State Environmental Planning Policy No 58—Protecting Sydney's Water Supply (Amendment No 3) (2004-480) [GG No 120 of 16.7.2004, p 5968] (NSW)

2004 No 480

New South Wales

State Environmental Planning Policy

No 58—Protecting Sydney’s Water

Supply (Amendment No 3)

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 Infrastructure and Planning.

CRAIG JOHN KNOWLES, M.P.,

Minister for Infrastructure and Planning

Published in Gazette No 120 of 16 July 2004, page 5968 Page 1

2004 No 480	State Environmental Planning Policy No 58—Protecting Sydney’s Water
Clause 1	Supply (Amendment No 3)

State Environmental Planning Policy No 58—Protecting

Sydney’s Water Supply (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy No 58—

Protecting Sydney’s Water Supply (Amendment No 3).

2      Aims of Policy

The aims of this Policy are:

(a)	to exclude certain road works from the requirement for development consent under State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply, and
(b)	to make a consequential amendment to a provision of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development that deals with development for the purposes of certain road works.

3      Land to which Policy applies

This Policy applies to the whole of the State.

4      Amendment of State Environmental Planning Policy No 58— Protecting Sydney’s Water Supply

State Environmental Planning Policy No 58—Protecting Sydney’s

Water Supply is amended as set out in Schedule 1.

5      Amendment of State Environmental Planning Policy No 4— Development Without Consent and Miscellaneous Exempt and Complying Development

State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development is amended as set out in Schedule 2.

State Environmental Planning Policy No 58—Protecting Sydney’s Water	2004 No 480
Supply (Amendment No 3)

Amendment of State Environmental Planning Policy No 58—Protecting	Schedule 1
Sydney’s Water Supply

Schedule 1

Amendment of State Environmental

Planning Policy No 58—Protecting

Sydney’s Water Supply

(Clause 4)

[1]      Clause 6 Relationship to other environmental planning instruments

Insert “and Miscellaneous Exempt and Complying Development” after

“Development Without Consent” in clause 6 (1A).

[2]      Clause 6 (1AA)

Insert after clause 6 (1A):

(1AA) This Policy applies despite clause 11C of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development.

[3]      Schedule 2

Insert after the matter relating to irrigated agriculture:

Road work on classified roads or proposed classified roads within the meaning of the Roads Act 1993, other than:

(a)	road work comprising the repair or maintenance of any such classified road or proposed classified road, or
(b)	road work on such part of Main Road 92 as lies between its intersection with Hames Road, near Nowra, and the village of Nerriga.

[4]      Schedule 2

Omit “, major rail works and major road works” from the matter relating to transport facilities.

Insert instead “and major rail works”.

2004 No 480

State Environmental Planning Policy No 58—Protecting Sydney’s Water

Supply (Amendment No 3)

Schedule 2

Amendment of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development

Schedule 2 Amendment of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development

(Clause 5)

Clause 11C

Omit the clause. Insert instead:

11C	Road work with respect to classified roads
(1) This clause applies to road work on classified roads or proposed classified roads that, in the absence of this clause, may be carried out only with development consent.
(2) Road work to which this clause applies may be carried out without development consent. (3) In this clause, classified road and road work have the same meanings as they have in the Roads Act 1993.

BY AUTHORITY