Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (NSW)
This Regulation is the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.
This Regulation commences on the commencement of Schedule 13 to the Environmental Planning and Assessment Amendment Act 2017.
See section 10.16 of the Act for provisions relating to the making of this Regulation and the application to this Regulation of provisions of the Interpretation Act 1987 and the Subordinate Legislation Act 1989.
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
In this Part—
(a) sections 81A(2)–(6) and 86 of the Act, as in force immediately before the substitution of those provisions by the amending Act, and
(b) Part 4A of the Act, as in force immediately before the repeal of that Part by the amending Act, and the regulations made under that Part as so in force.
In this clause—
A reference in any document (whether enacted, issued or made before or after the commencement of this clause) to a provision of the Act that has been renumbered or relocated by the Environmental Planning and Assessment Amendment Act 2017 is taken to be a reference to the renumbered or relocated provision. Anything done or omitted to be done under any such provision of the Act before it was renumbered or relocated is taken to have been done or omitted under the provision as renumbered or relocated.
A reference in any document (whether enacted, issued or made before or after the commencement of this clause) to any such renumbered or relocated provision of the Act is taken to include a reference to the provision before it was renumbered or relocated.
This clause is subject to any contrary intention in the provision in which a relevant reference occurs.
In this clause—
See the concordance table of renumbered and relocated provisions at the end of historical notes to the in-force version of the Environmental Planning and Assessment Act 1979 on the NSW legislation website.
The provisions of Schedules 1, 2 and 3 are, to the extent that as a result of the amending Act they re-enact provisions of the Act, transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(cf previous s 8)
The Planning Ministerial Corporation constituted under this Act is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the corporation constituted as the “Minister administering the Environmental Planning and Assessment Act 1979” under section 8 of the Act immediately before the repeal of that section by the amending Act.
Without limiting the operation of this clause, the assets, rights and liabilities of the corporation so constituted are the assets, rights and liabilities of the Planning Ministerial Corporation.
(cf previous s 23B)
The Independent Planning Commission constituted under the Act is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the Planning Assessment Commission established under section 23B of the Act immediately before the repeal of that section by the amending Act.
Without limiting the operation of this clause, the assets, rights and liabilities of the Planning Assessment Commission are the assets, rights and liabilities of the Independent Planning Commission constituted under the Act.
A person holding office as a member of the Planning Assessment Commission immediately before the commencement of this clause is taken to have been appointed as a member of the Independent Planning Commission for the balance of the member’s term of office under the Act.
A determination (or purported determination) by the chairperson of the Planning Assessment Commission before the commencement of this clause for the Commission to be constituted by more or fewer than 3 members for the purposes of exercising its functions with respect to a particular matter is taken to be, and always to have been, valid.
A person holding office as a member of a Sydney planning panel (including a council nominee) under Part 3 of the Greater Sydney Commission Act 2015 immediately before the commencement of this clause is taken to have been appointed or nominated as a member of the corresponding Sydney district planning panel established under the Act for the balance of the person’s term of office.
A reference in this clause to a member includes a reference to an alternate of a member appointed under the Greater Sydney Commission Act 2015.
A person holding office as a member of a joint regional planning panel (including a council nominee) under section 23G of, and Schedule 4 to, the Act immediately before the commencement of this clause is taken to have been appointed or nominated as a member of the corresponding regional planning panel established under the Act for the balance of the person’s term of office.
A reference in this clause to a member includes a reference to an alternate of a member appointed under the Act.
A person holding office as a member of a local planning panel under section 23K immediately before the commencement of this clause is taken to have been appointed by the applicable council as a member of a local planning panel under the Act for the balance of the person’s term of office.
A reference in this clause to a member includes a reference to an alternate of a member appointed under the Act.
The Mining and Petroleum Gateway Panel constituted by the Minister under clause 17N of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 immediately before the substitution of that clause by Schedule 11.7 to the amending Act is taken to have been constituted under that clause, as so substituted, as a subcommittee of the Independent Planning Commission.
A person holding office as a member of the Panel immediately before the substitution of clause 17N is taken to have been appointed as a member of the Panel (as constituted in accordance with this clause) for the balance of the person’s term of office.
A delegation of a function under section 23 of the Act (as in force before the repeal of that section by the amending Act) is, on that repeal, taken to be a delegation of that function under section 2.4 of the Act.
The council of an area is required to make its first local strategic planning statement under section 3.9 of the Act (as inserted by the amending Act)—
(a) in the case of an area within the Greater Sydney Region—before 31 March 2020, or
(b) in any other case—before 1 July 2020.
The council of an area within the Greater Sydney Region is required to exhibit a draft local strategic planning statement before 1 October 2019.
A gateway determination may authorise a council to make a local environmental plan in accordance with section 3.34(2)(g) of the Act, as inserted by the amending Act, even if it relates to a planning proposal made before the commencement of section 3.34(2)(g) of the Act.
A delegation under the Act to a council to make a local environmental plan in relation to a planning proposal that was the subject of a gateway determination made before that commencement is taken to be an authorisation under section 3.34(2)(g) of the Act.
A provision of the Act inserted by the amending Act that provides for the registration of a development consent or other approval on the NSW planning portal is taken, until the planning portal provides a facility for that registration, to provide for the notification of the consent or approval to the applicant for the consent or approval.
Without limiting clause 4A, a reference in any Act or statutory or other instrument under an Act, or in any contract or agreement, to Part 5 or Part 5.1 of the Act is, on and after the amendment of that Part by the amending Act, to be read as a reference to Division 5.1 or Division 5.2, respectively, of Part 5 of the Act.
This clause does not apply to any such reference in the Act or this Regulation and is subject to any contrary intention in the provision in which the reference occurs.
A certificate that was issued under Part 4A of the Act (as in force immediately before the repeal of that Part) and that continues to have effect is taken to be a corresponding certificate issued under Part 6 of the Act.
Part 4A of the Act (as in force immediately before the repeal of that Part) continues to apply to an application for a certificate under that Part pending on the repeal of that Part. Subclause (1) extends to a certificate issued on the determination of any such application.
A subdivision works certificate is not required under section 6.13 of the Act (as inserted by the amending Act) for the carrying out of subdivision work in accordance with a development consent granted before the commencement of that section.
Section 4.31 of the Act (as inserted by the amending Act) does not apply to any proceedings commenced in the Court before the commencement of that section.
Section 6.32 of the Act (as inserted by the amending Act) does not apply to any proceedings commenced in the Court before the commencement of that section.
A planning authority is required to prepare its first community participation plan under section 2.23 of the Act (as inserted by the amending Act) before 1 December 2019.
Until the first community participation plan of a planning authority is prepared and published, mandatory community participation requirements under Schedule 1 to the Act that are to be determined by reference to the community participation plan of the planning authority are required to be determined by reference to the requirements of or made under the Act that would have applied but for the enactment of the amending Act.
The mandatory notification requirements under clause 20(2)(c) and (d) of Schedule 1 to the Act do not apply to a decision made before 1 July 2018.
(Repealed)
Until 1 December 2019, Part 6 of the Act (as inserted by the amending Act), other than Division 6.7, does not apply and the former building and subdivision provisions continue to apply in respect of a matter (whether or not the matter was pending on the repeal of those provisions).
For the avoidance of doubt, the following provisions as in force immediately before 1 March 2018 continue to apply to and in respect of a breach, occurring on or after that day, of a former building and subdivision provision—
(a) Division 4 of Part 6 of the Act,
(b) any other provision of the Act, or a regulation made under the Act, that provides for the prosecution of an offence in relation to the breach, including by way of issuing a penalty notice.
The former building and subdivision provisions continue to apply, despite their repeal, to or in respect of the following—
(a) an interim occupation certificate or final occupation certificate in force under those provisions immediately before 1 December 2019,
(b) a development consent granted before that date.
(Repealed)
In this clause—
A reference in section 7.14 or 7.16(3) of the Biodiversity Conservation Act 2016, or in any other document, to the Minister for Planning as consent authority for an application for development consent for State significant development includes a reference to the Independent Planning Commission as consent authority for any such application as a consequence of the enactment of section 4.5(a) of the Act by Schedule 4.1 to the Environmental Planning and Assessment Amendment Act 2017.
