Environmental Planning and Assessment Amendment (False or Misleading Information) Regulation 2018 (NSW)

New South Wales

Environmental Planning and Assessment

Amendment (False or Misleading

Information) Regulation 2018

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 objects of this Regulation are:

(a)

to extend the offence of providing false or misleading information in connection with a planning matter to the provision of information in or for the purposes of a submission in response to the public exhibition of the following:

(i)	a draft strategic plan,
(ii)	a planning proposal,
(iii)	an environmental impact statement,
(iv)	a development application,
(v)	an application for approval to carry out State significant infrastructure,
(vi)	a request or application to modify or amend an approval or development consent,
(vii)	any other plan, policy, strategy or document publicly exhibited for a planning purpose by the Department of Planning and Environment or a local council, and

(b)

to update certain references to transferred provisions consequent on the enactment of the

Environmental Planning and Assessment Amendment Act 2017.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including

sections 10.6 (3) (d) and 10.13 (the general regulation-making provision).

Environmental Planning and Assessment Amendment (False or Misleading Information) Regulation 2018

[NSW]

Environmental Planning and Assessment Amendment (False or

Misleading Information) Regulation 2018

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment Amendment (False

or Misleading Information) Regulation 2018.

2      Commencement

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

Environmental Planning and Assessment Amendment (False or Misleading Information) Regulation 2018
[NSW]

Schedule 1 Amendment of Environmental Planning and Assessment Regulation 2000

Schedule 1	Amendment of Environmental Planning and
Assessment Regulation 2000

[1]      Clause 285B

Omit the clause. Insert instead:

285B	Provision of false or misleading information in connection with a planning
matter
(1) The matters specified in this clause are declared to be the provision of information in connection with a planning matter for the purposes of

section

10.6 of the Act.

(2)

The provision of information in response to a requirement imposed by any of the following conditions (except a condition imposed under section 9.40 of the Act):

(a)	a condition of development consent,
(b)	a condition of an approval to carry out a project that is a transitional Part 3A project (as defined in clause 2 of Schedule 2 to the

Environmental Planning and Assessment (Savings, Transitional and

Other Provisions) Regulation 2017),

(c)

a condition of an approval to carry out State significant infrastructure under Division 5.2 of the Act.

(3)

The provision of information in or for the purposes of a submission in response
to the public exhibition of any of the following documents:

(a)	a draft strategic plan,
(b)	a planning proposal,
(c)	an environmental impact statement,
(d)	a development application, an application for approval to carry out State significant infrastructure or any request or application to modify or amend an approval or development consent,
(e)	any other plan, policy, strategy or document publicly exhibited for a planning purpose by the Department or a local council.

[2]      Schedule 5 Penalty notice offences

Omit “Schedule 6A to the Act” from Column 1.

Insert instead “Schedule 2 to the Environmental Planning and Assessment (Savings,

Transitional and Other Provisions) Regulation 2017”.