Environmental Planning and Assessment Act 1979 Regulation relating to savings and transitional matters (1994-492) [GG No 115 of 9.9.1994] (NSW)

1994—No. 492

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT

1979—REGULATION

(Relating to savings and transitional matters)

NEW SOUTH WALES

[Published in Gazette No. 115 of 9 September 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Environmental Planning and Assessment Act

1979, has been pleased to make the Regulation set forth hereunder.

ROBERT WEBSTER MLC

Minister for Planning.

The Environmental Planning and Assessment Regulation 1994 is

amended:

(a) by inserting after clause 51 (3) the following subclause:

(4) An environmental impact statement prepared in accordance with this clause before the date on which any of the following events occur:

(a) the amendment of Schedule 2;

(b) the establishment of new guidelines under this clause;

(c) the variation or revocation of existing guidelines under this clause,

is taken to have been prepared in accordance with this clause, for the purposes of any development application made within 3 months after that date, as if the relevant event had not occurred.

(b) by inserting after clause 52 (5) the following subclause:

(5A) For the purposes of subclause (5), any requirements notified under clause 35 of the Environmental Planning and Assessment Regulation 1980 before 1 September 1994 are taken to have been notified on 1 September 1994.

1994—No. 492

(c) by inserting after clause 84 (3) the following subclause:

(4) An environmental impact statement prepared in accordance

with this clause before the date on which any of the following
events occur:

(a) the amendment of Schedule 2;

(b) the establishment of new guidelines under this clause;

(c) the variation or revocation of existing guidelines under this clause,

is taken to have been prepared in accordance with this clause, for the purposes of any development application made within 3 months after that date, as if the relevant event had not occurred.

(d) by inserting after clause 85 (5) the following subclause:

(5A) For the purposes of subclause (5), any requirements notified under clause 58 of the Environmental Planning and Assessment Regulation 1980 before 1 September 1994 are taken to have been notified on 1 September 1994.

(e) by inserting after clause 116 (2) the following subclause:

(3) An environmental impact statement prepared in accordance with the Environmental Planning and Assessment Regulation 1980 is taken to have been prepared in accordance with this Regulation, so long as any relevant development application is lodged, or any relevant notice under section 113 (1) of the Act is given, on or before 1 December 1994.

EXPLANATORY NOTE

The object of this Regulation is to make further provision with respect to savings and transitional matters consequent on the replacement of the Environmental Planning and Assessment Regulation 1980 by the Environmental Planning and Assessment Regulation 1994. In particular, the Regulation provides that environmental impact statements prepared under the 1980 Regulation are taken to comply with the 1994 Regulation, so long as any relevant development application or section 113 notice is lodged or given on or before 1 December 1994.

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