86BWhen rules in proposed plans have legal effect

1. A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4), 102(1), or 106(1) of Schedule 1, as applicable, except if—

2. subsection (3) or section 86BA applies; or
3. the Environment Court, in accordance with section 86D, orders the rule to have legal effect from a different date (being the date specified in the court order); or
4. the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 of Schedule 1.

5. However, subsection (1)(c) applies only if—

6. the local authority makes the decision before notifying the proposed plan under clause 5 of Schedule 1; and
7. the notification includes the decision; and
8. the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C).

9. A rule in a proposed plan has immediate legal effect if the rule—

10. protects or relates to water, air, or soil (for soil conservation); or
11. protects areas of significant indigenous vegetation; or
12. protects areas of significant habitats of indigenous fauna; or
13. protects historic heritage; or
14. provides for or relates to aquaculture activities.

15. For the purposes of subsection (2)(c), a decision is rescinded if—

16. the local authority publicly notifies that the decision is rescinded; and
17. the public notice includes a statement of the decision to which it relates and the date on which the recision was made.

18. For the purposes of subsection (3) and section 86BA, immediate legal effect means legal effect on and from the date on which the proposed plan containing the rule is publicly notified under clause 5 of Schedule 1.

19. Repealed