Planning and Development, Maritime and Valuation (Amendment) Act 2022

41

Transitional provisions

41. (1) The amendment of section 31(8) of the Principal Act effected by section 3(c) shall apply in respect of a report under that section 31(8) relating to a notice issued by the Minister under section 31(3) of the Principal Act after the coming into operation of section 3(c).

(2) Where a report has been made to the Office of the Planning Regulator in accordance with section 31AN(3) of the Principal Act before the date of coming into operation of section 5 , section 31AN(4) of the Principal Act shall continue to apply in respect of the report on and after that date as if section 5 had not come into operation.

(3) Where, before the coming into operation of section 5 , the Office of the Planning Regulator has recommended to the Minister under section 31AN(4) of the Principal Act that he or she issue a direction with or without minor amendments, section 31AN(4A) (inserted by section 5(c)) of the Principal Act shall apply in respect of the recommendation as if the words “no later than 6 weeks after receipt of the recommendation” were deleted therefrom.

(4) The amendment of section 31AN(7) of the Principal Act effected by section 5(d) shall apply in respect of a report of an inspector where the inspector is appointed under section 31AN(4) of the Principal Act after the coming into operation of section 5 .

(5) Where a report has been made to the Office of the Planning Regulator in accordance with section 31AP(3) of the Principal Act before the date of coming into operation of section 7 , section 31AP(4) of the Principal Act shall continue to apply in respect of the report on and after that date as if section 7 had not come into operation.

(6) Where, before the coming into operation of section 7 , the Office of the Planning Regulator has recommended to the Minister under section 31AP(4) of the Principal Act that he or she issue a direction with or without minor amendments, section 31AP(4A) (inserted by section 7(c)) of the Principal Act shall apply in respect of the recommendation as if the words “no later than 6 weeks after receipt of the recommendation” were deleted therefrom.

(7) The amendment of section 31AP(7) of the Principal Act effected by section 7(d) shall apply in respect of a report of an inspector where the inspector is appointed under section 31AP(4) of the Principal Act after the coming into operation of section 7 .

(8) Subsections (12) and (12A) of section 34 of the Principal Act as amended by section 12 shall apply, in accordance with the amendments made to section 37 of that Act by section 13 , on and after the date of the coming into operation of section 13 , to the Board’s consideration of—

(a) any appeal under section 37 of that Act made but not determined before that date, and

(b) any appeal under section 37 of that Act made on or after that date, whether or not the decision of the planning authority under section 34 of that Act the subject of the appeal was made before that date.

(9) Where a person has made an application under section 37L of the Principal Act before the date of the coming into operation of section 17 but the application has not been determined before that date, the application shall on and after that date be considered in accordance with section 37L of the Principal Act as if section 17 had not come into operation.

(10) Where a notice is given under section 177B(1) of the Principal Act before the date of the coming into operation of section 40(a), section 177B shall continue to apply in respect of the notice on and after that date as if section 40(a) had not come into operation.

(11) Where a person applied for leave to apply for substitute consent under section 177C of the Principal Act before the date of the coming into operation of section 40(b), but a decision on the application for leave was not made under section 177D before that date, the applicant shall be deemed to have withdrawn his or her application for leave to apply for substitute consent under section 177C and the Board shall return to the applicant any fee received from the applicant in respect of the application.

(12) An application for substitute consent under section 177E of the Principal Act made before the date of the coming into operation of sections 26 to 40 , or made on or after that date pursuant to leave to apply for substitute consent granted under section 177D before that date, shall on and after that date be considered in accordance with the Principal Act as if those sections had not come into operation.