Section 57 of the Act, as in force immediately before the repeal of that section by the amending Act, continues to have effect for the purposes of section 29 of the Local Government Act 1993.
The Minister may, on or after the commencement of this clause, make a local environmental plan that applies to a local government area in the Greater Sydney Region even though the process under Part 3 of the Act (including the preparation of the relevant planning proposal, community consultation and gateway determination) was commenced, or occurred, before that commencement.
For that purpose, anything done by or for the Greater Sydney Commission before that commencement under Part 3 of the Act in connection with the proposed plan is taken to have been done by or for the Minister.
Nothing in this clause prevents a council designated, before that commencement, as the local plan-making authority for a local environmental plan that applies to a local government area in the Greater Sydney Region from making the plan.
Any delegation by the Greater Sydney Commission of any of the Commission’s functions under Part 3 of the Act (as in force before 10 December 2018) relating to the making of local environmental plans that apply to local government areas in the Greater Sydney Region, being a delegation in force immediately before that day, is taken to be a delegation by the Minister of those functions.
Accordingly a reference to the Greater Sydney Commission in the instrument of any such existing delegation is taken to be a reference to the Minister.
Section 3.30(2) of the Act, as inserted by the Planning Legislation Amendment (Greater Sydney Commission) Act 2018, does not apply to an environmental planning instrument made by the Governor before 1 January 2019.
Section 3.34(3A) and (3B) of the Act, as inserted by the Planning Legislation Amendment (Greater Sydney Commission) Act 2018, do not apply in respect of the determination of a planning proposal by the Minister until on and after 1 January 2019.
The Environmental Planning and Assessment Regulation 2000, as in force immediately before the commencement of the Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018, continues to apply in relation to a development application lodged before 1 January 2020 as if Schedule 1[1], [3], [7] and [11] to that Regulation had not been made.
Subclause (1) does not apply in relation to a development application if—
(a) the Planning Secretary has, by order published in the Gazette, exempted a consent authority from the application of the subclause on and from a specified day, and
(b) the development application is lodged with the consent authority on or after that day.
A reference in the Building Code of Australia to “AS 3959 as amended by Planning for Bush Fire Protection” (however worded) is for the purposes of the Environmental Planning and Assessment Regulation 2000 taken to be a reference to Australian Standard AS 3959—2009, Construction of buildings in bushfire-prone areas as amended by Planning for Bush Fire Protection 2006—Addendum: Appendix 3 dated 2010.
This clause ceases to have effect when clause 272 of the Environmental Planning and Assessment Regulation 2000 is amended or substituted to update the reference to the version of Planning for Bush Fire Protection dated December 2006 to a later version of that document.
In this Part—
Clause 25B(3) of the principal regulation does not apply to a new planning agreement or an amendment or revocation of an existing planning agreement if public notice of the agreement, amendment or revocation has been given under section 7.5 of the Act before the commencement of clause 25B(3).
Clauses 25F(3)(d), 25G(3)(d) and 25H(3)(d) of the principal regulation do not apply to a planning agreement entered into before the commencement of the paragraphs.
Clause 34(2)(a) of the principal regulation as substituted by the amending regulation does not apply to a development application received before the substitution.
Clause 35(1A) of the principal regulation does not apply to a contribution received before the commencement of that subclause.
In this Part—
The regional strategic plan entitled Greater Sydney Region Plan—A Metropolis of Three Cities continues to have effect until a regional strategic plan is made for the Six Cities Region.
The following district strategic plans continue to have effect until district strategic plans are made for the Eastern Harbour City, the Central River City and the Western Parkland City—
(a) Eastern City District Plan,
(b) Central City District Plan,
(c) North District Plan,
(d) South District Plan,
(e) Western City District Plan.
The Illawarra Shoalhaven Regional Plan 2041 continues to have effect, as if it were a district strategic plan, until a district strategic plan is made for the Illawarra-Shoalhaven City.
The Central Coast Regional Plan 2036 continues to have effect, as if it were a district strategic plan, until the plan referred to in subclause (2) commences.
A regional strategic plan for the Central Coast region within the meaning of the Act, Division 3.1, immediately before its amendment by the new Act, is to be prepared and made under the Division as if the Division had not been amended by the new Act.
The plan referred to in subclause (2) has effect, as if it were a district strategic plan, until a district strategic plan is made for the Central Coast City.
The Hunter Regional Plan 2036 continues to have effect, as if it were a district strategic plan, until the plan referred to in subclause (2) commences.
A regional strategic plan for the Hunter region within the meaning of the Act, Division 3.1, immediately before its amendment by the new Act, is to be prepared and made under the Division as if the Division had not been amended by the new Act.
The plan referred to in subclause (2) has effect—
(a) for the Lower Hunter and Greater Newcastle City of the Six Cities Region—as if it were a district strategic plan, until a district strategic plan is made for the City, and
(b) for the remainder of the Hunter region—as if it were a regional strategic plan, until a regional strategic plan is for the land.
After the commencement of Schedule 13 to the Environmental Planning and Assessment Amendment Act 2017, a reference in this Schedule to a provision of the Act that has been renumbered or relocated by that Act is taken to be a reference to the renumbered or relocated provision (unless the context or subject-matter otherwise indicates or requires).
In this clause—
Section 91(3B) extends to a condition imposed in the determination of a development application before the commencement of that subsection.
Section 91A, as substituted by the Environmental Planning and Assessment (Amendment) Act 1994, applies to a development application made but not determined as at the date of commencement of Schedule 1(3) to that Act.
The amendment made by the amending Act extends to the consents granted by Port Stephens Shire Council on 7 June 1978 and 28 March 1979 to RZM (Newcastle) Limited in respect of mineral sandmining on land comprised in Mining Leases 594, 1226 and 744 despite the decision of the Land and Environment Court in Paul Winn v Director-General of National Parks and Wildlife and RZM Pty Limited(No 40209 of 1995).
Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
In this clause—
Section 4(12), as inserted by the Environmental Planning and Assessment Amendment Act 1996, is taken to have commenced on 1 September 1980.
Section 26(1)(g), as inserted by the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments made, or in the course of preparation, before it was so inserted.
Section 36, as inserted by the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments that took effect before that section was so inserted.
Part 3, as amended by an item of Schedule 1 to the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments in the course of preparation before that item commenced.
Sections 41 and 45, as amended by an item of Schedule 2 to the Environmental Planning and Assessment Amendment Act 1996, apply only to environmental studies and draft regional environmental plans if their preparation commences after that item commences.
Division 4B of Part 3 extends to a development application made to a consent authority but not finally determined before the commencement of that Division.
Section 90A extends to a development application made to a consent authority but not finally determined before the commencement of that section.
A date endorsed pursuant to section 92 on a notice and described on the notice as the “date of consent” is taken to be the date from which the consent becomes effective and operates, if the date was so endorsed before sections 92(2) and 93(1) were amended by the Environmental Planning and Assessment Amendment Act 1996.
Section 106(b), as inserted by the Environmental Planning and Assessment Amendment Act 1996, is taken to have commenced on 1 September 1980.
Division 4 of Part 5, as amended by an item of Schedule 4 to the Environmental Planning and Assessment Amendment Act 1996, extends to approvals granted by the Minister under that Division before the commencement of that item.
Section 127, as amended by the Environmental Planning and Assessment Amendment Act 1996, extends to proceedings for offences alleged to have been committed before the commencement of Schedule 5 to that Act.
Section 145B extends to anything done or omitted to be done before the commencement of Schedule 1[1] to the Environmental Planning and Assessment Amendment (Contaminated Land) Act 1996 if—
(a) the thing was done or omitted to be done substantially in accordance with planning guidelines relating to contaminated land published before that commencement, and
(b) those guidelines were notified in a manner that, had section 145C been in force, would have complied with subsection (1) of that section (whether or not the notification complied with subsection (2) of that section).
Anything done or omitted to be done before the commencement of the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 that would have been valid if the Act, as amended by the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996, had been in force when the thing was done or omitted to be done is validated.
If anything done or commenced under a provision of this or any other Act that is amended or repealed by the Environmental Planning and Assessment Amendment Act 1997 has effect or is not completed immediately before the amendment or repeal of the provision and could have been done or commenced under a provision of such an Act if the provision had been in force when the thing was done or commenced—
(a) the thing continues to have effect, or
(b) the thing commenced may be completed.
