Environmental Planning and Assessment Amendment (Contributions Plans) Regulation 2019 (NSW)

New South Wales

Environmental Planning and Assessment

Amendment (Contributions Plans)

Regulation 2019

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.

ANTHONY ROBERTS, MP

Minister for Planning

Explanatory note

The object of this Regulation is to prevent a development application being determined in relation to certain land zoned under a Precinct Plan in State Environmental Planning Policy (Sydney Region Growth Centres)

2006 until a contributions plan under section 7.18 of the Environmental Planning and Assessment Act 1979
imposing conditions is in force for the land concerned.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 4.16 (11) and 10.13 (the general regulation-making power).

Environmental Planning and Assessment Amendment (Contributions Plans) Regulation 2019 [NSW]

Environmental Planning and Assessment Amendment

(Contributions Plans) Regulation 2019

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment Amendment

(Contributions Plans) Regulation 2019.

2      Commencement

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

3 Amendment of Environmental Planning and Assessment Regulation 2000

Clause 270A

Insert after clause 270:

270A	Contributions plans for Sydney Region Growth Centres
(1) This clause applies to land within a residential, business or industrial zone, Zone E4 Environmental Living or Zone 1 Urban Development under a Precinct Plan in State Environmental Planning Policy (Sydney

Region Growth Centres) 2006.

(2)

Pursuant to section 4.16 (11) of the Act, a development application in relation to any land to which this clause applies must not be determined by the consent authority unless a contributions plan under section 7.18 of the Act, authorising the imposition of conditions under section 7.11 of the Act, is in force in relation to the land to which the application relates.

(3)

Despite subclause (2), a consent authority may dispense with the need
for a contributions plan referred to in that subclause if:

(a)	the development application is, in the opinion of the consent authority, of a minor nature, or
(b)	the developer has entered into a planning agreement with a planning authority (within the meaning of section 7.1 of the Act) with respect to the matters that may be the subject of a contributions plan.

(4)

The application of this clause extends to a development application made to a consent authority but not finally determined before the commencement of this clause.