State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 (2008-571) Gazette No 157 of 12 December 2008, page 11946 (NSW)
2008 No 571
| New South Wales |
State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008
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. (S08/00320-1)
KRISTINA KENEALLY, M.P.,
Minister for Planning
| Published in Gazette No 157 of 12 December 2008, page 11946 | Page 1 |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral |
| Clause 1 | Provisions) 2008 |
State Environmental Planning Policy (Repeal of
Concurrence and Referral Provisions) 2008
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Repeal of
Concurrence and Referral Provisions) 2008.
2 Aims of Policy
The aims of this Policy are:
| (a) | to amend the environmental planning instruments referred to in Schedules 1–3 so as to omit provisions requiring consent authorities to obtain certain concurrences under section 30 of the Environmental Planning and Assessment Act 1979 or to refer certain matters to various persons or bodies, and |
| (b) | to replace certain concurrence or referral provisions within environmental planning instruments with matters for the relevant Council’s consideration, and |
| (c) | to omit provisions in certain regional environmental plans referred to in Schedule 2 that relate to policies for the preparation of draft local environmental plans and consultation requirements, and |
| (d) | to make other miscellaneous amendments to environmental planning instruments. |
3 Commencement
This Policy commences on 15 December 2008.
4 Land to which Policy applies
This Policy applies to the whole of the State.
5 Amendment or repeal of environmental planning instruments
|
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 | Clause 6 |
| (3) | Each local environmental plan and deemed environmental planning instrument referred to in Schedule 3 is amended in the manner set out in that Schedule. |
6 Savings and transitional provisions
|
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 1 | Amendment of State environmental planning policies |
| Schedule 1 | Amendment of State environmental planning policies |
(Clause 5 (1))
| 1.1 | State Environmental Planning Policy No 29—Western Sydney Recreation Area |
| [1] | Clause 10 Interim development |
| Omit “and the concurrence of the Director of Planning” from clause 10 (1). | |
| [2] | Clause 10 (3) |
| Omit “and the Director when deciding whether to grant concurrence under that subclause”. | |
| 1.2 | State Environmental Planning Policy No 47—Moore Park Showground |
| Clause 15 Matters for consideration | |
| Omit “and the views of the Environment Protection Authority in relation to these matters” from clause 15 (e). | |
| 1.3 | State Environmental Planning Policy No 53—Metropolitan Residential Development |
| Clause 9 Heritage conservation areas and heritage items | |
| Omit the clause. | |
| 1.4 | State Environmental Planning Policy No 64—Advertising and Signage |
| [1] | Clause 15 Advertisements on rural or non-urban land |
| Omit clause 15 (2) (b) (ii) (E). | |
| [2] | Clause 15 (2) (c) |
| Insert at the end of clause 15 (2) (b): |
, or
| (c) | if no such development control plan is in force, unless the advertisement is a notice directing the travelling public to tourist facilities or activities or to places of scientific, historical or scenic interest. |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of State environmental planning policies | Schedule 1 |
[3] Clause 16 Transport corridor land
Insert “clause 10 (1) and” after “Despite” in clause 16 (1).
| 1.5 | State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 |
| Clause 22 Heritage conservation areas and heritage items | |
| Omit the clause. | |
| 1.6 | State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 |
| [1] | Clause 26 Heritage conservation |
| Insert at the end of clause 26 (4): |
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 26 (8)
Omit the subclause.
| 1.7 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| [1] | Appendix 1, clause 35 |
| Insert at the end of clause 35 (3AA): |
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Appendix 1, clause 35 (6)
Omit the subclause. Insert instead:
| (6) | Archaeological sites |
| The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register under the Heritage Act 1977 or to which an interim heritage order applies), be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 1 | Amendment of State environmental planning policies |
[3] Appendix 1, clause 35 (7) (b)
Omit “28 days”. Insert instead “21 days”.
