controlled activity made in accordance with section 226 of the Principal Act in relation to which no decision had been made, or had been deemed to have been made, immediately before the commencement day.

(2) The Principal Act as amended by this Act applies in relation to a transitional application, and any decision made in relation to a transitional application, as if—

        (a)     the application were an application for approval to undertake a development;

        (b)     the reference to the prescribed period in subsection 230 (2) of the Principal Act as amended by this Act were a reference to the period prescribed in relation to the application under subsection 230 (4) of the Principal Act as in force on the day the application was made, as extended (if at all) pursuant to the Land (Planning and Environment) Regulations;

        (c)     subsection 230 (3) did not apply in relation to the application; and

        (d)     anything done or omitted to be done in relation to the application before the commencement day had been done or omitted to be done (as the case may be) in relation to the application as an application for approval to undertake a development.

(3) Notwithstanding subsection 230 (2) of the Principal Act as it applies to a transitional application, the relevant authority may approve a transitional application at any time after the expiration of the period applying to the application by virtue of paragraph (2) (b) of this section until the expiration of the last day on which application may be made to the Administrative Appeals Tribunal for a review of a decision to refuse to approve the application.

(4) If, immediately before the commencement day, an application for approval to conduct a controlled activity under section 226 of the Principal Act had been refused, or had been deemed to have been refused, subsection 230 (5) of the Principal Act as in force immediately before the commencement day continues to apply in relation to the application as if this Act had not been made.