State Environmental Planning Policy (Major Development) Amendment (Joint Regional Planning Panels and Consent Functions) 2010 (2010-193) LW 18 May 2010 (NSW)

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2010 No 193

New South Wales

State Environmental Planning Policy

(Major Development) Amendment

(Joint Regional Planning Panels and

Consent Functions) 2010

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979. (S09/0198/PC-1)

TONY KELLY, MLC Minister for Planning

Published LW 18 May 2010

Page 1

2010 No 193

State Environmental Planning Policy (Major Development) Amendment

Clause 1

(Joint Regional Planning Panels and Consent Functions) 2010

State Environmental Planning Policy (Major

Development) Amendment (Joint Regional Planning

Panels and Consent Functions) 2010

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Development) Amendment (Joint Regional Planning Panels and Consent Functions) 2010.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Major Development) Amendment

2010 No 193

(Joint Regional Planning Panels and Consent Functions) 2010

Amendment of State Environmental Planning Policy (Major Development)

Schedule 1

2005

Schedule 1

Amendment of State Environmental

Planning Policy (Major Development)

2005

[1]      Clause 13C Coastal development to which Part applies

Omit clause 13C (c). Insert instead:

(c)

subdivision of land into more than 5 lots but not more than 100 lots, if more than 5 of the lots will not be connected to an approved sewage treatment work or system,

[2]      Clause 13F Council consent functions to be exercised by regional panels

Omit “(1A) and” from clause 13F (1) (b).

[3]      Clause 13F (2) (i) and (j)

Insert after clause 13F (2) (h):

(i)      the functions conferred by section 96 (1A) of the Act,

(j)

the functions conferred by section 96AA of the Act, if the original development application was not determined by a regional panel.

[4]      Clause 13G Staged development functions

Insert “or (2)” after “clause 13B (1) (a)–(d)” in clause 13G (1) (a).

[5]      Schedule 2 Part 3A projects—specified sites

Omit clause 1 (a). Insert instead:

(a)

subdivision of land into more than 100 lots, if more than 100 lots will not be connected to an approved sewage treatment work or system,

[6]      Schedule 8 Exempt development

Omit the definition of the public domain from clause 1 (2) of Part 3.

Insert instead:

the public domain means:

(a)

the public domain within the meaning of the Sydney Harbour Foreshore Authority Act 1998, and

(b)

Lots 1 and 3, DP 876516.

2010 No 193

State Environmental Planning Policy (Major Development) Amendment

(Joint Regional Planning Panels and Consent Functions) 2010

Schedule 1

Amendment of State Environmental Planning Policy (Major Development)

2005

[7]      Schedule 8, Part 3, clause 2 (b)

Omit the paragraph. Insert instead:

(b)

if the use is a community or commercial event:

(i)

the period of the use must be for not more than 10 consecutive days, from the start of set-up to the completion of clean-up for the use, and

(ii)

a location must not be used for more than 90 days, inclusive of set-up and clean-up time, in any calendar year,

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