Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997 (1997-685) [GG No 149 of 19.12.1997, p 10121] (NSW)

1997 No 685

New South Wales

Environmental Planning and

Assessment Amendment (Coastal

Policy) Regulation 1997

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.

CRAIG KNOWLES, M.P.,

Minister for Urban Affairs and Planning

Explanatory note

At present, the Environmental Planning and Assessment Regulation 1994 requires certain councils to take into account, when determining a development application, the Draft Revised Coastal Policy published in 1994. That Regulation is amended as a consequence of the adoption of a new Government Coastal Policy. The amendments include some additional councils that must take the Coastal Policy into consideration for the purposes of determining a development application relating to land to which the Policy applies.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general regulation-making power) and section 90 (1) (s).

Published in Gazette No 149 of 19 December 1997, page 10121 Page 1

1997 No 685

Clause 1 Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997

Environmental Planning and Assessment

Amendment (Coastal Policy) Regulation 1997

1 Name of Regulation

This Regulation is the Environmental Planning and Assessment
Amendment (Coastal Policy) Regulation 1997.

2 Amendment of Environmental Planning and Assessment Regulation 1994

The Environmental Planning and Assessment Regulation I994 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

1997 No 685

Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997

Amendments Schedule 1

Schedule 1 Amendments

(Clause 3)

[1]        Clause 65 What additional matters must a consent authority take into consideration in determining a development application?

Insert “to which that Policy applies and that is” after “land” in clause 65 (b).

[2]        Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Areas affected by Government Coastal
Policy

(Clause 65, Dictionary)

Ballina
Bega Valley
Bellingen
Byron
Coffs Harbour
Copmanhurst
Eurobodalla
Gosford*
Great Lakes
Greater Taree
Hastings
Kempsey
Kiama
Lake Macquarie*
Lismore
Maclean
Maitland
Manly*

1997 No 685

Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997

Schedule 1 Amendments

Nambucca
Newcastle*
Pittwater*
Port Stephens
Randwick*
Richmond River
Shellharbour*
Shoalhaven
Sutherland*
Tweed
Ulmarra
Warringah*
Waverley*
Wollongong*
Woollahra*
Wyong*

*Note. The areas marked with asterisks are only affected by the seaward part of the Government Coastal Policy, being the area extending 3 nautical miles seaward from the open coast high water mark.

1. Schedule 6 Savings and transitional provisions

   Insert after clause 1:

   2 Environmental Planning and Assessment Amendment

   (Coastal Policy) Regulation 1997

   A development application lodged before the commencement of the Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997 is to be considered and determined as if this Regulation had not been amended by that Regulation.

1997 No 685

Environmental Planning and Assessment Amendment (Coastal Policy) Regulation 1997

Amendments Schedule 1

[4]        Dictionary

from the definition of Government Coastal Policy.

Omit “Draft Revised Coastal Policy, as published in April 1994” the New South Wales Coast, as published by the Government (and including any maps accompanying that publication and any amendments to those maps that are publicly notified)”.