Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Law Revision) Regulation 2000 (2000-733) [GG No 168 of 22.12.2000, p 13514] (NSW)
2000 No 733
| Environmental Planning and | New South Wales |
Assessment Amendment
(Law Revision) Regulation 2000
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.
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
Explanatory note
The object of this Regulation is to make a number of amendments to the Environmental Planning and Assessment Regulation 2000 by way of law revision. This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general power to make regulations).
| Published in Gazette No 168 of 22 December 2000, page 13514 | Page 1 |
| [8] | |
| 2000 No 733 | |
| Clause 1 | Environmental Planning and Assessment Amendment (Law Revision) Regulation 2000 |
Environmental Planning and Assessment
Amendment (Law Revision) Regulation 2000
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment (Law Revision) Regulation 2000.
2 Commencement
This Regulation commences on 1 January 2001.
3 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2000 No 733
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| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 100 Notice of determination—what is the form of the notice?
Omit “decision” from clause 100 (1) (d). Insert instead “determination”.
[2] Clause 100 (1) (e) and (f)
Omit “the consent” wherever occurring.
Insert instead “any development consent that is granted”.[3] Clause 100 (3) and (5)
Omit the subclauses.
[4] Clause 109 Days occurring while consent authority’s request for additional information remains unanswered
Insert at the end of clause 109 (2):
Note. The 25-day period may be extended by operation of clauses 107 and 108.
[5] Clause 110 Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
Omit clause 110 (1). Insert instead:
(1) Any day that occurs between the date on which a consent
authority receives a concurrence authority’s or approval body’srequest for additional information under clause 60 or 67 and:
(a)
the date occurring 2 days after the date on which the consent authority refers to the concurrence authority or approval body the additional information provided by the applicant, or
2000 No 733
Environmental Planning and Assessment Amendment (Law Revision)
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| Schedule 1 | Amendments |
(b) the date occurring 2 days after the date on which the consent authority notifies the concurrence authority or approval body that the applicant has notified the consent authority that the additional information will not be provided, whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
[6] Clause 110 (2)
Insert at the end of the subclause:
Note. The 25-day period may be extended by operation of clauses
107 and 108.
[7] Clause 111 Days occurring during consultation under National arks and Wildlife Act 1974
Insert at the end of clause 111 (2):
Note. The 25-day period may be extended by operation of clauses
107 and 108.
[8] Clause 117 Public participation—application under section 96 (1A) for modification of development consents
Omit “council” wherever occurring in clause 117 (2) and (3).
Insert instead “consent authority”.[9] Clause 130 Procedure for determining application for complying development certificate
Omit clause 130 (4). Insert instead:
(4) For the purposes of section 85A (11) (b) of the Act, the accredited certifier must cause notice of his or her determination of an application for a complying development certificate to be given to the council by forwarding to it, within 7 days after the date of the determination, copies of:
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(a) the determination, together with the application to which it relates, and (b) any endorsed plans, specifications or other documents that were lodged with the application or submitted to the accredited certifier in accordance with clause 127, and (c) any complying development certificate issued as a result of the determination.
[10] Clause 147 Form of construction certificate
Insert after clause 147 (2):
(3) Subclause (2) does not apply to a class 1a or class 10 building
within the meaning of clause 167.
[11] Schedule 1 Forms
Omit clause 4 (4). Insert instead:
(4) A detailed description of the development referred to in subclause (1) (d) (i) must indicate the following matters:
(a) for each proposed new building:
(i)
the number of storeys (including underground storeys) in the building,
(ii)
the gross floor area of the building (in square metres),
(iii)
the gross site area of the land on which the building is to be erected (in square metres),
(b) for each proposed new residential building:
(i)
the number of existing dwellings on the land on which the new building is to be erected,
(ii)
the number of those existing dwellings that are to be demolished in connection with the erection of the new building,
(iii)
the number of dwellings to be included in the new building,
(iv)
whether the new building is to be attached to any existing building,
(v)
whether the new building is to be attached to any other new building,
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(vi) whether the land contains a dual occupancy,
(vii) the materials to be used in the construction of the new building (using the abbreviations set out in clause 7 of this Schedule).
[12] Schedule 1, clause 6 (2)
Omit the subclause. Insert instead:
(2) A detailed description of the development referred to in subclause (1) (a) (i) must indicate the following matters:
(a) for each proposed new building:
(i)
the number of storeys (including underground storeys) in the building,
(ii)
the gross floor area of the building (in square metres),
(iii)
the gross site area of the land on which the building is to be erected (in square metres),
(b) for each proposed new residential building:
(i)
the number of existing dwellings on the land on which the new building is to be erected,
(ii)
the number of those existing dwellings that are to be demolished in connection with the erection of the new building,
(iii)
the number of dwellings to be included in the new building,
(iv)
whether the new building is to be attached to any existing building,
(v)
whether the new building is to be attached to any other new building,
(vi) whether the land contains a dual occupancy, (vii)
the materials to be used in the construction of the new building (using the abbreviations set out in clause 7 of this Schedule).
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[13] Schedule 1, clause 7
Omit the clause. Insert instead:
7 Abbreviations for building materials
The following abbreviations are to be used in any development application or application for a complying development certificate:
Walls Code Roof Code Brick (double) 11 Tiles 10 Brick (veneer) 12 Concrete or Slate 20 Concrete or Stone 20 Fibre cement 30 Fibre cement 30 Steel 60 Timber 40 Aluminium 70 Curtain glass 50 Other 80 Steel 60 Not specified 90 Aluminium 70 Other 80 Not specified 90 Floor Code Frame Code Concrete or Slate 20 Timber 40 Timber 40 Steel 60 Other 80 Aluminium 70 Not specified 90 Other 80 Not specified 90
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[14] Schedule 4 Planning certificates
Omit clause 2 (e). Insert instead:
(e) whether any development standards applying to the land fix minimum land dimensions for the erection of a dwelling-house on the land and, if so, the minimum land dimensions so fixed,
[15] Schedule 4, clause 3
Omit the clause. Insert instead:
3 Declared State significant development
Any development, or class of development, that is State significant development by virtue of a declaration that has been made by the Minister under section 76A (7) (b) of the Act and that applies to the land.
BY AUTHORITY
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