State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3) (1999-77) [GG No 22 of 19.2.1999, p 782] (NSW)

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1999 No 77

New South Wales

State Environmental Planning Policy No 38 - Olympic Games and Related Projects (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Environmental Planning and Assessment Act 1979, has been pleased to make the State Environmental Planning Policy set forth hereunder in accordance with the recommendation made by the Minister for Urban Affairs and Planning (P91/01064/002)

CRAIG KNOWLES MP

Minister for Urban Affairs and Planning

1

Name of Policy

This Policy may be cited as State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3).

2 Principal Policy

State Environmental Planning Policy No 38—Olympic Games and Related Projects is referred to in this Policy as the Principal Policy.

Published in Gazette No 22 of 19 February 1999, page 782

Page 1

Clause 3

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

3 Aims, objectives etc

This Policy aims to amend the Principal Policy:

(a)

to provide that development consent is not required, either under the Principal Policy or any other environmental planning instrument, for development in respect of an Olympic Games project, OCA project or test event that is of minimal environmental impact, and

(b)

by way of law revision.

4 Application of this Policy

This Policy applies to the land to which the Principal Policy applies.

5 Amendment of Principal Policy

The Principal Policy is amended as set out in Schedule 1.

1999 No 77

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 5)

[1] Clause 3 Definitions

Insert in alphabetical order:

Director of Planning

means the Director-General of the more of the following:

Department of Urban Affairs and Planning.

existing venue or facility means an Olympic Games

project or an OCA project for which development

consent has been granted under this Policy.

operational plan means a plan to manage the operation

of a venue or facility, a public road or a public place,

used for or in association with the Olympic Games or

(a)

the Olympic Co-ordination Authority,

(b)

SOCOG,

(c)

the Olympic Roads and Transport Authority,

(d)

any other relevant body associated with the conduct of the Olympic Games or Paralympic Games or test events.

test event means an event conducted at an Olympic Games venue or facility, being an existing venue or facility or a venue or facility that is provided for the conduct of Olympic Games and Paralympic Games sporting events (including a public road or a public place), before those Games are held in order to test the capacity and operational functions of the Olympic Games venue or facility to provide for those sporting events.

[2]        Clause 3

Insert “ o r the Paralympic Games” after “Olympiad” in the definition of Olympic Games Project.

[ 3 ]       Clause 3

Insert “or Paralympic Games” after “Olympic Games” in paragraph

(a) of the definition of Olympic Games project.

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Schedule 1

Amendments

[4]        Clause 11A

Insert after clause 1 1 :

11A Olympic Games projects that comprise exempt

development

( 1 )

Pursuant to section 76 (2) of the Act, development

specified in Schedule 1 is exempt development.

(2)

Exempt development under this Policy must not be carried out unless it is approved by the Olympic Co-ordination Authority as complying with the Building Code of Australia or, if that Code does not apply, any relevant Australian Standard.

[5]        Clause 14 Relationship to other environmental planning instruments

Insert at the end of clause 14:

(2)

Without limiting subclause ( l ) , this Policy prevails over:

(a)

State Environmental Planning Policy No 47— Moore Park Showground, and

(b)

State Environmental Planning Policy No 56— Sydney Harbour Foreshores and Tributaries,

to the extent of any inconsistency.

[6 ]        Schedule 1

Insert at the end of the Principal Policy:

Schedule 1

Olympic projects that comprise exempt development

(Clause 11A)

1.              Minor ancillary development that is of minimal environmental impact, and that is associated with the construction of an existing venue or facility, being any

one or more of the following and provided the minor ancillary development will be removed before 1 September 2000:

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Amendments

Schedule 1

temporary parking associated with construction

the site office for a project

security fencing

a sign that identifies such a project or gives directions for

deliveries and parking

a compound for the storage of materials or equipment

workers and visitors amenities

waste collection facilities

temporary catering facilities

temporary roads

any other similar development that in the opinion of the

Director-General of the Olympic Co-ordination

Authority is of minimal environmental impact.