[4] Appendix 1, clause 35 (7) (c)
Insert at the end of clause 35 (7) (b):
, and
| (c) | be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
[5] Appendix 1, clause 35 (8)
Omit the subclause.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
| Schedule 2 | Amendment of regional environmental plans |
(Clause 5 (2))
| 2.1 | Greater Metropolitan Regional Environmental Plan No 2— Georges River Catchment |
| [1] | Clause 5 Aims and objectives |
| Omit clause 5 (1) (e). | |
| [2] | Clause 9 Specific planning principles |
| Omit “and Consultation” from clause 9 (11). | |
| [3] | Part 3, heading |
| Omit “and consultation”. | |
| [4] | Clause 10 Consultation—who consults and procedure for consultation |
| Omit the clause. | |
| [5] | Clause 11 Planning control table |
| Omit “and consultation” from clause 11 (1). | |
| [6] | Clause 11 (3) |
| Omit the subclause. | |
| [7] | Clause 11, table |
| Omit “AND CONSULTATION” from the heading to the table. | |
| [8] | Clause 11, table, item 2 |
| Omit “Department of Land and Water Conservation” from the note under the heading “Planning control”. | |
| Insert instead “Department of Lands”. | |
| [9] | Clause 11, table, item 4 |
| Omit “in consultation with the relevant Catchment Management Committees, the community, the Environment Protection Authority and the Department of Land and Water Conservation”. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[10] Clause 11, table, item 5
Omit “and the Department of Land and Water Conservation is satisfied that the proposal is in accordance with the NSW Sand and Gravel Extraction Policy for Non Tidal Rivers prepared by and available from that Department”.
Insert instead “by a public authority and the consent authority is satisfied that the proposal is in accordance with the principles and objectives contained in the NSW Sand and Gravel Extraction Policy for Non Tidal Rivers”.
[11] Clause 11, table, item 5
Omit “The requirements of the Department of Land and Water Conservation and any relevant river management plan prepared by the Department of Land and Water Conservation or any water management plan approved by the Minister for Environment and the Minister for Land and Water Conservation.”.
[12] Clause 11, table, item 6
Omit the matter relating to “Consultation”.
[13] Clause 11, table, item 6
Omit “determined by the council in consultation with the relevant Catchment Management Committees, the community, the Environment Protection Authority and the Department of Land and Water Conservation”.
[14] Clause 11, table, item 6
Omit “Floodplain Management Policy, State Rivers and Estuaries Policy and the Wetlands Policy prepared by and available from the Department of Land and Water Conservation”.
Insert instead “New South Wales Government’s Floodplain Development Manual: the management of flood liable land (April 2005, ISBN 0 7347 5476 0)”.
[15] Clause 11, table, item 7
Omit “in consultation with the relevant Catchment Management Committees, the community, the Environment Protection Authority and the Department of Land and Water Conservation”.
[16] Clause 11, table, item 7
Omit “Whether the proposal is in accordance with any water management plan approved by the Minister for the Environment and the Minister for Land and Water Conservation where such a plan has been prepared.”.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[17] Clause 11, table, item 8
Omit the matter relating to “Consultation”.
[18] Clause 11, table, item 8
Omit “That any proposed piping or channelisation of the Georges River or its tributaries has any necessary approval of the Department of Land and Water Conservation under the relevant legislation.” and any note to that paragraph, wherever occurring.
[19] Clause 11, table, item 12
Omit the matter relating to “Consultation”.
[20] Clause 11, table, item 18
Omit the note from the matter relating to “Specific matters for consideration”.
[21] Clause 11, table, item 20
| Omit “in accordance with a Stormwater Management Plan approved by the Director-General of the Environment Protection Authority”. |
Insert instead “by or on behalf of a public authority”.
[22] Clause 11, table, item 23
Omit “as identified and mapped by the National Parks and Wildlife Service in consultation with the Department of Land and Water Conservation and NSW Fisheries”.
| 2.2 | Hunter Regional Environmental Plan 1989 |
| [1] | Clause 16 Policies for plan preparation |
| Omit clause 16 (4). | |
| [2] | Clause 17 Principles |
| Omit “in consultation with the Environment Protection Authority,” from clause 17 (c). | |
| [3] | Clause 26 Policies for plan preparation |
| Omit clause 26 (1) (a). | |
| [4] | Clause 26 (2) (c) |
| Omit “on the advice of the Director-General of the Department of Agriculture and Fisheries, and where otherwise appropriate,”. | |
| Insert instead “where appropriate”. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[5] Clause 26 (3) (b)
Omit “Director-General of the Department of Agriculture and Fisheries agrees”.
Insert instead “council considers”.
[6] Clause 27 Policies for control of development
Omit clause 27 (1) (a).
[7] Clause 27 (2)
| Omit “account of the views of officers of the Department of Agriculture and Fisheries on”. |
Insert instead “into consideration”.
[8] Clause 28 Principles
Omit “, in consultation with officers of the Department of Agriculture,” from clause 28 (1).
[9] Clauses 40 and 41
Omit the clauses.
[10] Clause 43 Policies for plan preparation
Omit “has consulted with the authority responsible for water supply and water quality in that area and” from clause 43 (1) (a).
[11] Clause 43 (1) (b)
Omit “in areas required by those authorities”.
[12] Clause 43 (1) (c)
Omit “required”. Insert instead “appropriate”.
