Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 (NSW)

An Act to amend the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 so as to transfer provisions relating to certain local government functions from the one to the other; to make consequential amendments to other Acts; and for other purposes.

1Name of Act

This Act is the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(2)

Schedule 3.3, and section 5 in its application to that item, commence on the date of assent to this Act.

3Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

4Amendment of Environmental Planning and Assessment Act 1979 No 203

The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 2.

5

(Repealed)

Schedule 1Amendment of Local Government Act 1993

(Section 3)

[1]–[3]

(Repealed)

[4]Section 68 What activities, generally, require the approval of the council?

Omit items 2 and 3 from Part A, and item 4 from Part F, of the Table to the section.

[5]–[16]

(Repealed)

Schedule 2Amendment of Environmental Planning and Assessment Act 1979

(Section 4)

[1]

(Repealed)

[2]Section 4 (2) (b) (v)

Omit “and”. Insert instead “or”.

[3]Section 4 (2) (b) (vi)

Insert after section 4 (2) (b) (v):

(vi)

the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance), and

[4]

(Repealed)

[5]Section 78A (3)

Omit “paragraph 1–5 or 10 of Part F”.

Insert instead “paragraph 1–3, 5 or 10 of Part F”.

[6]

(Repealed)

[7]–[10A]

(Repealed)

[10B]Section 157 (1) (d3)

Insert after section 157 (1) (d2) (as inserted by item [10A]):

(d3)

domestic oil or solid fuel heating appliances (other than portable appliances), or

[11]–[15]

(Repealed)

Schedule 3

(Repealed)