State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) (2006-495) [GG No 109 of 30.8.2006, p 6791] (NSW)
2006 No 495
| New South Wales |
State Environmental Planning Policy
(Major Projects) 2005 (Amendment
No 7)
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 in accordance with the recommendation made by the Minister for Planning.
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 109 of 30 August 2006, page 6791 | Page 1 |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment |
| Clause 1 | No 7) |
State Environmental Planning Policy (Major Projects)
2005 (Amendment No 7)
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Major Projects)
2005 (Amendment No 7).
2 Aims of Policy
The aims of this Policy are:
| (a) | to provide for the redevelopment of the Redfern–Waterloo area in a manner consistent with the objects of the Redfern–Waterloo Authority Act 2004, and |
| (b) | to increase building density around the Redfern town centre, and |
| (c) | to provide for a diversity of land uses and to achieve a sustainable, vibrant and safe community, and |
| (d) | to encourage the revitalisation of the Redfern–Waterloo area by enhancing employment opportunities in the area, and |
| (e) | to provide for development controls in relation to the land to which this Policy applies, whether the development is carried out under an approval under Part 3A of the Environmental Planning and Assessment Act 1979 or a development consent under Part 4 of that Act, and |
| (f) | to implement the Redfern–Waterloo Plan prepared under the Redfern–Waterloo Authority Act 2004. |
3 Land to which Policy applies
This Policy applies to land shown edged heavy black on Map 3 to Schedule 3 to State Environmental Planning Policy (Major Projects) 2005 (to be inserted by Schedule 1 [6] to this Policy).
4 Amendment of State Environmental Planning Policy (Major Projects) 2005
State Environmental Planning Policy (Major Projects) 2005 is amended as set out in Schedule 1.
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 9A Development for which Minister consent authority under Part 4
Omit clause 9A (2).
[2] Clause 16
Insert after clause 15:
|
Despite clause 6 (3), the amendments made to this Policy by State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) extend to project applications under Part 3A of the Act, and development applications under Part 4 of the Act, made but not finally determined before the commencement of those amendments.
[3] Schedule 2 Part 3A projects—specified sites
Omit clause 13 of the Schedule.
[4] Schedule 2
Omit Map 16.
[5] Schedule 3 State significant sites
Insert at the end of the Schedule (before the maps):
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1 Land to which Part applies
This Part applies to the area identified on Map 3 to this Schedule referred to in this Schedule as the Redfern–Waterloo Authority Sites.
2 Interpretation
A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part.
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
3 Relationship with other environmental planning instruments
All other environmental planning instruments do not apply to the Redfern–Waterloo Authority Sites, except for other State environmental planning policies.
4 Maps
|
| (a) | approved by the Minister when the map is adopted, and |
| (b) | as amended from time to time by maps declared by environmental planning instruments to amend that map, and approved by the Minister when the instruments are made. |
| (2) | Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. |
| Division 2 | Part 3A projects |
5 Part 3A projects
Development (with a capital investment value of more than $5 million) on land within the Redfern–Waterloo Authority Sites, but not including development for the purposes of public utility undertakings to which clause 19 (1) applies.
Note. Clause 2 of Part 1 of Schedule 6 provides that the Minister is the consent authority for all development on the Redfern–Waterloo Authority Sites that is development to which Part 4 of the Act applies.
| Division 3 | Provisions relating to development of Redfern–Waterloo Authority Sites |
6 Development to which Division applies
The provisions of this Division apply with respect to development on land within the Redfern–Waterloo Authority Sites and so apply whether or not the development is a project to which Part 3A of the Act applies.
