Environmental Planning and Assessment Amendment (Savings and Transitional) Regulation 2008 (NSW)
2008 No 357
New South Wales
Environmental Planning and
Assessment Amendment (Savings and
Transitional) Regulation 2008
under the
Environmental Planning and Assessment Act 1979
Her Excellency the 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 to prescribe provisions of a savings and transitional nature consequent on the enactment of the Environmental Planning and Assessment Amendment Act 2008.
This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general regulation-making power) and clause 1 of Schedule 6.
| Published in Gazette No 100 of 22 August 2008, page 7757 | Page 1 |
| 2008 No 357 | Environmental Planning and Assessment Amendment (Savings and |
| Clause 1 | Transitional) Regulation 2008 |
Environmental Planning and Assessment Amendment
(Savings and Transitional) Regulation 2008
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment (Savings and Transitional) Regulation 2008.
2 Commencement
This Regulation commences on 1 September 2008.
3 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 (Savings and | 2008 No 357 |
| Transitional) Regulation 2008 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 292
Insert after clause 291:
292 Savings and transitional provisions Schedule 7 has effect.
[2] Schedule 7
Insert after Schedule 6:
Schedule 7 Savings and transitional provisions
(Clause 292)
Part 1 Provisions consequent on enactment of
Environmental Planning and Assessment
Amendment Act 20081 Definitions
In this Part, amending Act means the Environmental Planning and Assessment Amendment Act 2008.
2 Costs payable if amended development application filed: section 97B of the Act
Section 97B of the Act does not apply to an appeal made before the commencement of that section.
3 Appointment of principal certifying authorities: section 109E of the Act
(1)
An amendment made to section 109E of the Act by the amending Act does not affect any appointment of a principal certifying authority made before the commencement of the amendment.
(2)
However, any such amendment applies in respect of any change of principal certifying authority made on or after the commencement of the amendment.
| 2008 No 357 | Environmental Planning and Assessment Amendment (Savings and Transitional) Regulation 2008 |
| Schedule 1 | Amendments |
4 Applications for construction certificates, occupation certificates and subdivision certificates
(1) Clause 139 (1A) of this Regulation (as inserted by the amending Act) does not apply to an application for a construction certificate made before the commencement of that subclause. (2) Clause 149 (2B) of this Regulation (as inserted by the amending Act) does not apply to an application for an occupation certificate made before the commencement of that subclause. (3) Clause 157 (2A) of this Regulation (as inserted by the amending Act) does not apply to an application for a subdivision certificate made before the commencement of that subclause. 5 Fees for building certificates
The provisions of clause 260 (3A)–(3C) of this Regulation (as inserted by the amending Act) do not apply to an application for a building certificate made under section 149B of the Act before the commencement of those provisions.
6 Strata certificates
(1)
Section 36A of the Strata Schemes (Freehold Development) Act 1973 (as inserted by the amending Act) does not apply to an application for a strata certificate made before the commencement of that section.
(2)
Section 65A of the Strata Schemes (Leasehold Development) Act 1986 (as inserted by the amending Act) does not apply to an application for a strata certificate made before the commencement of that section.
BY AUTHORITY
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