This clause is subject to any express provision of the Act or the regulations on the matter.
A notification given under section 81 before 1 July 1998 and in force immediately before that date is taken (until revoked) to be—
(a) until 1 January 2001—a notice given under clause 51B of the Environmental Planning and Assessment Regulation 1994, and
(b) on and from 1 January 2001—a notice given under clause 64 of the Environmental Planning and Assessment Regulation 2000.
This clause is taken to have commenced on 1 July 1998.
Regulations made as referred to in clause 1 as a consequence of the enactment of the Environmental Planning and Assessment Amendment Act 1997 may have effect despite the terms of any savings or transitional provisions contained in this or any other Act, if the regulations so provide.
(Repealed)
In this Part—
The consent authority with respect to land in the Darling Harbour Development Area is the Minister.
Subclause (1) does not apply with respect to land in the Darling Harbour Development Area if a State environmental planning policy referred to in clause 26(1) or a regional environmental plan or local environmental plan referred to in clause 26(3) specifies a consent authority with respect to that land.
The Darling Harbour Development Plan No 1 is taken to be a regional environmental plan, and may be amended and repealed accordingly.
A draft development plan for which an approval was in force under section 25 of the 1984 Act immediately before the appointed day is taken to be a draft regional environmental plan prepared under Division 3 of Part 3 of the Act.
Without limiting clause 1, a regulation referred to in that clause may make such amendments to the Darling Harbour Development Plan No 1 as are necessary to enable that plan to have effect as a regional environmental plan.
An application for a permit under the 1984 Act that had not been finally determined before the appointed day is to be dealt with under Part 5 of that Act as if the amending Act had not been enacted.
For the purposes of this clause, an application is not finally determined unless—
(a) a permit is granted or refused and no appeal against the decision to grant or refuse the permit is made within 12 months after the date on which the permit is granted or refused, or
(b) if such an appeal is made, the appeal is withdrawn or finally disposed of.
A permit under the 1984 Act, including a permit granted in accordance with this clause, is taken to be a development consent granted under the Act.
The Act applies to a development consent arising under this clause as if it had been granted when the permit referred to in subclause (3) was granted.
(Repealed)
Any State environmental planning policy that is expressed to apply—
(a) to the whole of the State, or
(b) to land within the Darling Harbour Development Area, or
(c) to land of which the Darling Harbour Development Area forms part,
applies, in accordance with its provisions, to land within the Darling Harbour Development Area.
Any regional environmental plan, local environmental plan or deemed environmental planning instrument that was in force before the commencement of this clause does not apply to land within the Darling Harbour Development Area.
Subclause (2) does not prevent—
(a) a regional environmental plan or local environmental plan made after the commencement of this clause from applying to land within the Darling Harbour Development Area, or
(b) a regional environmental plan or local environmental plan made before the commencement of this clause from applying to land within the Darling Harbour Development Area as a consequence of an amendment to the plan made after that commencement.
In this Part—
The consent authority with respect to land in the Sydney Cove Development Area is the Minister.
Subclause (1) does not apply to land in the Sydney Cove Development Area if a State environmental planning policy referred to in clause 32(1) or a regional environmental plan or local environmental plan referred to in clause 32(3) specifies a consent authority with respect to that land.
This clause applies to such land within the Sydney Cove Development Area as is not the subject of a local environmental plan.
Development of any kind may not be carried out on land to which this clause applies without development consent, subject to the provisions of any State environmental planning policy or regional environmental plan that allows development to be carried out on that land without development consent.
For the purposes of section 76A—
(a) the approved scheme has effect as if it were an environmental planning instrument, and
(b) subclause (2) has effect as if it were a provision of an environmental planning instrument.
Consequently, all development on land to which this clause applies must have development consent and must comply with the requirements of the approved scheme.
For the purposes of section 79C, the approved scheme has effect as if it were an environmental planning instrument.
The regulations may make provision for the amendment of the approved scheme.
An application for the consent of the Sydney Cove Redevelopment Authority under section 23 or 25 of the 1968 Act that had not been finally determined before the appointed day is to be dealt with under Part 4 of that Act as if the amending Act had not been enacted.
However, the application is to be dealt with by the Minister and not (subject to any delegation by the Minister under section 23) by the Sydney Cove Redevelopment Authority.
A consent under the 1968 Act, including a consent granted in accordance with this clause, is taken to be development consent granted under the Act.
The Act applies to development consent arising under this clause as if it had been granted when the consent referred to in subclause (3) was granted.
For the purposes of section 23, the Sydney Harbour Foreshore Authority is taken to be a council.
Any State environmental planning policy that is expressed to apply—
(a) to the whole of the State, or
(b) to land within the Sydney Cove Development Area, or
(c) to land of which the Sydney Cove Development Area forms part,
applies, in accordance with its provisions, to land within the Sydney Cove Development Area.
Any regional environmental plan, local environmental plan or deemed environmental planning instrument that was in force before the commencement of this clause does not apply to land within the Sydney Cove Development Area.
Subclause (2) does not prevent—
(a) a regional environmental plan or local environmental plan made after the commencement of this clause from applying to land within the Sydney Cove Development Area, or
(b) a regional environmental plan or local environmental plan made before the commencement of this clause from applying to land within the Sydney Cove Development Area as a consequence of an amendment to the plan made after that commencement.
In this Part—
An order may be made for the purposes of the definition of
The regulations may make provision, in relation to a ski resort area, for or with respect to the following—
(a) savings and transitional matters arising from development consent being required by an environmental planning instrument for any activity within a ski resort area that did not previously require development consent,
(b) converting any existing Part 5 approval into a current development consent,
(c) converting any certificate, permission or other authority given for the purposes of an existing Part 5 approval (or any requirement for such a certificate, permission or other authority) into a Part 4A certificate (or into a requirement for a Part 4A certificate),
(d) authorising the Secretary to issue a certificate certifying that any existing Part 5 approval, certificate, permission or other authority is to be treated as a current development consent or a Part 4A certificate,
(e) providing that any activity carried out in a ski resort area in accordance with any specified instrument, or any instrument of a specified class, in existence immediately before the commencement of this clause, is taken to be carried out in accordance with a development consent,
(f) enabling anything lodged in connection with an application for a Part 5 approval that has been lodged before the commencement of this clause, but not determined before that commencement, to be accepted as lodged in connection with an application for a development consent,
(g) any matter that is ancillary or incidental to, or otherwise related to, a matter referred to in any of the preceding paragraphs, but only to the extent to which the matter relates to an activity or development in a ski resort area.
The regulations may modify the application of any provision of the Act to or in respect of a ski resort area, but only in relation to—
(a) the person or authority to be responsible for exercising any function, or complying with any requirement, under the Act, under any existing Part 5 approval converted by regulations under this Part or under any certificate, permission or other authority given for the purposes of any such approval, and
(b) the way in which such functions are to be exercised or such requirements are to be complied with.
Despite any other provision of the Act—
(a) the Minister is the consent authority for all development applications relating to land within a ski resort area and a regulation made pursuant to this Part can not make a council responsible for exercising any other function referred to in subclause (1), and
(b) a regulation may be made pursuant to this Part for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and
(c) a State environmental planning policy may be made for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and
(d) any other environmental planning instrument for or with respect to a ski resort area may be made by the Minister only after consultation with the Minister for the Environment.
If the Minister recommends that any such regulation or State environmental planning policy be made, or makes any such other environmental planning instrument, against the advice of the Minister for the Environment, the Minister is to publish the reasons for making the recommendation or instrument in the same Gazette as that in which the regulation, policy or instrument is published.
When consulting with the Minister about whether a recommendation should be made for the making of a regulation or State environmental planning policy, and about whether any other environmental planning instrument should be made, for or with respect to a ski resort area, the Minister for the Environment must take into account whether the proposed regulation, policy or instrument—
(a) promotes the objects of the National Parks and Wildlife Act 1974, and
(b) is consistent with the plan of management under that Act for the land concerned.
Except as may otherwise be provided by the regulations, Chapter 7 of the Local Government Act 1993 does not apply to or in respect of a ski resort area.
