SCHEDULE 5 - Savings and transitional provisions

Section 45

1.    Interpretation

In this Schedule –

planning authority means the Hobart City Council.

2.    Provisions relating to applications for permits

(1) On the commencement of this Act, an application for a permit under the planning scheme which the planning authority has not determined is taken to be an application to the Authority.

(2) The planning authority must, not later than 14 days after the commencement of this Act, supply the Authority with any application referred to in subclause (1) and any associated documents.

(3) The period specified in section 57(6)(b) or section 58(2) of the Land Use Planning and Approvals Act 1993 commences on the day on which the Authority receives the application referred to in subclause (1) from the planning authority.

3.    Provisions relating to planning approvals

(1) On the commencement of this Act, if an appeal has been lodged under Division 3 of Part 4 of the Land Use Planning and Approvals Act 1993 against a decision of the planning authority, the appeal is to be dealt with as if this Act had not been enacted.

(2) On and from the commencement of this Act, if a person has a right of appeal under Division 3 of Part 4 of the Land Use Planning and Approvals Act 1993 against a decision of the planning authority, that right continues as if this Act had not been enacted.

4.    Provisions relating to planning scheme amendments

On the commencement of this Act, if the Commission has received a report under section 39 of the Land Use Planning and Approvals Act 1993 from the planning authority, the consideration by the Commission under section 40 of that Act continues as if this Act had not been enacted.

5.    Proceedings under section 63 of the Land Use Planning and Approvals Act 1993

On the commencement of this Act, any proceedings already commenced by the planning authority against a person for a contravention under section 63 of the Land Use Planning and Approvals Act 1993 continue as if this Act had not been enacted.

6.    Proceedings under section 63A of the Land Use Planning and Approvals Act 1993

On the commencement of this Act, any proceedings already commenced against the planning authority under section 63A of the Land Use Planning and Approvals Act 1993 continue as if this Act had not been enacted.

7.    Proceedings under section 64 of the Land Use Planning and Approvals Act 1993

On the commencement of this Act, any proceedings already commenced by the planning authority to seek an order under section 64 of the Land Use Planning and Approvals Act 1993 continue as if this Act had not been enacted.

8.    Applications, permits, consents, certificates, approvals or authorisations under Building Act 2000

This Act does not apply to any application, permit, consent, certificate, approval or authorisation made, granted or in force under the Building Act 2000 before the commencement of this Act.

9.    Notices, orders or proceedings under Building Act 2000

This Act does not apply to any notice, order or proceedings made, issued or instituted under the Building Act 2000 before the commencement of this Act.

10.    Appeals or applications under Building Act 2000

This Act does not apply to any appeal or application to the Building Appeal Board made under the Building Act 2000 before the commencement of this Act.