Environmental Planning and Assessment Amendment Regulation 2006 (NSW)
2006 No 587
New South Wales
Environmental Planning and
Assessment Amendment Regulation
2006
under the
Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, 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 object of this Regulation is to amend the Environmental Planning and Assessment
Regulation 2000:
| (a) | to provide that certain fishing activities and shark meshing are not activities within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979 if they are carried out before 31 December 2008, and |
| (b) | to correct, or remove obsolete, references in various provisions. |
Environmental Planning and Assessment Act 1979
Division 5 of Part 5 of the continues to including sections 96AA, 110 (1) (definition of activity), 113 and 157 (general regulation-making power).
apply to shark meshing.
| Published in Gazette No 118 of 22 September 2006, page 8079 | Page 1 |
| 2006 No 587 | |
| Clause 1 | Environmental Planning and Assessment Amendment Regulation 2006 |
Environmental Planning and Assessment Amendment
Regulation 2006
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment Regulation 2006.
2 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
2006 No 587
Environmental Planning and Assessment Amendment Regulation 2006
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clause 117 Public participation—applications for modification of development consents involving minimal environmental impact
Omit “section 96 (1A)” from clause 117 (3). Insert instead “section 96AA”.
[2] Clause 118 Public participation—application under sections 96 (2) and 96AA for modification of certain development consents
Omit “section 96 (2)” from clause 118 (4). Insert instead “section 96AA”.
[3] Clause 119 Public participation—application under sections 96 (2) and 96AA for modification of other development consents
Omit “section 96 (2)” from clause 119 (5). Insert instead “section 96AA”.
[4] Clause 235 Where may an environmental impact statement be inspected?
Omit clause 235 (b).
[5] Clause 235 (c)
Omit “the Environment Centre (New South Wales)”.
Insert instead “The Environment Centre (NSW)”.[6] Clause 244A Definitions
Omit the definition of designated fishing activity.
[7] Clause 244A
Insert in alphabetical order:
shark meshing means the placing of nets by the Fisheries Minister around beaches and other waters to protect the public from sharks.
[8] Clause 244B
Omit clauses 244B and 244C. Insert instead:
| 244B | Fishing activities and shark meshing | |
|
(a)
a fishing activity carried out at any time before 31 December 2008 pursuant to a fisheries approval issued or renewed for a period of not more than 12 months, and
| 2006 No 587 | Environmental Planning and Assessment Amendment Regulation 2006 |
| Schedule 1 | Amendments |
(b) shark meshing carried out at any time before that date, are each prescribed not to be such an activity.
Note. This provision is relevant to the application of Divisions 2 and 3 of Part 5 of the Act but not of Division 5 of that Part, which continues to apply to the placing of shark nets.
(2) This clause does not apply to or in respect of aquaculture, within
the meaning of the Fisheries Management Act 1994.
BY AUTHORITY
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