A regulation made for the purposes of this clause may modify the application of any provision of Chapter 7 of the Local Government Act 1993 to or in respect of a ski resort area.
To remove any doubt, a regulation made pursuant to this Schedule can not have the effect of making any provision prevail over the National Parks and Wildlife Act 1974.
The Secretary is to present to the Minister a report as to the state of the environment in each ski resort area on each second anniversary of the day on which this clause commenced.
Section 428(2)(c) of the Local Government Act 1993 applies to the content of a state of the environment report under this clause, except that references in that paragraph to a council are to be read as references to the Department and the National Parks and Wildlife Service.
Copies of each report must be furnished to such persons and bodies as are prescribed under section 428(3) of the Local Government Act 1993.
An amendment made by Schedule 3 to the Environmental Planning and Assessment Amendment Act 1999 extends to a development consent granted before the commencement of the amendment.
Section 83(1)(b), as substituted by the Environmental Planning and Assessment Amendment Act 1999, extends to a development application made before the commencement of the substitution.
If a long service levy, or the first instalment of such a levy, has been paid under section 80(10A) before its repeal, section 109F as amended by the Environmental Planning and Assessment Amendment Act 1999 does not apply in respect of the levy, or the first instalment of the levy.
Section 109ZJ, as amended by the Environmental Planning and Assessment Amendment Act 1999, does not apply to or in respect of any development referred to in clause 34 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998.
Section 118J, as amended by the Environmental Planning and Assessment Amendment Act 1999, extends to an application for a building certificate that was made before the commencement of the amendment.
To remove any doubt, the Land Acquisition (Just Terms Compensation) Act 1991 does not apply to anything done or required to be done pursuant to a consent granted before or after 5 June 2000 (the commencement of the amending Act) in accordance with a provision referred to in section 7(1)(a), (b) or (c) of the amending Act.
Subclause (1) re-enacts (with minor modifications) section 9 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
In this clause—
In this Part—
Any application for an approval under the Local Government Act 1993, as in force immediately before the commencement of this clause—
(a) for use of a building or temporary structure as a place of public entertainment, or
(b) for the installation of a temporary structure on land,
being an application that had been made, but not determined, before the commencement of this clause is to be determined under that Act as if the amending Act had not been enacted.
Subject to the regulations under the Act, the conditions applying to the use of a building as a place of public entertainment—
(a) pursuant to any regulation in force under the Local Government Act 1993, as in force immediately before the commencement of this clause, or
(b) pursuant to any approval in force under Part 1 of Chapter 7 of the Local Government Act 1993, as in force immediately before the commencement of this clause, including an approval granted as referred to in clause 39, or
(c) pursuant to any local policy in force under Part 3 of Chapter 7 of the Local Government Act 1993, as in force immediately before the commencement of this clause, or
(d) pursuant to any exemption in force under the Local Government Act 1993, as in force immediately before the commencement of this clause,
continue to apply to the use of a building as a place of public entertainment as if those conditions were contained in regulations under the Act.
(Repealed)
This clause does not authorise the use of a building as a place of public entertainment if, apart from this clause, the building may not lawfully be used for that purpose under the Act.
This clause ceases to have effect 2 years after the date on which it commences.
Subject to the regulations under the Act, the conditions applying to the installation of a temporary structure on land—
(a) pursuant to any regulation in force under the Local Government Act 1993, as in force immediately before the commencement of this clause, or
(b) pursuant to any approval in force under Part 1 of Chapter 7 of the Local Government Act 1993, as in force immediately before the commencement of this clause, including an approval granted as referred to in clause 39, or
(c) pursuant to any local policy in force under Part 3 of Chapter 7 of the Local Government Act 1993, as in force immediately before the commencement of this clause, or
(d) pursuant to any exemption in force under the Local Government Act 1993, as in force immediately before the commencement of this clause,
continue to apply to the installation of a temporary structure on land as if those conditions were contained in regulations under the Act.
This clause does not authorise the installation of a temporary structure on land if, apart from this clause, such a structure may not lawfully be installed on the land under the Act.
This clause ceases to have effect 2 years after the date on which it commences.
The following land within the area of a council is taken to be bush fire prone land for the area of the council until a bush fire prone land map for the area has been certified by the Commissioner of the NSW Rural Fire Service under section 146—
(a) land that is within, or within 100 metres of, a high or medium bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land, and
(b) land within, or within 30 metres of, a low bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land.
In this clause—
In this Part,
A committee referred to in section 20 or 22 is taken from the time of its constitution to have been a statutory body representing the Crown.
Any authorisation granted to the Director-General under clause 199 of the Environmental Planning and Assessment Regulation 2000 that was in force immediately before the commencement of section 23(1A), as inserted by the 2002 amending Act, is taken to be a delegation under section 23(1), and may be subdelegated accordingly.
(Repealed)
Section 158, as inserted by the 2002 amending Act, extends to matters arising before the commencement of that section.
(Repealed)
In this Part,
Section 96(8), as in force before the amendment made to that subsection by the 2003 amending Act, applies in respect of an application for a modification of a development consent made before the commencement of that amendment.
Section 96AA(1A) and (1B), as inserted by the 2003 amending Act, apply only in respect of an application for a modification of a development consent made on or after the commencement of those subsections.
Section 96AA(1C), as inserted by the 2003 amending Act, extends to a modification (of a development consent) granted before the commencement of that subsection.
Section 95B, as inserted by the Environmental Planning and Assessment Amendment (Development Consents) Act 2003, extends to the following—
(a) any development consent granted pursuant to State Environmental Planning Policy No 34—Major Employment-Generating Industrial Development, or State Environmental Planning Policy No 48—Major Putrescible Landfill Sites, that was determined after 1 July 1998 by the operation of clause 18 or 19 of this Schedule,
(b) any consent granted in response to an application for consent to State significant development made before, but not finally determined on, the commencement of this clause.
Section 104A, as inserted by the Environmental Planning and Assessment Amendment (Development Consents) Act 2003, extends to a development consent granted before the commencement of the section.
In this Part,
The substitution of section 22(3) by the 2003 amending Act does not affect any appointment of a Chairperson under that provision as in force before the substitution.
Section 80(12), as amended by the 2003 amending Act, extends to any variation to a construction certificate, plan or specification that lawfully occurred before the commencement of that amendment.
Section 81A, as amended by the 2003 amending Act, extends to building work or subdivision work the subject of a development consent granted before the commencement of those amendments unless the work had begun before that commencement.
Section 86, as amended by the 2003 amending Act, extends to building work or subdivision work the subject of a complying development certificate issued before the commencement of those amendments unless the work had begun before that commencement.
Section 109C(1A), as inserted by the 2003 amending Act, extends to matters arising before the commencement of that subsection.
Section 109E, as amended by the 2003 amending Act, extends to any development consent or complying development certificate issued before the commencement of those amendments for which a principal certifying authority needs to be appointed after that commencement.
Section 109EA, as inserted by the 2003 amending Act, extends to the replacement of a principal certifying authority who had been appointed before the commencement of that section.
Section 109H(1B), as inserted by the 2003 amending Act, does not apply to any building work that commenced before that amendment.
An occupation certificate issued in accordance with section 109H, as in force before it was amended by the 2003 amending Act, is taken to have been issued in accordance with that section, as so amended.
Section 109ZF(2), as inserted by the 2003 amending Act, extends to complaints that were made but not finally dealt with before the date of assent to that Act and to a person whose right to practise as an accredited certifier was suspended, or whose accreditation was withdrawn or lapsed, before that date.
Section 109ZG(1AA), as inserted by the 2003 amending Act, extends to matters arising before the commencement of that subsection.
Subject to subclause (2), Division 1B of Part 6, as inserted by the 2003 amending Act, extends to matters arising before the commencement of that Division.
Section 109U, as in force immediately before its repeal by the 2003 amending Act, continues to apply to any investigation that had commenced before the repeal of that section as if that Act had not been enacted.
Section 127(5), as substituted by the 2003 amending Act, does not apply to offences arising before the commencement of that amendment.
Section 148A, as inserted by the 2003 amending Act, does not apply to conduct occurring before the commencement of that section.
Clauses 98A and 98B of the Environmental Planning and Assessment Regulation 2000, as inserted by the 2003 amending Act, do not apply to work that had been commenced before the commencement of those clauses.
