State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply (Amendment No 1) (2000-148) [GG No 42 of 31.3.2000, p 2721] (NSW)
2000 No 148
| State Environmental Planning Policy | New South Wales |
No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
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, 29 March 2000
| Published in Gazette No 42 of 31 March 2000, page 2721 | Page 1 |
| [12] | |
| 2000 No 148 |
| Clause 1 | State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply (Amendment No 1) |
1 Name of Policy
This Policy is State Environmental Planning Policy No
58—Protecting Sydney’s Water Supply (Amendment No 1).
2 Principal Policy
In this Policy, State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply is referred to as the Principal Policy.
3 Aims of Policy
This Policy aims to amend the Principal Policy:
| (a) | to transfer the functions of the Director-General of the Department of Urban Affairs and Planning in relation to: | |||
| ||||
| to the Chief Executive of the Sydney Catchment Authority, and | ||||
| (b) | to enable development consisting of emergency work or routine maintenance in relation to Sydney Water Corporation Limiteds works to be carried out under State Environmental Planning Policy No 4—Development Without Consent without the necessity for development consent, and | |||
| (c) | to make it clear that a purpose of the requirement for the notification of certain development applications is to enable an adequate assessment to be made of the probable effects of the developments on water quality, and | |||
| (d) | to make minor amendments as to the application of the Principal Policy, and | |||
| (e) | by way of law revision. |
4 Land to which Policy applies
This Policy applies to land to which the Principal Policy, as amended by this Policy, applies.
2000 No 148
| State Environmental Planning Policy No 58—Protecting Sydney’s Water | Clause 5 |
| Supply (Amendment No 1) |
5 Amendment of Principal Policy
The Principal Policy is amended as set out in Schedule 1.
6 Amendment of SEPP 60—Exempt and Complying Development
State Environmental Planning Policy No 60—Exempt and
Complying Development is amended as set out in Schedule 2.
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Schedule 1 | Amendment of Principal Policy |
| Schedule 1 | Amendment of Principal Policy |
(Clause 5)
[1] Clause 3 Aims of Policy
Omit “, pending the commencement of the Sydney Water Catchment Management Act 1998, a concurrence or notification role for the Director-General of the Department of Urban Affairs and Planning” from clause 3 (b).
Insert instead “a concurrence or notification role for the Chief Executive of the Sydney Catchment Authority”.
[2] Clause 4 Definitions
| Omit the definition of Director-General from clause 4 (1). Insert instead: |
Chief Executive means the Chief Executive of the Sydney
Catchment Authority.
[3] Clause 4 (1), definition of “special area”
Omit the definition. Insert instead:
special area means an area of land declared for the time being under the Sydney Water Catchment Management Act 1998 to be a special area.
[4] Clause 4 (1), definition of “the maps”
| Insert “in the office of the Sydney Catchment Authority and” after “deposited” where secondly occurring. |
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Amendment of Principal Policy | Schedule 1 |
[5] Clause 4 (1), definition of “the maps”
Insert after “applies”:
, as amended by the maps marked as follows and so
deposited:
State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply (Amendment No 1)
[6] Clause 6 Relationship to other environmental planning instruments
Insert after clause 6 (1):
(1A) Nothing in this Policy affects clause 11E of State Environmental Planning Policy No 4—Development Without Consent and, for the purposes of this Policy, the reference in that clause to Sydney Water Corporation Limited is taken to include a reference to the Sydney Catchment Authority.
(1B) Part 3 (Complying development) of State Environmental Planning Policy No 60—Exempt and Complying Development does not apply to unsewered land to which this Policy applies.
[7] Clauses 6 (2) and 10, the headings to clauses 11 and 12, clauses 11 (2), (3) and (4) and 12 (3) (except clause 12 (3) (a))
| Omit “Director-General” wherever occurring. Insert instead “Chief Executive”. |
[8] Clause 6 (2)
| Omit from the matter relating to Mulwaree Local Environmental Plan 1995 the matter “clauses 36 and 39”. Insert instead “clauses 12 (7), 13 (4), 36 and 39”. |
[9] Clause 6 (2)
| Omit from the matter relating to Tallaganda Local Environmental Plan 1991 the matter “clause 43 (1)”. Insert instead “clauses 13 (4), 14 (4), 15 (4) and 43 (1)”. |
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Schedule 1 | Amendment of Principal Policy |
[10] Clause 7 Suspension of laws
Omit the clause.
