Environmental Planning and Assessment (Model Provisions) Amendment Order 2004 (NSW)

2004 No 881

New South Wales

Environmental Planning and

Assessment (Model Provisions)

Amendment Order 2004

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Infrastructure and Planning, in pursuance of section 33 of the
Environmental Planning and Assessment Act 1979, make the following Order.

Dated, this 16th day of December 2004.

CRAIG KNOWLES, M.P.,

Minister for Infrastructure and Planning

Explanatory note
The object of this Order is to amend the Environmental Planning and Assessment Model Provisions 1970 and the Environmental Planning and Assessment Model Provisions 1980 so as to omit provisions requiring consent authorities to obtain concurrences under section 30 of the Environmental Planning and Assessment Act 1979 or to refer certain matters to various persons or bodies.
Other concurrence and referral provisions that apply by virtue of certain environmental planning instruments are omitted by State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004.
This Order is made under section 33 of the Environmental Planning and Assessment Act

1979.

Published in Gazette No 201 of 17 December 2004, page 9618	Page 1
2004 No 881	Environmental Planning and Assessment (Model Provisions) Amendment
Clause 1	Order 2004

Environmental Planning and Assessment (Model

Provisions) Amendment Order 2004

under the

Environmental Planning and Assessment Act 1979

1      Name of Order

This Order is the Environmental Planning and Assessment (Model
Provisions) Amendment Order 2004.

2      Commencement

This Order commences on 28 February 2005.

3 Amendment of Environmental Planning and Assessment Model Provisions 1970

The Environmental Planning and Assessment Model Provisions 1970 are amended by omitting clause 6 (1) (b) (i).

4 Amendment of Environmental Planning and Assessment Model Provisions 1980

The Environmental Planning and Assessment Model Provisions 1980 are amended as set out in Schedule 1.

5      Transitional provision

The amendments made by this Order do not affect any development application made but not finally determined before the commencement of this Order and any such application is to be determined as if this Order had not been made.

Environmental Planning and Assessment (Model Provisions) Amendment	2004 No 881
Order 2004
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 4)

[1]      Clause 5 Consideration of certain applications

Insert “and” at the end of clause 5 (2) (b).

[2]      Clause 5 (2) (c)

Omit the paragraph.

[3]      Clause 5 (3)

Omit “consult with the Roads and Traffic Authority and shall”.

[4]      Clause 5 (3) (a)

Omit the paragraph.

[5]      Clause 9 Relocation of major roads

Omit “the Department”. Insert instead “the Roads and Traffic Authority”.

[6]      Clause 10 Opening of public road

Omit “consult with the Roads and Traffic Authority and shall” from clause 10
(2).

[7]      Clause 10 (2) (b)

Omit “locality, and”. Insert instead “locality.”.

[8]      Clause 10 (2) (c)

Omit the paragraph.

[9]      Clause 19 Service stations or car repair stations

Omit clause 19 (b) (i).

[10]      Clause 20 Drive-in theatre

Omit clause 20 (2).

[11]      Clause 25 Liquid fuel depots

Omit “and the concurrence of the Department for the time being engaged in the administration of the Dangerous Goods Act 1975” from clause 25 (1).

[12]      Clause 25 (2)

Omit the subclause.

BY AUTHORITY