Clauses 136B and 136C of the Environmental Planning and Assessment Regulation 2000, as inserted by the 2003 amending Act, do not apply to work that had been commenced before the commencement of those clauses.
The amendments to clauses 130, 138, 142, 151 and 160 of the Environmental Planning and Assessment Regulation 2000 made by the 2003 amending Act do not apply to any determination made under any of those clauses, or any certificate issued under any of those clauses, before the commencement of those amendments.
In this Part,
The substitution of Division 6 of Part 4 of the Act by the 2005 amending Act does not affect anything done under that Division before its substitution, and anything so done is taken to have been done under the corresponding provision of that Division as so substituted.
In this Part—
Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.
Despite its repeal by Schedule 1 to the 2005 Amending Act, Division 4 of Part 5 of the Act continues to apply to and in respect of the carrying out of any activity for which the Minister’s approval under that Division was sought before its repeal.
If the activity is a project to which Part 3A of the Act applies—
(a) subclause (1) applies to the activity (unless the instrument that declares it a project otherwise provides), and
(b) Part 3A of the Act does not apply to the activity while Division 4 of Part 5 of the Act continues to apply to the activity (subject to subclause (3)).
The approval of the Minister for an activity that was given under Division 4 of Part 5 of the Act before its repeal (or under that Division as continued by subclause (1)) is taken to be an approval under Part 3A of the Act, and that Part (sections 75U and 75V excepted) applies accordingly.
Until regulations are made under section 115P(3) (as substituted by the 2005 Amending Act), the provisions of Division 4 of Part 5 of the Act continue to apply (with necessary modifications) to approvals under that section of the Minister administering the Act.
If a development application for State significant development is pending on the commencement of Part 3A of the Act, the application is to be determined (unless withdrawn by the applicant) as if the amendments made to the Act by Schedule 1 to the 2005 Amending Act had not been made.
A reference in any Act or instrument to State significant development within the meaning of the Act is taken to be a reference to a project to which Part 3A of the Act applies.
This subclause ceases to have effect on the repeal of Part 3A of the Act.
Section 75U (as inserted by the 2005 Amending Act), in so far as it excludes the requirement for an approval under Part 4 of the Heritage Act 1977, does not apply to the carrying out of any development in connection with the Opera House that is a project to which Part 3A applies.
In that case, section 75V applies instead as if an approval under Part 4 of the Heritage Act 1977 were included in section 75V(1).
The Minister may, by order published on the NSW legislation website, transfer any provisions of State environmental planning policies or regional environmental plans (with or without modification) to the principal local environmental plans for the local government areas to which the existing provisions apply.
Subclause (1) does not prevent an environmental planning instrument being made to transfer any of those existing provisions in respect of a particular local area.
The transfer of any of those existing provisions is taken to be a matter of State environmental planning significance for the purposes of the Act.
The Secretary may issue a certificate under section 65 or furnish a report under section 69 (despite sections 65(1A) and 69(2), as inserted by the 2005 Amending Act) if the Secretary is satisfied that—
(a) significant council resources have been expended in the preparation of the draft instrument before the prescription of the relevant standard instrument, or
(b) the draft instrument makes a necessary amendment of a principal environmental planning instrument made before the prescription of the relevant standard instrument, or a necessary amendment of an instrument referred to in paragraph (a),
and the Secretary is satisfied that satisfactory arrangements have been made for the making of a replacement instrument in accordance with the relevant standard instrument.
Model provisions made under section 33 (as in force immediately before its repeal by the 2005 Amending Act) continue in force for the purposes of any existing environmental planning instruments that adopt those model provisions.
The Minister may, by order published in the Gazette, amend or revoke any of those model provisions, and section 33(2) (as so in force) applies accordingly.
A development control plan made under section 51A or 72 and in force immediately before the repeal of that section by the 2005 Amending Act is taken to be a development control plan made under Division 6 of Part 3 (as inserted by that Act).
Section 74C (as inserted by the 2005 Amending Act) does not render invalid any provision of a development control plan that is continued in force by subclause (1) during the period until a development control plan is made under section 74C in respect of the land concerned.
Anything done under section 51A or 72 immediately before its repeal by the 2005 Amending Act in connection with a proposed development control plan is taken to have been done under Division 6 of Part 3 (as inserted by that Act).
Regulations made for the purposes of section 51A or 72 and in force immediately before the repeal of that section by the 2005 Amending Act are taken to have been made for the purposes of Division 6 of Part 3 (as inserted by that Act).
This clause applies to any provision of an environmental planning instrument that is in force on the commencement of this clause and that requires, before the grant of development consent, a master plan (within the meaning of clause 92A of the Environmental Planning and Assessment Regulation 2000 as in force before its amendment by the 2005 Amending Act) for the land concerned.
While that provision continues in force, it is to be construed as requiring a development control plan under section 74D (as inserted by the 2005 Amending Act) with respect to the matters required to be included in the master plan, and in accordance with the procedures provided for making the master plan, by the environmental planning instrument.
Any master plan made under that provision before the commencement of this clause is taken to be a development control plan under section 74D (as inserted by the 2005 Amending Act).
Directions given under section 117(2) before the commencement of section 117(2A) by the 2005 Amending Act cease to have effect on that commencement.
However, those directions continue in force for the purposes of any draft local environmental plan that is the subject of a certificate under section 65 issued before that commencement.
The substitution of section 80(5) by the 2005 Amending Act does not affect a condition of a development consent that requires another development consent before development may be carried out.
Section 95 (as in force immediately before the amendment of that section by the 2005 Amending Act) continues to apply to a development consent that is subject to such a condition.
Section 83C (as inserted by the 2005 Amending Act) applies as if a reference in that section to a provision of an environmental planning instrument that requires a development control plan included a reference to any such provision made before the commencement of this clause that requires a master plan.
Section 111A (as inserted by the 2005 Amending Act) extends to an activity that was carried out or began to be carried out before the commencement of that section.
Section 80A(10A) does not apply to a consent issued before the commencement of the subsection.
Section 85(5A) does not apply to a complying development certificate issued before the commencement of the subsection.
Section 109F(1A) does not apply to a construction certificate issued before the commencement of that subsection or in relation to building work or subdivision work that was physically commenced on the land to which the relevant development consent applies before the commencement of that subsection.
In this Part—
Section 94EA(2A), as inserted by the amending Act, does not affect a condition imposed under section 94 before the commencement of section 94EA(2A) and any such condition continues to have effect as if that subsection had not commenced.
Section 94F(6), as inserted by the amending Act, does not affect a condition imposed under section 94F before the commencement of section 94F(6) and any such condition continues to have effect as if that subsection had not commenced.
The Minister is to review Subdivision 4 of Division 6 of Part 4 of the Act to determine whether the policy objectives of that Subdivision remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 3 years from the date of assent to the amending Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
In this Part—
Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.
The amendments made by Schedule 1[3], [4] and [5] to the amending Act apply to declarations made (or purporting to be made) before the commencement of those amendments.
The amendment made by Schedule 1[12] to the amending Act applies only to applications lodged after the commencement of the amendment.
The other amendments to Part 3A of the Act made by Schedule 1 to the amending Act extend to matters pending under Part 3A on the commencement of those amendments.
A concept plan that was submitted before the commencement of the amendments made by Schedule 1[11], [21] and [29] to the amending Act may continue to be dealt with after that commencement as if it were an application for approval of a concept plan.
Section 93F(3A), as inserted by the amending Act, applies only to a planning agreement that is entered into after the commencement of that subsection and that was the subject of public notice under section 93G after that commencement.
Section 94CA, as inserted by the amending Act, extends to permit contributions provided for a public amenity or service, as a result of a condition allowed under a contributions plan that is in force before the commencement of that section, to be applied, with the written approval of the Minister, to an equivalent, similar or related public amenity or service.
A development consent granted before the commencement of section 95(6), as inserted by the amending Act, that is subject to a deferred commencement condition under section 80(3), lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within—
(a) 5 years after the date consent was granted, or
(b) 2 years after the date of the commencement of section 95(6),
whichever is the later.
Section 109H, as substituted by the amending Act, does not apply to or in respect of an application for an occupation certificate made, but not determined, before that substitution and that section, as in force immediately before that substitution, continues to apply to and in respect of any such application.
