Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Designated Development) Regulation 1998 (1998-429) [GG No 115 of 31.7.1998, p 5756] (NSW)

New South Wales

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

The objects of this Regulation are:

(a) to ensure that artificial waterbodies that are on land to which the

Sydney Regional Environmental Plan No II-Penrith Lakes Scheme

applies do not fall within the artificial waterbody category of designated development specified in Schedule 3 to the Environmental
Planning and Assessment Regulation 1994, and

(b) to qualify the operation of clause 53C of the Regulation so that the amendment made to Schedule 3 can extend to any pending development applications.

This Regulation also makes a minor amendment by way of law revision. This Regulation is made under the Environmental Planning and Assessment

Act 1979, including sections 77A and 157 (the general regulation-making

power).

Published in Gazette No 115 of 31 July 1998, page 5756 Page 1

C l a u s e 1	Environmental Planning and Assessment Amendment (Designated Development) Regulation 1998
1 Name of Regulation

This Regulation is the Environmental Planning and Assessment

Amendment (Designated De v elopment) Regulation 1998.

2 Amendment of Environmental P lanning 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.

Environmental Planning and Assessment Amendment (Designated Development) Regulation 1998

Amendments Schedule 1

(Clause 2)

[1]       Clause 53C What is designated development?

Insert after clause 53C (2):

(2A) Subclause (2) does not apply to any development application that is made, but not finally determined, before the commencement of this subclause in respect of land to which the Sydney Regional Environmental Plan

No 11—Penrith Lakes Scheme applies.

[2]        Schedule 3 Designated development

Omit "any other waterbody” from paragraph (1) (b) of the matter
relating to Aquaculture or mariculture in Part 1.
Insert instead "natural waterbodies”.

[3]        Schedule 3, Part 1

Insert at the end of the matter relating to Artificial waterbodies:

This designation of artificial waterbodies does not include artificial waterbodies on land to which the

Sydney Regional Environmental Plan No II-Penrith
Lakes Scheme applies.