FISHERIES ACT 1994 - SECT 244
Applications in progress for particular relevant authorities
FISHERIES ACT 1994 - SECT 244
Applications in progress for particular relevant authorities
244 Applications in progress for particular relevant authorities
(1) This section applies to an application for a relevant authority, other
than an aquaculture licence for harvesting wild oysters from foreshores, if
the application is not finally decided before the commencement of this
section.
(2) From the commencement, the application is taken to be a
development application for which the chief executive is the assessment
manager.
(3) Also—
(a) for an application for development that must be
supported by evidence of the existence of a resource allocation authority for
the development—the following applies—
(i) the application is taken to
also be an application for the relevant resource allocation authority for the
development;
(ii) the part of the application for the resource allocation
authority must be decided first;
(iii) if the part of the application for the
resource allocation authority is refused—the whole application is taken to
have been withdrawn;
(iv) if the part of the application for the resource
allocation is granted—the day the part of the application is granted is
taken to be—
(A) if the chief executive has received, for the application,
further relevant information under section 54(2)—the day the decision stage
for the development application starts under the repealed Planning Act ; or
(B) otherwise—the day the information and referral stage for the development
application starts under the repealed Planning Act ; or
(b) for another
application—the day this section commences is taken to be—
(i) if the
chief executive has received, for the application, further relevant
information under section 54(2)—the day the decision stage for the
development application starts under the repealed Planning Act ; or
(ii)
otherwise—the day the information and referral stage for the development
application starts under the repealed Planning Act .
(4) In this section—
"repealed Planning Act" means the repealed Sustainable Planning Act 2009 .
