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PLANNING ACT 2016 - SECT 286 Documents

PLANNING ACT 2016 - SECT 286

Documents

286 Documents

(1) This section applies to a document under the old Act that is in effect when the old Act is repealed.
(2) Subject to this part, the document continues to have effect according to the terms and conditions of the document, even if the terms and conditions could not be imposed under this Act.
(3) This Act applies to the document as if the document had been made under this Act.
(4) To remove any doubt, it is declared that the document took effect or was made, given or received when the document took effect or was made, given or received under the old Act.
(5) The name of the document does not change unless subsection (6) applies to the document.
(6) If a document stated in column 1 of the following table is in effect when the old Act is repealed, the document is taken to be the document stated in column 2 of the table.

Column 1

Old name
Column 2

New name
a compliance certificate for a subdivision plan given under the repealed Sustainable Planning Regulation 2009 , schedule 19 an approval made under a regulation for section 284(2)(b)
a compliance permit a development permit
a designation of land for community infrastructure a designation
a notice under the old Act, section 97, about a request to apply a superseded planning scheme a decision notice under section 29(7)
a preliminary approval to which the old Act, section 242 applied a variation approval
a statement by the Minister under the old Act, section 255 a decision of the Minister under section 48(7)
(7) In this section—


"document"
(a) includes—
(i) an agreement (an infrastructure agreement or breakup agreement, for example); and
(ii) an instrument of appointment (the appointment of a referee, the registrar or a committee, for example); and
(iii) an approval (a development permit or preliminary approval, for example), including a deemed approval and a decision taken to have been made under the old Act, section 96(5); and
(iv) a certificate (a planning and development certificate, for example); and
(v) a delegation; and
(vi) a direction; and
(vii) a notice (a notice under the old Act, section 255D(4), call in notice, decision notice, enforcement notice, infrastructure charges notice or show cause notice, for example); and
(viii) a notation; and
(ix) a notification (a public notification, for example); and
(x) an order (an enforcement order, for example); and
(xi) a planning instrument (a State planning policy, regional plan, planning scheme, planning scheme policy, or temporary local planning instrument, for example); and
(xii) a superseded planning scheme; and
(xiii) a resolution (a charges resolution, for example); but
(b) does not include—
(i) an approved form; or
(ii) a guideline made by the Minister or chief executive; or
(iii) a regulation.