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
7 Land use zones
(1) For the purposes of this Policy, land within the Redfern–Waterloo Authority Sites is within a zone specified below if the land is shown on the map marked “Redfern–Waterloo Authority Sites Zoning Map” as being within that zone:
| (a) | Business Zone—Business Park |
| (b) | Business Zone—Commercial Core |
| (c) | Business Zone—Mixed Use |
| (d) | Business Zone—Local Centre |
| (e) | Recreation Zone—Public Recreation |
| (f) | Recreation Zone—Private Recreation |
| (g) | Residential Zone—Medium Density Residential |
| (h) | Special Purpose Zone—Infrastructure |
(i) Special Purpose Zone—Community
| (2) | The consent authority must take into consideration each of the objectives for development in a zone when determining a development application in respect of land within the zone. |
8 Business Zone—Business Park
|
| (a) | to establish business and technology parks to encourage employment generating activities that provide for a wide range of business, technology, educational and entertainment facilities in the Zone, |
| (b) | to support development that is related or ancillary to business, technology or education, |
| (c) | to support development for retail uses that primarily serve the needs of the working population in the Zone and the local community, |
| (d) | to ensure the vitality and safety of the community and public domain, |
| (e) | to ensure buildings achieve design excellence, |
| (f) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
| (2) | Development for any of the following purposes is prohibited on land within the Business Zone—Business Park: boarding houses; bulky goods premises; depots; dual occupancies; dwelling houses; group homes; hazardous industries; hazardous storage establishments; heavy industries; offensive industries; residential accommodation; restricted premises; sex services premises. |
| (3) | Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone— Business Park unless it is prohibited by subclause (2). |
9 Business Zone—Commercial Core
|
| (a) | to facilitate the development of a town centre, |
| (b) | to encourage employment generating activities by providing a wide range of retail, business, office, community and entertainment facilities, |
| (c) | to permit residential development that is compatible with non-residential development, |
| (d) | to maximise public transport patronage and encourage walking and cycling, |
| (e) | to ensure the vitality and safety of the community and public domain, |
| (f) | to ensure buildings achieve design excellence, |
| (g) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes is prohibited on land within the Business Zone—Commercial Core: bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouses or distribution centres. |
| (3) | Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone— Commercial Core unless it is prohibited by subclause (2). |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
10 Business Zone—Mixed Use
|
| (a) | to support the development of sustainable communities with a mix of employment, educational, cultural and residential opportunities, |
| (b) | to encourage employment generating activities by providing a range of office, business, educational, cultural and community activities in the Zone, |
| (c) | to permit residential development that is compatible with non-residential development, |
| (d) | to maximise public transport patronage and encourage walking and cycling, |
| (e) | to ensure the vitality and safety of the community and public domain, |
| (f) | to ensure buildings achieve design excellence, |
| (g) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes is prohibited on land within the Business Zone—Mixed Use: bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops. |
| (3) | Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone— Mixed Use unless it is prohibited by subclause (2). |
11 Business Zone—Local Centre
|
| (a) | to facilitate the development of a local centre, |
| (b) | to provide a range of retail, business, educational, health and community facilities in the Zone to serve the local community, |
| (c) | to permit residential development that is compatible with non-residential development, |
| (d) | to maximise public transport patronage and encourage walking and cycling, |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
| (e) | to ensure the vitality and safety of the community and public domain, |
| (f) | to ensure buildings achieve design excellence, |
| (g) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes is prohibited on land within the Business Zone—Local Centre: depots; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouse or distribution centres. |
| (3) | Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Local Centre unless it is prohibited by subclause (2). |
12 Recreation Zone—Public Recreation
|
| (a) | to enable land to be used for public open space or recreational purposes, |
| (b) | to enable development for the enjoyment of the community, |
| (c) | to ensure the vitality and safety of the community and public domain, |
| (d) | to enhance and protect the natural environment for recreational purposes, |
| (e) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes may be carried out on land within the Recreation Zone—Public Recreation only with consent: |
| car parks; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (outdoor). | |
| (3) | Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Public Recreation unless it may be carried out under subclause (2). |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
13 Recreation Zone—Private Recreation
|
| (a) | to enable land to be used for private open space or recreational purposes, |
| (b) | to enable a range of recreational and community activities and compatible land uses, |
| (c) | to ensure the vitality and safety of the community and public domain, |
| (d) | to enhance and protect the natural environment for recreational purposes, |
| (e) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes may be carried out on land within the Recreation Zone—Private Recreation only with consent: |
