Environmental Planning and Assessment Amendment (Complying Development Certificates) Regulation 2009 (NSW)

2009 No 220

New South Wales

Environmental Planning and

Assessment Amendment (Complying
Development Certificates) Regulation

2009

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.

KRISTINA KENEALLY, MP

Minister for Planning

Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 to modify the requirement that written notice of a determination to issue a complying development certificate is to be given to the owner or occupier of land within 40 metres of the boundary of land to which the certificate relates. Notice will not be required to be given to the owner or occupier of land on which no dwelling is situated.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 85A and 157 (the general regulation-making power).

Published LW 3 June 2009	Page 1
2009 No 220	Environmental Planning and Assessment Amendment (Complying
Clause 1	Development Certificates) Regulation 2009

Environmental Planning and Assessment Amendment (Complying Development Certificates) Regulation 2009

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment
Amendment (Complying Development Certificates) Regulation 2009.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

Environmental Planning and Assessment Amendment (Complying	2009 No 220
Development Certificates) Regulation 2009
Amendment of Environmental Planning and Assessment Regulation 2000	Schedule 1
Schedule 1	Amendment of Environmental Planning and Assessment Regulation 2000

[1]      Clause 130 Procedure for determining application for complying development certificate and notification requirements

Insert “(other than land on which no dwelling is situated)” after “land” where firstly occurring in clause 130 (5).

[2]      Schedule 7 Savings and transitional provisions

Insert at the end of the Schedule with appropriate clause numbering:

Notification of determination of complying development certificates

On and from the commencement of the Environmental Planning and Assessment Amendment (Complying Development Certificates) Regulation 2009, notice is not required to be issued under clause 130 to the owner or occupier of land on which no dwelling is situated in relation to a determination to issue a complying development certificate that was made before that commencement.