Environmental Planning and Assessment Amendment (Public Authorities and Planning Certificates) Regulation 2008 (NSW)
2008 No 118
New South Wales
Environmental Planning and
Assessment Amendment (Public
Authorities and Planning Certificates)
Regulation 2008
under the
Environmental Planning and Assessment Act 1979
The Administrator, with the advice of the Executive Council, has made the following
Regulation under the Environmental Planning and Assessment Act 1979.
FRANK SARTOR, M.P.,
Minister for Planning
Explanatory note
The objects of this Regulation are to amend the Environmental Planning and Assessment
Regulation 2000:
| (a) | to include Australian Rail Track Corporation Ltd as a “public authority”, so as to provide it with the same rights and responsibilities as a public authority: | |||
| ||||
| (b) | to require a statement of whether there is a current site compatibility certificate, issued under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 or State Environmental Planning Policy (Infrastructure) 2007 (of which the council is aware), to be included in a planning certificate for that land issued under section 149 of the Act by a council. |
This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 4 (1), 149 and 157 (the general regulation-making power).
| Published in Gazette No 48 of 2 May 2008, page 2969 | Page 1 |
| 2008 No 118 | Environmental Planning and Assessment Amendment (Public Authorities |
| Clause 1 | and Planning Certificates) Regulation 2008 |
Environmental Planning and Assessment Amendment
(Public Authorities and Planning Certificates)
Regulation 2008
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment Amendment (Public Authorities and Planning Certificates) Regulation 2008.
2 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
| Environmental Planning and Assessment Amendment (Public Authorities | 2008 No 118 |
| and Planning Certificates) Regulation 2008 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clause 277
Omit the clause. Insert instead:
277 Public authorities For the purpose of the definition of public authority in section 4 (1) of the Act, Australian Rail Track Corporation Ltd is prescribed, but only so as:
(a) to enable the corporation to be treated as a public authority within the meaning of Part 3A of the Act in relation to development for the purposes of rail and related transport facilities that is declared to be a project to which Part 3A applies under State Environmental Planning Policy (Major Projects) 2005, and (b) to allow the corporation to be a determining authority within the meaning of Part 5 of the Act for:
(i) development for the purposes of rail infrastructure facilities, development in or adjacent to rail corridors and development for prescribed railways or railway projects that is permitted without consent by a public authority under State Environmental Planning Policy (Infrastructure) 2007, and (ii) any other development for the purposes of rail infrastructure facilities and development in or adjacent to rail corridors within the meaning of that Policy that is permitted without consent under any other environmental planning instrument.
[2] Schedule 4 Planning certificates
Omit clause 15. Insert instead:
15 Site compatibility certificates and conditions for seniors housing If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies:
(a)
a statement of whether there is a current site compatibility certificate (of which the council is aware), issued under clause 25 of that Policy in respect of proposed development on the land and, if there is a certificate, the statement is to include:
| 2008 No 118 | Environmental Planning and Assessment Amendment (Public Authorities and Planning Certificates) Regulation 2008 |
| Schedule 1 | Amendments |
(i) the period for which the certificate is current, and
(ii) that a copy may be obtained from the head office of the Department of Planning, and
(b) a statement setting out any terms of a kind referred to in clause 18 (2) of that Policy that have been imposed as a condition of consent to a development application granted after 11 October 2007 in respect of the land. 16 Site compatibility certificates for infrastructure
A statement of whether there is a valid site compatibility certificate (of which the council is aware), issued under clause 19 of State Environmental Planning Policy (Infrastructure) 2007 in respect of proposed development on the land and, if there is a certificate, the statement is to include:
(a) the period for which the certificate is valid, and (b)
that a copy may be obtained from the head office of the Department of Planning.
BY AUTHORITY
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