After section 36 —
insert—
37 Definitions for part In this part—
"amendment regulation" means the Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020 .
"former" , in relation to a provision, means the provision as in force from time to time before the provision was amended or repealed under the amendment regulation.
38 Offset conditions imposed on particular authorities Former section 10 and former schedules 1 and 2 continue to apply in relation to an offset condition imposed on the following authorities as if the amendment regulation had not commenced—(a) an authority given before the commencement;(b) an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies.
39 Particular applications and decisions about advanced offsets(1) Former part 6 continues to apply in relation to an application that was made under former section 14(1) or (6) or 15(1), but not decided, before the commencement as if the amendment regulation had not commenced.(2) Former parts 6 and 7 continue to apply in relation to a decision made under former section 14(3) or 15(3) before or after the commencement as if the amendment regulation had not commenced.
40 Dealing with land registered as advanced offsets by local governments(1) This section applies if—(a) before or after the commencement, a local government registers an area of land as an advanced offset in the register kept by the local government under section 90 of the Act; and(b) the land is an advanced offset for a matter other than a matter for which an environmental offset may be required under a local planning instrument.(2) On or after the commencement, the owner of the land may apply to the local government in the approved form—(a) for the area to no longer be identified as an advanced offset and to be removed from the register; or(b) to amend a boundary of the area.(3) Former parts 6 and 7 apply in relation to the application as if—(a) for an application made under subsection (2)(a)—the application were made under former section 14(6); or(b) for an application made under subsection (2)(b)—the application were made under former section 15(1).
41 Removing particular duplicate conditions Former section 36 continues to apply to in relation to an offset condition imposed on the following authorities as if the amendment regulation had not commenced—(a) an authority given before the commencement;(b) an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies.
42 Existing applications for authorities Former section 37 and former schedules 1 and 2 continue to apply in relation to an application for an authority that was made, but not decided, before the commencement as if the amendment regulation had not commenced.