Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Regulation 1999 (1999-308) [GG No 75 of 30.6.1999, p 4520] (NSW)
1999 No 308
New South Wales
Environmental Planning and
Assessment Amendment Regulation
1999
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 miscellaneous amendments to the Environmental Planning and Assessment Regulation 1994 and the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998.
The amendments to the Environmental Planning and Assessment Regulation1994 deal with the following matters:
(a)
the exclusion of temporary buildings from the requirements of clauses 78 and 79G as to compliance with the Building Code of Australia,
(b)
the inclusion of a requirement (proposed clause 78J) that temporary buildings not be used for residential purposes or the storage of dangerous goods, and that they be demolished or removed within 5 years after approval for their erection is given,
(c)
the identification of the particular version of the Building Code of Australia that is applicable to the erection of a particular building or structure,
Published in Gazette No 75 of 30 June 1999, page 4520 Page 1 [28]
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
Explanatory note
| (d) | the exclusion of development on certain land in Newcastle (being the Steel River project, which is subject to other advertising requirements) from the advertising requirements of clauses 64 and 65, |
| (e) | the provision of toilet facilities on construction sites, |
| (f) | the prescription of maximum, rather than actual, application fees with respect to the modification of development consents, |
| (g) | other minor and consequential matters. |
The amendments to the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 deal with the following matters:
| (a) | the exclusion of development on certain land in Newcastle (the Steel River project, which is subject to other advertising requirements) from the advertising requirements of clause 32, |
| (b) | the extension, from 1 July 1999 to 1 July 2000, of the period for which the Minister for Urban Affairs and Planning may continue to regulate certain fees. |
This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general power to make regulations) and clause 1 of Schedule 6 (the power to make regulations of a savings or transitional nature).
Page 2
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999 Clause 1 Environmental Planning and Assessment
Amendment Regulation 19991 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment Regulation 1999.2 Amendment of Environmental Planning and Assessment Regulation 1994
The Environmental Planning and Assessment Regulation 1994 is amended as set out in Schedule 1.
3 Amendment of Environmental Planning and Assessment (Savings and Transitional) Regulation 1998
The Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 is amended as set out in Schedule 2.
4 Notes
The explanatory note does not form part of this Regulation.
Page 3
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 1994 |
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 1994 |
(Clause 2)
Clause 64 What are the requirements for advertising State significant advertised development?
Omit ‘‘subclause (1) (e)’’ from clause 64 (3).
Insert instead ‘‘subclause (2) (e)’’.
Clause 64 (6)
Insert after clause 64 (5):
(6) This clause does not apply to development on land to which clause 26F of Newcastle Local Environmental Plan 1987 applies.
Clause 65 What are the requirements for advertising nominated integrated development and other advertised development?
Insert after clause 65 (12):
(13) This clause does not apply to development on land to which clause 26F of Newcastle Local Environmental Plan 1987 applies.
Clause 78
Omit the clause. Insert instead:
78 Prescribed conditions of development consents:
sections 80A (11) and 85A (6) (a) of the Act
(1) The requirements of this Part are prescribed conditions
for the purposes of section 80A (11) of the Act.(2)
A complying development certificate for development to which any of the requirements of this Part relate must be issued subject to conditions in the same terms as those requirements.
(3)
Subclause (2) does not limit any other conditions to which a complying development certificate may be subject, as referred to in section 85A (6) (a) of the Act.
Page 4
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
Amendment of Environmental Planning and Assessment Regulation Schedule 1 1994 [5] Clause 78A Compliance with Building Code of Australia
Omit clause 78A (1). Insert instead:
(1) All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).
[6] Clause 78I Toilet facilities
Omit clause 78I (2). Insert instead:
(2) Each toilet provided must be:
(a) a standard flushing toilet connected to a public sewer, or (b) if that is not practicable, an accredited sewage management facility approved by the council, or (c) if that is not practicable, any other sewage management facility approved by the council.
[7] Clause 78J
Insert after clause 78I:
78J Temporary buildings
(1) A temporary building must be demolished or removed
on or before its removal date.(2) A temporary building must not be used:
(a) for residential purposes, or (b)
for the storage of dangerous goods within the meaning of the Dangerous Goods Act 1975, or
(c) at any time after its removal date. (3) In this clause, removal date, in relation to a temporary
building, means:
(a)
the day occurring 5 years after the date of issue of the relevant development consent or complying development certificate, or
Page 5
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 1994 |
(b) if an earlier date is specified in that regard in the relevant development consent or complying development certificate, that earlier date.
Clause 79G Compliance with development consent and Building Code of Australia
Omit clause 79 (1) (b). Insert instead:
(b) that the proposed building (not being a temporary building) will comply with the relevant requirements of the Building Code of Australia (as in force at the time the application for the construction certificate was made).
Clause 105 What is the fee for an application for modification of a consent for local development or State significant development?
Insert ‘‘maximum’’ before ‘‘fee for an application’’ in clause 105 (2).
Clause 109A (as appearing at the beginning of Part 11)
Renumber the clause as clause 110E and move it to appear after clause 110D.
Schedule 2 Environmental impact statements
Omit item 8. Insert instead:
8 For the purposes of this Schedule, the principles of ecologically sustainable development are as follows:
(a) The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by:
(i) carefulevaluationtoavoid,wherever practicable, serious or irreversible damage to the environment, and
Page 6
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
Amendment of Environmental Planning and Assessment Regulation Schedule 1 1994 (ii) anassessmentoftherisk-weighted consequences of various options.
(b) Intergenerational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations. (c) Conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration. (d) Improvedvaluation,pricingandincentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as:
(i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, (ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, (iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.
[12] Schedule 5 Forms
Omit Forms 4, 9 and 13. Insert instead:
Page 7
1999 No 308
Environmental Planning and Assessment Amendment Regulation 1999
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 1994 |
Dictionary
Insert in alphabetical order:
temporary building means a building that is stated to be a temporary building in the development consent or complying development certificate granted or issued in relation to its erection.
| Schedule 2 | Amendment of Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 |
(Clause 3)
Clause 32 Notification of development
Insert after clause 32 (3):
(4) This clause does not apply to development on land to which clause 26F of Newcastle Local Environmental Plan 1987 applies.
Clause 33 Maximum fees chargeable for certain matters arising under amended EP&A Act 1979
Omit ‘‘1 July 1999’’ from clause 33 (4).
Insert instead ‘‘1 July 2000’’.BY AUTHORITY
Page 26
0
0
0