Environmental Planning and Assessment Amendment (Development Consents) Act 2010 (NSW)

An Act to amend the Environmental Planning and Assessment Act 1979 in relation to the lapsing of development consents.

1Name of Act

This Act is the Environmental Planning and Assessment Amendment (Development Consents) Act 2010.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Environmental Planning and Assessment Act 1979 No 203(1)

Insert after section 95 (3):

(3A)

A reduction that has been made under subsection (2) is to be disregarded if:

• (a)

  the development consent operated before, and lapses after, the commencement of this subsection (or the development consent lapsed during the period commencing on 22 April 2010 and ending on the commencement of this subsection), or

• (b)

  the development consent operated before, and lapses after, a date after 1 July 2011 prescribed by the regulations.

A reduction may not be made under subsection (2) during the period commencing on the commencement of this subsection and ending on 1 July 2011 or during any subsequent period prescribed by the regulations.

(2)

Insert after section 95 (6):

(7)

The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section.

4Amendment of Environmental Planning and Assessment Amendment Act 2008 No 36

Omit Schedule 2.1 [28] and [29] and clause 126 (2) in Schedule 2.2 [75].