Section 109J, as substituted by the amending Act, does not apply to or in respect of an application for a subdivision certificate made, but not determined, before that substitution and that section, as in force immediately before that substitution, continues to apply to and in respect of any such application.
Section 116D, as amended by the amending Act, does not apply to an application made, but not determined, before that amendment and that section, as in force immediately before that amendment, continues to apply to any such application.
Section 116E, as amended by the amending Act, does not apply to an application made, but not determined, before that amendment and that section, as in force immediately before that amendment, continues to apply to any such application.
Section 127(5A)–(5C), as inserted by the amending Act, apply only in respect of offences alleged to have been committed after the commencement of those subsections.
In this Part—
Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.
In this Division—
All existing State environmental planning policies and existing regional environmental plans are, on the relevant commencement day, taken to be environmental planning instruments made by the Governor under Division 2 of Part 3 of the Act, as amended by the amending Act.
As soon as practicable after the relevant commencement day, the Minister is to review the provisions of all existing regional environmental plans.
An environmental planning instrument (whether a principal or amending instrument) may be made by the Governor under Division 2 of Part 3 of the Act, or by the Minister under Division 4 of that Part, to transfer those existing environmental planning provisions (with or without modification) to appropriate new or existing principal instruments that apply to the land concerned.
Any such instrument may be made without compliance with the provisions of Part 3 of the Act relating to the conditions precedent to the making of the instrument.
All existing local environmental plans are, on the relevant commencement day, taken to be environmental planning instruments made by the Minister under Division 4 of Part 3 of the Act, as amended by the amending Act.
The Minister may dispense with any conditions precedent to the making of an environmental planning instrument under that Division if satisfied that the instrument was in the course of preparation before the commencement of this clause.
All deemed environmental planning instruments that are in force immediately before the relevant commencement day continue in force and have effect according to their tenor.
Any such instrument may be amended or repealed by an environmental planning instrument made under Part 3 of the Act.
A person who held office as a Commissioner of Inquiry immediately before the repeal of Division 4 of Part 2 by the amending Act ceases to hold office on that repeal.
A Commissioner of Inquiry is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.
A person who held office as a member of the Local Government Liaison Committee immediately before the repeal of Division 5 of Part 2 by the amending Act ceases to hold office on that repeal.
Any such member is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.
The amendment made to section 109ZK by the amending Act does not apply to any building work or subdivision work commenced before the commencement of the amendment.
The repeal of the Bennelong Point (Parking Station) Act 1985 does not affect the carrying out of development authorised by that Act.
The amendments made by Schedule 1.13[6] and [8] to the Statute Law (Miscellaneous Provisions) Act 2009 apply only in relation to an application for an occupation certificate or a subdivision certificate made on or after the commencement of those amendments.
The amendments made to Part 4 of the Act by the Planning Appeals Legislation Amendment Act 2010 do not apply to or in respect of a development application lodged with a consent authority before the commencement of section 82B (as inserted by that amending Act).
In this Part—
An authorisation is declared to be a development consent under the Act for the development comprising the infrastructure project if the Co-ordinator General has certified in writing that this Part applies to the project.
The Act, as modified by this Part and with any other necessary modifications, applies to a nation building consent as if it were a development consent granted under the Act and to any conditions of that consent as if they were conditions of a development consent.
A nation building consent is, for the purposes of the Act, taken to have been effective and to operate from the date the relevant authorisation was granted under the Nation Building Act.
For the purposes of the Act and any instrument made under the Act, the consent authority for a nation building consent is the council for the area in which the infrastructure project is situated or, if the project is situated in the Western Division, the Western Lands Commissioner.
In any instrument, a reference—
(a) to an authorisation that has been declared by this Part to be a development consent under the Act is taken to be a reference to a development consent, and
(b) to a condition of any such authorisation is taken to be a reference to a condition of the development consent, and
(c) to the NSW Infrastructure Co-ordinator General in respect of any such development consent is taken to be a reference to the consent authority referred to in subclause (4).
Any direction given under section 117 of the Act before 27 January 2016 ceases to have effect on that date to the extent that the direction—
(a) requires a relevant planning authority to give effect to the document entitled A Plan for Growing Sydney (as referred to in section 75AE(3) of the Act) in preparing a planning proposal under section 55 of the Act, or
(b) imposes any obligation on a relevant planning authority that is inconsistent with the requirement under section 75AI(2) of the Act for the planning authority to give effect to certain strategic plans (as referred to in that subsection) in preparing a planning proposal.
Despite any other provision of this Part, the Minister (or the Minister’s delegate) continues to be a party to any of the following legal proceedings in which the validity of an environmental planning instrument is questioned—
(a) proceedings commenced but not completed before 27 January 2016,
(b) proceedings commenced on or after that date relating to an instrument made before that date.
If a development application or an application for an occupation certificate is made before the commencement of the Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016 and the application has not been finally determined before that commencement, the application must be determined as if that Regulation had not been made.
If a proponent has been notified of environmental assessment requirements by the Secretary under section 115Y(4) of the Act before the commencement of the Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016, any environmental impact statement prepared by or on behalf of the proponent for the purposes of the environmental assessment may be prepared as if that Regulation had not been made.
The Environmental Planning and Assessment Regulation 2000, as in force immediately before its amendment by the Environmental Planning and Assessment Amendment (Schools) Regulation 2017, continues to apply to the determination of all applications for complying development certificates made, but not finally determined, before the commencement of the amending Regulation.
In this Part—
An application for a complying development certificate that was made, but not finally determined, before the commencement of the amending Regulation, is to be determined as if the amending Regulation had not been made.
An application for a construction certificate that is required in relation to building work the subject of an existing consent is to be determined as if the amending Regulation had not been made.
An application for an occupation certificate that is required in relation to building work the subject of an existing consent is to be determined as if the following provisions of the amending Regulation had not been made—
(a) Schedule 1[1]–[10],
(b) Schedule 1[12] to the extent that it inserts clause 152B,
(c) Schedule 1[13]–[25].
In this clause—
(a) a development consent granted, or a complying development certificate issued, before the commencement of the amending Regulation,
(b) a development consent granted, or a complying development certificate issued, after the commencement of the amending Regulation for which application was made before that commencement.
(Clause 287)
In this Schedule—
Expressions used in this Schedule that are defined in clause 32A of Schedule 6 to the Act have the meanings set out in that clause.
The terms
The provisions of this Schedule are, to the extent that as a result of the Environmental Planning and Assessment Regulation 2021 they re-enact provisions of the Environmental Planning and Assessment Regulation 2000, transferred provisions to which the Interpretation Act 1987, section 30A applies.
The Director-General may issue to the holder of a convertible Part 5 approval a certificate certifying that the convertible Part 5 approval is taken to be a development consent that authorises the carrying out of the development authorised by the convertible Part 5 approval.
The Director-General may, in the certificate, specify that the development consent is of a particular type because of the conditions imposed on it (for example, a deferred commencement development consent pursuant to in section 4.16(3) of the Act or a development consent for staged development pursuant to section 4.16(5) of the Act).
The Director-General is not to issue a certificate under this clause unless the certificate identifies the classification, in accordance with the Building Code of Australia, of any building or proposed building the subject of the convertible Part 5 approval concerned.
On the issue of the certificate by the Director-General, the convertible Part 5 approval the subject of the certificate is taken—
(a) to be a development consent and to be of the type (if any) specified in the certificate, and
(b) to have been granted subject to the same conditions as those to which the convertible Part 5 approval was subject.
For the avoidance of doubt, section 4.19 of the Act applies to a converted Part 5 approval and, in so applying that subsection, a reference to a purpose specified in the development application is to be read as a reference to a purpose specified in the application for the convertible Part 5 approval concerned.
A certificate issued under this clause has effect according to its terms.
If a converted Part 5 approval is expressed so as to require a further Part 5 approval to carry out any development the subject of the converted Part 5 approval, a development consent must be obtained for that development instead of a further Part 5 approval.
In this clause,
Without limiting the generality of clause 5, the Director-General may issue to the holder of a building consent a certificate certifying that the building consent is taken to be a construction certificate that authorises the carrying out of the building works authorised by the consent.
