State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 6) (2000-111) [GG No 37 of 17.3.2000, p 2038] (NSW)
2000 No 111
State Environmental Planning PolicyNew South Wales
No 38—Olympic Games and Related
Projects (Amendment No 6)
under the
Environmental Planning and Assessment Act 1979
His 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 Urban Affairs and Planning.
ANDREW REFSHAUGE MP
Minister for Urban Affairs and Planning
Sydney, 15 March 2000
| Published in Gazette No 37 of 17 March 2000, page 2038 | Page 1 |
| [8] | |
| 2000 No 111 |
| Clause 1 | State Environmental Planning Policy No 38—Olympic Games and Related Projects (Amendment No 6) |
State Environmental Planning Policy
No 38—Olympic Games and Related Projects
(Amendment No 6)
1 Name of Policy
This Policy is State Environmental Planning Policy No 38—Olympic
Games and Related Projects (Amendment No 6).
2 Principal Policy
State Environmental Planning Policy No 38—Olympic Games and
Related Projects is referred to in this Policy as the Principal Policy.
3 Aims
This Policy aims to amend the Principal Policy so as to provide controls on large forms of advertising in the period leading up to, and during, the Olympic Games.
4 Where Policy applies
This Policy applies to all land in New South Wales.
5 Relationship to other environmental planning instruments
This Policy:
| (a) | amends the Principal Policy in the manner set out in Schedule 1, and |
| (b) | excludes certain development from the operation of State Environmental Planning Policy No 1—Development Standards. |
2000 No 111
State Environmental Planning Policy No 38—Olympic Games and Related
Projects (Amendment No 6)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 5)
[1] Clause 3 Definitions
Insert in alphabetical order:
advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure means a structure used or to be used
principally for the display of an advertisement.
Australia Centre means the Australia Centre shown on the
map marked “SEPP 38 (Amendment No 6)—Australia
Centre”, a copy of which is deposited in the offices of the
Department.
Darling Harbour Development Area means the Development
Area within the meaning of the Darling Harbour Authority Act
1984.
Olympic advertising means development that comprises:
| (a) | the display of an advertisement, or |
| (b) | the erection of an advertising structure, |
in accordance with such guidelines for Olympic related signage as are established for the time being by the Director-General of the Olympic Co-ordination Authority for the purposes of this Policy.
Olympic sporting route means an Olympic sporting route shown on the map marked “SEPP 38 (Amendment No 6)—Olympic Sporting Routes”, a copy of which is deposited in the offices of the Department.
Olympic sporting venue means an Olympic sporting venue shown on the map marked “SEPP 38 (Amendment No 6)—Olympic Sporting Venues”, a copy of which is deposited in the offices of the Department.
2000 No 111
State Environmental Planning Policy No 38—Olympic Games and Related
Projects (Amendment No 6)
| Schedule 1 | Amendments |
Olympic transport route means any road that is marked as an Olympic Primary Route, Homebush Bay Regional Bus Route or Spectator Shuttle Route on the map prepared by the Olympic Roads and Traffic Authority, marked “Olympic Routes, Road routes for the Sydney 2000 Olympic Games” and dated June 1999, a copy of which is deposited in the offices of the Department.
Olympics Live advertising control area means an Olympics Live advertising control area shown on the map marked “SEPP 38 (Amendment No 6)—Olympics Live Advertising
Control Areas”, a copy of which is deposited in the offices of Sydney and Middle Harbours (including the bays and inlets around Sydney and Middle Harbours) as lie east of a line between Longnose Point and Manns Point and west of a line between North Head and South Head, but does not include any waters of Middle Harbour that lie upstream of the Spit Bridge.
the Department.
[2] Clause 3, definition of “Olympic Games project”
Insert after paragraph (a):
| (a1) | Olympic advertising, and |
[3] Clause 11A Olympic Games projects and OCA projects that comprise exempt development
Omit “Exempt development under this Policy” from clause 11A (2). subclause (1)”.
[4] Clause 11C
Insert after clause 11B:
|
| (1) | This clause applies to the following land: | |
|
2000 No 111
State Environmental Planning Policy No 38—Olympic Games and Related
Projects (Amendment No 6)
| Amendments | Schedule 1 |
| (b) | the Darling Harbour Development Area, and land within 500 metres of the Darling Harbour Development Area, |
| (c) | an Olympic sporting venue, and land within 500 metres of an Olympic sporting venue, |
| (d) | an Olympic sporting route, and land within 500 metres of an Olympic sporting route, |
| (e) | an Olympic transport route, and land within 500 metres of an Olympic transport route, |
| (f) | an Olympics Live advertising control area, and land within 50 metres of an Olympics Live advertising control area, |
| (g) | Sydney and Middle Harbours. |
| (2) | The following development is prohibited on land to which this clause applies: | |
|
(i) a single advertisement that has an area of more than 5 square metres, or
(ii) a series of related advertisements that together have an area of more than 5 square metres,
| (b) | the erection of: | |||
|
| (3) | This clause does not apply to the following development: | |||
|
2000 No 111
State Environmental Planning Policy No 38—Olympic Games and Related
Projects (Amendment No 6)
| Schedule 1 | Amendments |
| (c) | the display of not more than one advertisement on a building that is within, or forms part of, the Australia Centre for the sole purpose of identifying the building or its occupants, and the erection of not more than one advertising structure for the sole purpose of displaying such an advertisement, |
| (d) | the display of one or more advertisements on a vehicle or vessel (otherwise than in circumstances in which the display of advertisements is the dominant purpose for which the vehicle or vessel is being used), |
| (e) | the display of one or more advertisements by means of laser or other light projection equipment, |
| (f) | the replacement of one or more advertisements by one or more new advertisements, where each of the new advertisements is no larger in area than the advertisement it replaces. |
| (4) | Subclause (3) (e) ceases to have effect on 1 September 2000. |
| (5) | This clause does not apply to development that is the subject of a development application, or an application for a complying development certificate, that has been made but not finally determined before the commencement of this clause. |
(6) State Environmental Planning Policy No 1—Development Standards does not apply to the display of an advertisement, or the erection of an advertising structure, on land to which this clause applies.
| (7) | This clause ceases to have effect on 31 October 2000. |
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