| car parks; community facilities; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor). | |
| (3) | Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Private Recreation unless it may be carried out under subclause (2). |
14 Residential Zone—Medium Density Residential
|
| (a) | to provide for a range and variety of housing types in the Zone, |
| (b) | to allow for other types of development to provide facilities or services to meet the day to day needs of residents in the local area, |
| (c) | to enable other development that is compatible with housing, |
| (d) | to ensure the vitality and safety of the community and public domain, |
| (e) | to ensure that buildings achieve design excellence, |
| (f) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
| (2) | Development for any of the following purposes may be carried out on land within the Residential Zone—Medium Density Residential only with development consent: |
| boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; group homes; health consulting rooms; home industries; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; seniors housing; shop top housing; telecommunications facilities; temporary structures. | |
| (3) | Except as otherwise provided by this Policy, development is prohibited on land within the Residential Zone—Medium Density Residential unless it may be carried out under subclause (2). |
15 Special Purpose Zone—Infrastructure
|
| (a) | to provide for railway infrastructure and related facilities, |
| (b) | to prevent development in the Zone that is not compatible with or may detract from the provision of railway infrastructure and related facilities, |
| (c) | to ensure the vitality and safety of the community and public domain, |
| (d) | to ensure that buildings achieve design excellence, |
| (e) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Infrastructure only with consent: | |||||
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| (3) | Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone— Infrastructure unless it may be carried out under subclause (2). |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
16 Special Purpose Zone—Community
|
| (a) | to enable land to be used for community purposes, |
| (b) | to enable development to be carried out for the social, educational and recreational needs of the community, |
| (c) | to support development that is related or ancillary to community, recreational or educational use of the land in the Zone, |
| (d) | to ensure the vitality and safety of the community and public domain, |
| (e) | to ensure that buildings achieve design excellence, |
| (f) | to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area. |
| (2) | Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Community only with development consent: |
| advertisements; advertising structures; boarding houses; car parks; child care centres; community facilities; educational establishments; entertainment facilities; function centres; hostels; information and educational facilities; kiosks; medical centres; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); registered clubs; restaurants; telecommunications facilities; temporary structures; tourist and visitor accommodation related or ancillary to community facilities, educational establishments, recreation facilities (indoor) or recreation facilities (outdoor). | |
| (3) | Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone— Community unless it may be carried out under subclause (2). |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
17 Exempt development
The following development is exempt development if it is carried out on land within the Redfern–Waterloo Authority Sites, is of minimal environmental impact and complies with the criteria set out in the guidelines prepared by the Redfern–Waterloo Authority (and approved by the Minister and made publicly available) for the purposes of this clause:
| (a) | the temporary use of the land for community events that are open to the general public, including public gatherings, ceremonies, sporting events or outdoor exhibitions, |
| (b) | the erection and use of temporary structures, having minimal visual impact, for the purposes of, or in connection with, any such community event, |
| (c) | the erection and use of outdoor seating, tables and similar furniture located in the public domain and associated with cafes, restaurants, bars and other similar development, |
| (d) | the erection and use of public furniture, planter boxes, lighting, bus shelters, public telephone booths or post boxes, or the carrying out of street planting, footpath widening and related road works, undertaken by a public authority, |
| (e) | the erection and use of public furniture and the carrying out of landscaping associated with existing public recreation areas, such as the erection of shade structures, tables, seats, children’s play equipment, barbecues and toilets, |
| (f) | development for the purposes of real estate signs, |
| (g) | the erection of a flagpole, if the maximum height of the flagpole is not more than 6 metres above existing ground level, |
| (h) | erection of a side or rear boundary fence located behind the front wall of a building, if the fence does not exceed 1.8 metres in height and is not of masonry construction, |
(i) the use of premises for a home business.
18 Unzoned land
(1) This clause applies to land within the Redfern–Waterloo Authority sites that is not within a zone specified in clause 7.
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| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
| (3) | Development for the purposes of public utility undertakings to which clause 19 (1) applies may be carried out on land to which this clause applies without development consent. |
| (4) | Development referred to in clause 30 may be carried out on land to which this clause applies with development consent. |
19 Public utility undertakings excepted
|
Note. As a consequence of the removal of the requirement for development consent under Part 4 of the Act, development for the purposes of public utility undertakings is subject to the environmental assessment and approval requirements of Part 5 of the Act or, if it is applicable, Part 3A of the Act.