The certificate issued by the Director-General may provide that the construction certificate is subject to all of the conditions to which the building consent was subject or to such of those conditions as are specified in the Director-General’s certificate.
The Director-General is not to issue a certificate under this clause unless—
(a) the Director-General is satisfied that any long service levy payable under section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such a levy is payable by instalments, the first instalment of the levy) has been paid, and
(b) the certificate identifies the classification, in accordance with the Building Code of Australia, of any building or proposed building the subject of the construction certificate concerned.
On the issue of the certificate by the Director-General, the building consent the subject of the certificate is taken to be a construction certificate that authorises the carrying out of the building works formerly authorised by the building consent, subject to the conditions imposed by the Director-General under subclause (3).
In this clause,
The Director-General may issue to the holder of an existing authority a certificate certifying that the authority is taken to be a Part 4A certificate that authorises the matters formerly authorised by the existing authority.
The Director-General must, in the certificate, specify the type of Part 4A certificate that the existing authority is taken to be (for example, a compliance certificate or an interim or final occupation certificate).
The certificate issued by the Director-General may provide that the Part 4A certificate is subject to all of the conditions to which the existing authority was subject or to such of those conditions as are specified in the Director-General’s certificate.
On the issue of the certificate by the Director-General, the existing authority the subject of the certificate is taken to be a Part 4A certificate of the type specified in the Director-General’s certificate that authorises the matters that were authorised by the existing authority, subject to the conditions imposed by the Director-General under subclause (4).
In any converted Part 5 approval—
(a) a requirement to obtain a consent or other approval to the carrying out of building works is taken to be a requirement to obtain a construction certificate authorising the carrying out of those building works, and
(b) a requirement to obtain an occupation certificate for a building, or any other certificate authorising the occupation of a building, is taken to be a requirement to obtain an occupation certificate (within the meaning of the Environmental Planning and Assessment Act 1979) in relation to that building.
In any converted Part 5 approval, or construction certificate referred to in clause 4(5)—
(a) a reference (however expressed) to the Director-General of National Parks and Wildlife, the National Parks and Wildlife Service or an officer of the National Parks and Wildlife Service being of the opinion or satisfied as to a matter is to be read as a reference to the Director-General of the Department of Planning being of the opinion or satisfied as to the matter, and
(b) a reference (however expressed) to something being done or required to be done to the satisfaction of the Director-General of National Parks and Wildlife, the National Parks and Wildlife Service or an officer of the National Parks and Wildlife Service is to be read as a reference to the thing being done or required to be done to the satisfaction of the Director-General of the Department of Planning.
For the purposes of the Act, the Minister—
(a) is taken to have been appointed as the principal certifier for development authorised by a converted Part 5 approval, and
(b) is the only certifier for all aspects of development authorised by a converted Part 5 approval.
Anything lodged in connection with an application for a Part 5 approval in respect of development within a ski resort area (being an application that was lodged before the commencement of this Schedule but not finally determined before that commencement) is, if an application for development consent is lodged for the same development for which the Part 5 approval was sought, taken to have been lodged in connection with the application for development consent.
Despite any other provision of this Regulation, no fee is required in connection with an application for development consent referred to in subclause (1).
The Director-General is to ensure that a public register is kept of all certificates issued under this Division.
The holder of a convertible Part 5 approval who requests, in writing, the Director-General to issue a certificate under clause 2, 4 or 5 in relation to the convertible Part 5 approval may appeal to the Minister against a decision of the Director-General to refuse to issue the certificate.
For the purposes of this clause, the Director-General is taken to have made a decision to refuse to issue a certificate under clause 2, 4 or 5 if the Director-General has not issued the certificate before the expiration of the period of 40 days after the day on which the request for the certificate was made to the Director-General (or such longer period as is agreed to in writing by the Director-General and the holder of the approval concerned).
The provisions of the Act are modified as set out in this clause in relation to a ski resort area.
Section 4.18(2) does not require notice to be given to a council of the determination of a development application relating to a ski resort area.
Section 6.6(2)(c) does not require a notification to be given to a council in respect of a development consent relating to a ski resort area.
A reference in section 6.6(2)(e) or 6.12(2)(c) and 4.58(1) to a council is to be read as a reference to the Minister.
Section 81A(4)(b)(ii) does not require notice to be given to a council where the development consent concerned relates to a ski resort area.
The reference in section 4.58(1) to a council is to be read as a reference to the Director-General.
The reference in section 4.58(2) to the office of the council is to be read as a reference to the office of the Department of Planning located at Jindabyne.
Section 6.31(3) does not require copies of notices to be sent to a council where the development concerned relates to a ski resort area.
A reference in section 118L(2)(a) to the council of the area in which the building is located is to be read as a reference to the Minister.
A reference in section 118L(3) to a council is to be read as a reference to the Director-General.
A reference in section 118L(3) to a person authorised by the council is to be read as a reference to a person authorised by the Director-General.
A reference in section 118L(4) to the council concerned is to be read as a reference to the Director-General.
A reference in section 118M to a council is to be read as a reference to the Director-General.
Section 9.34(1) is to be read as authorising only the Minister to make an order referred to in that subsection.
A reference in Schedule 5 (other than Parts 1, 2, and 3) to a council is to be read as a reference to the Minister.
Sections 121F, 121H(4), 121ZH and 121ZI do not apply within a ski resort area.
Section 121ZE does not apply to a notice or order that relates to a ski resort area.
A reference in section 121ZP(2) to a form determined by the council is to be read as a reference to a form approved by the Minister.
A reference in section 121ZP(2) to a fee determined by the council under the Local Government Act 1993 is to be read as a reference to a fee determined by the Minister.
A reference in Division 2A of Part 6 to an owner of premises, land or a building is, in relation to premises, land or a building within a ski resort area—
(a) if the premises, land or building are or is subject to a lease, licence or easement, to be read as a reference to the lessee, licensee or person who has the benefit of the easement, except as provided by paragraph (b), or
(b) if the reference relates to an order that can only be complied with by a person who is occupying premises, land or a building within a ski resort area, to be read as a reference to the occupier of the premises, land or building.
A reference in sections 6.22–6.26 and 8.25 (other than in the provisions referred to in subclause (22))—
(a) to a council is to be read as a reference to the Minister, and
(b) to an owner of land is, if the land is subject to a lease, licence or easement, to be read as a reference to the lessee, licensee or person who has the benefit of the easement.
Section 6.25(1)(a)(iii), (3)(b) and (4)(b) do not apply in respect of a building information certificate relating to land within a ski resort area.
The provisions of this Regulation are modified as set out in this clause in relation to a ski resort area.
Despite clause 49(1), a development application in relation to land within a ski resort area may be made by the lessee of the land.
Clause 49(3) does not apply to a development application relating to a ski resort area.
Clause 138(3) does not require a copy of a compliance certificate that relates to a ski resort area to be given to the council.
Clauses 142(2), 151(2) and 160(2) do not require notice of a determination relating to a ski resort area to be given to a council.
A reference in clauses 168(3)(d) and 169(1) to the council is to be read as a reference to the Minister.
Clause 169 does not require copies of a final fire safety certificate, relating to a ski resort area, to be given to the council.
A reference in clause 182—
(a) to the council is to be read as a reference to the Minister, and
(b) to the owner of a building is to be read as a reference to the lessee of the building.
Clause 264 is to be read as if the words preceding subclause (1)(a) were omitted and the following words inserted—
The Director-General is to maintain a register containing details of the following matters for each development application that is made in relation to a ski resort area
Clauses 265 and 267 do not apply in relation to a ski resort area.
A reference in clauses 266 and 268 to a council is to be read as a reference to the Director-General.
Clause 2(4)(d) of Schedule 1 does not apply to a statement of environmental effects required to accompany a development application relating to a ski resort area if the proposed development is advertised development.
A statement of environmental effects required by Schedule 1 to accompany a development application relating to a ski resort area must be prepared in accordance with guidelines issued under this clause if the proposed development is advertised development.
A person (
The Director-General is to issue guidelines to the proposed applicant specifying matters that must be addressed in the statement of environmental effects required to accompany the development application.
The guidelines are to be issued within 28 days after the written particulars are given under subclause (2), or within such further time as is agreed between the Director-General and the proposed applicant.
