Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (SEPP 59) Amendment Regulation 1999 (1999-73) [GG No 22 of 19.2.1999, p 744] (NSW)
1999 No 73
New South Wales
Environmental Planning and Assessment (SEPP 59) 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. C J Knowles
Minister for Urban Affairs and PlanningThe object of this Regulation is to facilitate the environmental planning and development of the land to which proposed State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area applies. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 78A (l), 80 (1), 94B (l), 105 and 157 (the general regulation-making power).
Published in Gazette No 22 of 19 February 1999, page 744 Page 1
1999 No 73
| Clause 1 | Environmental Planning and Assessment (SEPP 59) Amendment Regulation 1999 | |
| Environmental Planning and Assessment (SEPP 59) Amendment Regulation 1999 | ||
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This Regulation is the Environmental Planning and Assessment
(SEPP 59) 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.
The explanatory note does not form part of this Regulation.
1999 No 73
Environmental Planning and Assessment (SEPP 59) Amendment Regulation 1999
Amendment Schedule 1 Schedule 1 Amendment
(Clause 3)
Clauses 110A-110C
Insert after clause 110:
110A Release areas under SEPP 59
Pursuant to section 78A (1) of the Act, a person cannot apply to a consent authority for consent to carry out development on land zoned “Employment” or “Residential” under State Environmental Planning Policy No 59-Central Western Sydney Economic and Employment Area unless the Minister has, in accordance with clause 11 of that Policy, declared the land to be, or to be part of, a release area.
110B Precinct plans and sec 94B contributions plans under
SEPP 59
(1)
Pursuant to section 80 (1) of the Act, a development application in respect of land within a Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area must not be determined by the consent authority unless:
(a)
a Precinct plan within the meaning of that Policy, and
(b) a contributions plan under section 94B of the Act, have been prepared for the land.
(2)
Despite subclause (l), a consent authority may dispense with the need for the plans referred to in that subclause if:
(a)
the development application is, in the opinion of the consent authority, of a minor nature, or
Environmental Planning and Assessment (SEPP 59) Amendment Regulation 1999
| Schedule 1 | Amendment |
(b) the development application relates to quarrying or associated activities within the Greystanes Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area and the development the subject of the application will not, in the opinion of the consent authority,
prevent the attainment of the zoning objectives
under that Policy for the land, or(c) the developer has entered into an agreement with the consent authority that makes adequate provision with respect to the matters that may be the subject of those plans.
110C Assessment fee for draft Precinct plans under SEPP 59
(1)
If a draft Precinct plan in respect of land within a Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area is prepared by an owner or lessee of land within the Precinct, the owner or lessee must pay:
(a)
the relevant council an assessment fee determined by the council, and
(b)
if the relevant council fails or refuses to approve the draft Precinct plan, the Director-General an assessment fee determined by the Director-General.
(2) The assessment fee must not exceed the reasonable cost to the relevant council, or to the Director-General and the Department, of assessing the draft Precinct plan, carrying out any associated studies and publicly exhibiting the draft Precinct plan.
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