20 Subdivision—consent requirements
|
| (a) | widening a public road, |
| (b) | making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots, |
| (c) | a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings, |
| (d) | a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, |
| (e) | rectifying an encroachment on a lot, |
| (f) | creating a public reserve, |
| (g) | excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences. |
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
| (3) | Despite subclause (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except: | |||
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21 Height and floor space ratio restrictions
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22 Design excellence
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| (a) | whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved, |
| (b) | whether the form and external appearance of the building will improve the quality and amenity of the public domain, |
| (c) | whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency, |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
| (d) | if a competition is held as referred to in subclause (3) in relation to the development, the results of the competition. |
| (3) | The consent authority may require a design competition for any development over 12 storeys consistent with guidelines issued by the Redfern–Waterloo Authority and approved by the Minister. |
| (4) | The Redfern–Waterloo Authority may draft a guideline to be approved by the Minister detailing what matters are to be addressed for design excellence and for the conduct of design competitions. |
23 Car parks
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24 Suspension of covenants, agreements and instruments
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| Division 4 | Additional provisions for the Redfern–Waterloo Authority Sites not applying to Part 3A projects |
25 Development to which Division applies
The provisions of this Division do not apply with respect to development on land within the Redfern–Waterloo Authority Sites that is a project to which Part 3A of the Act applies.
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
26 Notification of advertised development
Subject to the Act and the regulations, notice of a development application for consent to carry out development on land within the Redfern–Waterloo Authority Sites is to be given in accordance with the provisions of any applicable development control plan.
27 Heritage conservation
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| (a) | demolish, dismantle, move or alter the building, work, relic, tree or place, or |
| (b) | damage or remove the relic, or |
| (c) | excavate land for the purpose of discovering, exposing or moving the relic, or |
| (d) | damage or despoil the tree or place, or |
| (e) | erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or |
| (f) | damage any tree or land on which the building, work or relic is situated on or on the land which comprises the place, or |
| (g) | make structural changes to the interior of the building or work, |
except with the consent of the consent authority.
| (2) | However, consent under this clause is not required if the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: | |||
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| (3) | In this clause, heritage item means a building, work, relic, tree or place that is indicated as a heritage item on the Redfern–Waterloo Authority Sites Heritage Map. |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
28 Preservation of trees or vegetation
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Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
| (3) | A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: | |||
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| (4) | The refusal by the consent authority to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the consent authority to grant consent for the carrying out of the activity for which a permit was sought. | |||
| (5) | This clause does not apply to a tree or other vegetation that the consent authority is satisfied is dying or dead and is not required as the habitat of native fauna. | |||
| (6) | This clause does not apply to a tree or other vegetation that the consent authority is satisfied is a risk to human life or property. | |||
| (7) | A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item (within the meaning of clause 27). | |||
| Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 27 will be applicable to any such consent. | ||||
| (8) | This clause does not apply to or in respect of: | |||
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| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
| (b) | the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or |
| (c) | trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or |
| (d) | action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or |
| (e) | plants declared to be noxious weeds under the Noxious Weeds Act 1993. |
29 Community use of educational establishments
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30 Temporary use of land
The consent authority may grant consent to the carrying out, on land within the Redfern–Waterloo Authority Sites, of development (other than designated development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2006 No 495 |
| No 7) |
| Amendments | Schedule 1 |
[6] Schedule 3, Map
Insert at the end of the Schedule:
Map 3—Schedule 3—Redfern–Waterloo Authority Sites
| 2006 No 495 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 7) |
| Schedule 1 | Amendments |
[7] Schedule 6 Minister consent authority for Part 4 development
| Omit “Map 16 to Schedule 2” from clause 2 of Part 1 of the Schedule. Insert instead “Map 3 to Schedule 3”. |
[8] Schedule 6, clause 2
Insert at the end of the clause:
Note. Development controls in relation to the Redfern–Waterloo Authority Sites for development under Part 4 of the Act are contained in Part 3 of Schedule 3.
BY AUTHORITY
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