Before issuing guidelines under this clause, the Director-General is—
(a) to consult with the proposed applicant, and
(b) to request in writing the Director-General of National Parks and Wildlife, and such government agencies as the Director-General considers have an interest in the proposed development application, to provide the Director-General of the Department of Planning with their requirements in relation to the statement of environmental effects.
In preparing the guidelines, the Director-General is to consider—
(a) in particular, the response of the Director-General of National Parks and Wildlife, and
(b) all responses from government agencies referred to in subclause (5)(b),
if those responses are made during the period of 14 days after the request under subclause (5) is made.
Advertised development for the purposes of the ski resort areas is identified in clause 13 of State Environmental Planning Policy No 73—Kosciuszko Ski Resorts.
Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (2018-67). Enacted as Sch 13 to the Environmental Planning and Assessment Amendment Act 2017. Date of commencement, 1.3.2018, cl 2 and 2018 (64) LW 28.2.2018. This Regulation has been amended as follows—
No 60 | Environmental Planning and Assessment Amendment Act 2017. Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. | |
(66) | Environmental Planning and Assessment Amendment Regulation 2018. LW 28.2.2018. Date of commencement, 1.3.2018, cl 2. | |
(89) | Environmental Planning and Assessment Further Amendment Regulation 2018. LW 16.3.2018. Date of commencement, on publication on LW, cl 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 5.14, 14 days after assent, sec 2 (1). | |
(363) | Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2018. LW 29.6.2018. Date of commencement, on publication on LW, cl 2. | |
(500) | Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018. LW 31.8.2018. Date of commencement, 1.9.2018, cl 2. | |
No 66 | Planning Legislation Amendment (Greater Sydney Commission) Act 2018. Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. | |
(716) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Greater Sydney Commission) Regulation 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(756) | Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018. LW 21.12.2018. Date of commencement of Sch 2, on publication on LW, cl 2 (1). | |
(787) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment Regulation 2018. LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(121) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (State Significant Infrastructure) Regulation 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(187) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Building Code of Australia) Regulation 2019. LW 10.5.2019. Date of commencement, on publication on LW, cl 2. | |
(282) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Local Strategic Planning Statements) Regulation 2019. LW 28.6.2019. Date of commencement, on publication on LW, cl 2. | |
(426) | Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (426). LW 30.8.2019. Date of commencement of Sch 2[1] and [3], 1.12.2019, cl 2(1); date of commencement of Sch 2 [2], 1.9.2019, cl 2 (2). The amendment made by Sch 2[1] was without effect as the provision being amended was amended by the Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019. | |
(571) | Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019. LW 29.11.2019. Date of commencement, on publication on LW, cl 2. | |
(686) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Certification) Regulation 2020. LW 27.11.2020. Date of commencement, on publication on LW, cl 2. | |
(40) | Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2021. LW 12.2.2021. Date of commencement of Sch 2, on publication on LW, cl 2. | |
(689) | Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021. LW 26.11.2021. Date of commencement of Sch 4, on publication on LW, sec 2. | |
(759) | Environmental Planning and Assessment Regulation 2021. LW 17.12.2021. Date of commencement of Sch 10, 1.3.2022, sec 2(1). | |
(88) | Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Modifications) Regulation 2022. LW 18.3.2022. Date of commencement, on publication on LW, sec 2. | |
No 8 | Greater Cities Commission Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
(244) | Environmental Planning and Assessment Amendment (Moorebank Freight Intermodal Precinct) Regulation 2022. LW 27.5.2022. Date of commencement, on publication on LW, sec 2. | |
(702) | Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022. LW 25.11.2022. Date of commencement, on publication on LW, sec 2. | |
No 72 | Environmental Planning and Assessment Amendment (Certification) Act 2024. Assented to 23.10.2024. Date of commencement, assent, sec 2. |
Cl 4 | Am 2019 (571), Sch 3[1]. |
Cl 4A | Ins 2018 (66), Sch 1 [1]. Am 2018 (89), Sch 1 [1]. |
Cl 10A | Ins 2018 (66), Sch 1 [2]. |
Cl 11A | Ins 2018 (66), Sch 1 [3]. Am 2018 (500), Sch 3 [1]–[3]; 2019 (282), cl 3 (1) (2). |
Cl 11B | Ins 2018 (66), Sch 1 [3]. |
Cl 13 | Am 2018 (66), Sch 1 [4]. |
Cl 14 | Am 2018 (66), Sch 1 [5]. |
Cl 15 | Ins 2018 (66), Sch 1 [6]. |
Cl 16 | Ins 2018 (66), Sch 1 [6]. Am 2018 (500), Sch 3 [4]. |
Cl 17 | Ins 2018 (66), Sch 1 [6]. Am 2018 No 25, Sch 5.14 [1]. |
Cl 18 | Ins 2018 (66), Sch 1 [6]. Am 2018 (89), Sch 1 [2] [3]; 2018 (500), Sch 3 [5] [6]; 2018 (787), cl 3; 2019 (426), Sch 2 [2]; 2019 (571), Sch 3[2]. |
Cl 18A | Ins 2019 (426), Sch 2[3]. |
Cl 18B | Ins 2019 (426), Sch 2[3]. Am 2020 (686), cl 3(1); 2021 (689), Sch 4[1]; 2022 (702), Sch 2.3. Rep 2024 No 72, Sch 2.3. |
Cl 18BA | Ins 2019 (571), Sch 3[3]. Am 2020 (686), cl 3(1) (2); 2021 (689), Sch 4[1]; 2022 (702), Sch 2.3. Rep 2024 No 72, Sch 2.3. |
Cl 18C | Ins 2019 (426), Sch 2[3]. Am 2020 (686), cl 3(1); 2021 (689), Sch 4[1]; 2022 (702), Sch 2.3. Rep 2024 No 72, Sch 2.3. |
Cl 18D | Ins 2019 (426), Sch 2[3]. Am 2020 (686), cl 3(1). Rep 2021 (689), Sch 4[2]. |
Cl 19 | Ins 2018 (363), Sch 2 [1]. |
Cl 20 | Ins 2018 (500), Sch 3 [7]. |
Part 3 | Ins 2018 No 66, Sch 3.2 [1]. |
Cl 21 | Ins 2018 No 66, Sch 3.2 [1]. |
Cll 22, 23 | Ins 2018 (716), Sch 1 [1]. |
Part 4 (cl 24) | Ins 2018 (756), Sch 2. |
Part 5 (cl 25) | Ins 2019 (187), cl 3. |
Part 6 (cll 26–30) | Ins 2021 (40), Sch 2. |
Part 7 | Ins 2022 No 8, Sch 4.2. |
Cl 31 | Ins 2022 No 8, Sch 4.2. |
Cl 32 | Ins 2022 No 8, Sch 4.2. |
Cl 33 | Ins 2022 No 8, Sch 4.2. |
Cl 34 | Ins 2022 No 8, Sch 4.2. |
Cl 35 | Ins 2022 No 8, Sch 4.2. |
Sch 1 | Ins 2017 No 60, Sch 10.2 [6] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203). Am 2018 (66), Sch 1 [7]; 2018 (89), Sch 1 [4]; 2018 No 25, Sch 5.14 [2]. |
Sch 2 | Ins 2017 No 60, Sch 10.2 [7] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203). Am 2018 (66), Sch 1 [8]–[15]; 2018 (89), Sch 1 [5]; 2018 (363), Sch 2 [2]–[7]; 2019 (121), Sch 1; 2022 (88), sec 3; 2022 (244), Sch 2. |
Sch 3 | Ins 2017 No 60, Sch 10.2 [8] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203). |
Sch 4 | Ins 2018 (66), Sch 1 [16]. Am 2018 (66), Sch 2 [4] [7]–[11] [13] [21] (provisions transferred from the Environmental Planning and Assessment Regulation 2000); 2018 (500), Sch 2 [11] (provision transferred from the Environmental Planning and Assessment Regulation 2000), Sch 3 [8]; 2018 No 66, Sch 3.2 [2] [3]; 2018 (716), Sch 1 [2]. |
Sch 5 | Ins 2021 (759), Sch 10[1] (provisions transferred from the Environmental Planning and Assessment Regulation 2000). Am 2021 (759), Sch 10[2]. |
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