[11] Clause 12 Notification of Chief Executive
| clause 12 (2). |
Omit “notify the Director-General of the receipt of the application” from application and information as to the probable effect of the development on water quality”.
[12] Clause 12 (2A)
Insert after clause 12 (2):
| (2A) | The Chief Executive may require the consent authority to provide additional information if the information provided under subclause (2) is not sufficient to enable an adequate assessment to be made of the probable effect of the development on water quality. |
[13] Clause 12 (3) (a)
Omit “notified the Director-General of the receipt of the application”. Insert instead “provided the Chief Executive with information that is sufficient to enable an adequate assessment to be made of the probable effect of the development on water quality”.
[14] Clause 12A
Insert after clause 12:
|
A consent authority is to forward a copy of a development consent granted for development to which clause 11 or 12 applies to the Chief Executive within 10 days after the consent is granted.
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Amendment of Principal Policy | Schedule 1 |
[15] Part 3, heading
Omit “provision”. Insert instead “provisions”.
[16] Clauses 15 and 16
Insert after clause 14:
15 Granting of concurrence to certain development applications
If, before the commencement of this clause, the concurrence of the Director-General of the Department of Urban Affairs and Planning has been sought or is required under clause 11 in relation to development the subject of a development application and the Director-General has not decided whether concurrence should be granted, the decision as to whether concurrence should be granted is to be made by the Chief Executive.
16 Notification of certain development applications
If, before the commencement of this clause, a consent authority has notified, or is required to notify, the Director- General of the Department of Urban Affairs and Planning under clause 12 in relation to development the subject of a development application and the Director-General has not made any comments concerning the development, the consent authority, in determining whether or not to grant consent to the development application (and, if consent is granted, in determining any conditions to which the consent is to be subject), must take into account any comments made by the Chief Executive that are received by the consent authority:
| (a) | within 21 days after the consent authority notified the Director-General of the receipt of the application, or |
| (b) | within such longer period as is advised within the 21-day period referred to in paragraph (a) by the Director-General or the Chief Executive to the consent authority. |
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Schedule 1 | Amendment of Principal Policy |
[17] Schedule 1
| Omit “Biosolids application and effluent re-use schemes”. Insert instead: |
Biosolids application excluding unrestricted biosolids (where “biosolids” and “unrestricted biosolids” have the same meanings as in Environmental Guidelines—Use and Disposal of Biosolids Products published by the Environment Protection Authority in October 1997)
Effluent re-use schemes
[18] Schedules 1 and 2
Omit “Unsewered rural residential development” wherever occurring. Insert instead “Unsewered development for any residential purpose in a rural zone”.
[19] Schedule 1
Omit “Unsewered urban development”. Insert instead:
Unsewered development in urban zones that will create or increase the need for on-site effluent management, not including ancillary development such as garages, awnings or alterations to buildings that do not require any alteration to an on-site effluent system
[20] Schedule 2
| Omit “Agricultural facilities, including stock and saleyards”. stations”. |
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Amendment of Principal Policy | Schedule 1 |
[21] Schedule 2
Omit “Transport facilities”. Insert instead:
Transport facilities, being the construction of facilities such as truck stops, bus terminals, rail marshalling yards, container shipping terminals, major rail works and major road works, but not including the repair or maintenance of those facilities
2000 No 148
State Environmental Planning Policy No 58—Protecting Sydney’s Water
Supply (Amendment No 1)
| Schedule 2 | Amendment of SEPP 60—Exempt and Complying Development |
| Schedule 2 | Amendment of SEPP 60—Exempt and Complying Development |
(Clause 6)
[1] Clause 4 Where does this Policy apply?
Insert “, except as provided by this Policy” after “regional NSW”.
[2] Clause 9 What development is complying development?
Insert after clause 9 (3) (d) (vii):
(viii) that is unsewered land to which State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply applies, or
BY AUTHORITY
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