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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 46 Applications made before commencement of Historic Cultural Heritage Amendment Act 2013

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 46

Applications made before commencement of Historic Cultural Heritage Amendment Act 2013

(1)  In this section –
former Act means this Act as in force at any time before the Part 6 substitution day;
former Part 6 means Part 6 of this Act as in force at any time before the Part 6 substitution day;
interim period means the period –
(a) beginning on the Part 6 substitution day; and
(b) ending immediately before the validation Act commencement day;
interim period approval means –
(a) an approval that –
(i) was, during the interim period, purportedly given, under the former Part 6, in relation to a surviving application; and
(ii) would have been valid if the former Part 6 had applied (other than by virtue of this section), in relation to the surviving application, during the interim period; or
(b) if the former Part 6 had applied (other than by virtue of this section), before the validation Act commencement day, in relation to a surviving application, an approval that would have been taken to have been given under section 42 of this Act, as in force immediately before the Part 6 substitution day, in relation to the surviving application;
Part 6 substitution day means the day on which section 22 of the Historic Cultural Heritage Amendment Act 2013 commenced;
surviving application means an application that –
(a) was lodged under section 32 of this Act as in force at any time before the Part 6 substitution day; and
(b) was not, before the Part 6 substitution day –
(i) approved under the former Act; or
(ii) taken to be approved under the former Act; or
(iii) refused under the former Act; or
(iv) withdrawn;
validation Act commencement day means the day on which the Historic Cultural Heritage Amendment (Validation) Act 2015 commences.
(2)  Part 6 of this Act, as in force immediately before the Part 6 substitution day, is to be taken to have been in force in the interim period, and is to be taken to be in force after the validation Act commencement day, in relation to –
(a) a surviving application; and
(b) an interim period approval; and
(c) an approval given, in relation to a surviving application, under Part 6 of the Act as applied by virtue of this subsection –
until the application, interim period approval, or approval, respectively, ceases to be in force under Part 6 of the Act as applied by virtue of this section.