2.              Change of use of a building or land for the purpose of an Olympic Games project, OCA project or test event until 31 March 2001 or such other date as is nominated by the Director-General of the Depart of Urban Affairs and Planning if in the

opinion of the Director-General of the Olympic Co-ordination Authority the change of use is of minimal environmental impact.

3.              Development that is of minimal environmental impact and that is part of the operation of existing venues or facilities, that is consistent with an operational plan, and that will be removed and the building or land either re-instated to its previous use and condition or to a better condition by 31 March 2001 (or such other date as is nominated by the Director-General of the Department of Urban Affairs and Planning), being any one or more of the following:

viewing structures and seating

toilets

waste collection facilities

1999 No 77

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Schedule 1

Amendments

fences, barricades and other facilities for crowd control

and security

buildings (including extensions to existing buildings), tents and caravans that provide facilities for athletes, spectators, VIPs, staff, officials and other management, emergency services, the media, sponsors, security services. and for suppliers of information, food, beverages, and retail goods

roadworks

telecommunications facilities and infrastructure works

lighting

public entertainment

landscaping, signs, banners, bunting, flagpoles

catering facilities

equipment storage compounds or buildings

temporary pedestrian bridges, and the temporary

removal of existing pedestrian bridges

Olympic-related sponsor advertising in accordance with a signage and advertising strategy adopted by the Director-General of the Olympic Co-ordination Authority

car and bus parking areas

works to improve pedestrian

and vehicular

access,

separation or safety, including

temporary road

bridges

and underpasses

any other similar development that in the opinion of the

Director-General of the Olympic Co-ordination

Authority is of minimal environmental impact.

Development for the purpose of an Olympic Games project, OCA project or test event that is of minimal environmental impact and that is located outside existing venues or facilities, that is consistent with an operational plan, and that will be carried out on or

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Amendments

Schedule 1

after 1 July 1999 (or such other date as is nominated

by the Director-General of the Olympic

Co-ordinating Authority) and that will be removed

and the building or land either re-instated to its

previous use and condition or to a better condition by

31 December 2000 (of such other date as is

nominated by the Director-General of the

Department of Urban Affairs and Planning), being

any one or more of the following:

the use of any public road or public place

viewing structures and seating

toilets

waste collection facilities

fences, barricades and other facilities for crowd control

and security

buildings (including extensions to existing buildings),

tents and caravans that provide facilities for athletes,

spectators, VIPs, staff, officials and other management,

emergency services, the media, sponsors, security

services, and for suppliers of information, food,

beverages, and retail goods

roadworks

telecommunications facilities and infrastructure works

lighting

small scale street entertainment, such as buskers

landscaping, signs, banners, bunting, flagpoles

catering facilities

equipment storage compounds or buildings

temporary pedestrian bridges, and the temporary

removal of existing pedestrian bridges

car and bus parking areas

works to improve pedestrian and vehicular access,

separation or safety, including temporary road bridges

State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 3)

Schedule 1

Amendments

any other similar development that in the opinion of the Director-General of the Olympic Co-ordination Authority is of minimal environmental impact.

5.              Minor development, generally involving:

(a)

the stockpiling or movement of fill material

within a development site provided it does not predetermine the footprint or form of any other proposed development and the fill is not contaminated,

(b)

building alterations of a permanent nature

provided:

(i)

the owner of the building has given approval, and

(ii)

the building is not enlarged, and

(iii)

if the building is identified in an

environmental planning instrument as a heritage item or is on land comprising or within a heritage item so identified or an area so identified as a heritage conservation area, the alterations do not affect the heritage significance of the building,

(c)

access ramps for the disabled, bus shelters, park and street furniture, playground equipment, cycle and pedestrian paths, signs, fences and walls that are consistent with the

Olympic Co-ordination Authority’s strategies and

codes.

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