[13] Clauses 50, 58 and 68
Omit the clauses.
| 2.3 | Hunter Regional Environmental Plan 1989 (Heritage) |
| [1] | Clause 6 Policies for plan preparation |
| Omit clause 6 (2). |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[2] Clause 7 Development of heritage items
Insert at the end of clause 7 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clauses 8 and 9
Omit the clauses.
[4] Clause 11 Advertising of heritage applications
Omit clause 11 (2).
| 2.4 | Illawarra Regional Environmental Plan No 1 |
| [1] | Clauses 12, 13, 14 (3), 16, 19, 20, 22–26, 39, 40, 42, 44, 45, 59, 60, 62–71, 73, 76–78, 102 (b), 106, 109, 110 and 114–116 |
| Omit the clauses. | |
| [2] | Clause 14 Land supporting rainforest vegetation species |
| Omit “has consulted the Director of the National Parks and Wildlife Service and” from clause 14 (5). | |
| [3] | Clause 14 (6) |
| Omit the subclause. Insert instead: |
| (6) | The consent authority must not grant development consent to an application to carry out development on land to which this clause applies unless it is satisfied that: | |||
|
[4] Clause 15 Wildlife corridors
Omit “has consulted the Director-General of the National Parks and Wildlife Service, the Executive Director, Fisheries, Department of Agriculture, or both, and” from clause 15 (1).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[5] Clause 15 (2)
Omit the subclause. Insert instead:
| (2) | The consent authority must not grant development consent to an application to carry out development on land shown on the map as a wildlife corridor that, in the opinion of the consent authority, will involve significant tree felling or vegetation clearance unless it is satisfied that: | |||
|
[6] Division 4 of Part 2, Division 3 of Part 4, Division 2 of Part 8, Division 3 of Part 12, Division 3 of Part 13 and Division 3 of Part 15
Omit the Divisions.
[7] Parts 3, 6, 9–11, 14 and 16
Omit the Parts.
[8] Clause 139 Development applications—high rise buildings
Insert after clause 139 (1):
| (1A) | This clause applies to all land in the Wollongong Plain subregion and the Shoalhaven subregion, other than land to which Wollongong City Centre Local Environmental Plan 2007 applies. |
[9] Clause 139 (2)
Omit the subclause. Insert instead:
| (2) | The consent authority must not consent to a development application to erect a building or to alter an existing building by increasing its height, where the building after erection or alteration will have a height of more than 11 metres, without the concurrence of the Director. |
| 2.5 | Illawarra Regional Environmental Plan No 2—Jamberoo Valley |
| Clause 4, Part 2 and clauses 12 and 13 | |
| Omit the provisions. |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
| 2.6 | Jervis Bay Regional Environmental Plan 1996 |
| [1] | Clause 13 Cultural heritage |
| Omit clauses 13 (1) and (2). Insert instead: |
| (1) | If a proposal is within a coastal sand dune area, on a rocky headland or on a flat, well-drained area along a major creekline, the consent authority must consider the effect of the proposal on the heritage significance of any Aboriginal object known or reasonably likely to be located at the site. |
[2] Clause 14 Habitat corridors
Insert at the end of clause 14 (1) (c):
, and
| (d) | be designed to enhance the retention and augmentation of vegetation native to the area. |
[3] Clause 14 (3)
Omit the subclause.
[4] Clause 18 A National Park
Insert after the note to the clause:
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[5] Clause 18 (5)
Omit “has consulted the Director-General of National Parks and Wildlife and”.
| 2.7 | Lower South Coast Regional Environmental Plan No 1 |
| Clause 6 Height restrictions | |
| Omit the clause. | |
| 2.8 | Lower South Coast Regional Environmental Plan (No 2) |
| [1] | Clause 9 Policies for plan preparation |
| Omit clause 9 (b) and (c). | |
| [2] | Clauses 12 and 13, Divisions 3 and 4 of Part 2, clauses 20 (3) and (4) (i), Division 2 of Part 4, clause 28 and Division 4 of Part 4, Divisions 1 and 3 of Part 5, clauses 39 and 42, Divisions 2 and 3 of Part 7 and Part 8 |
| Omit the provisions. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[3] Clause 20 Policies for plan preparation
Omit “(or such part of the area as may be agreed upon between the council and the Director of Planning and to which the plan applies)” and “being a strategy which has been agreed upon between the council and the Director of Planning” respectively, from clause 20 (4).
[4] Schedule 2 Guidelines for development in waterway catchments
Omit the Schedule.
| 2.9 | North Coast Regional Environmental Plan |
| [1] | Clause 18A Development control—mineral sands mining |
| Omit the clause. | |
| [2] | Clause 20 Plan preparation—rural land release strategy |
| Omit clause 20 (1) (b). | |
| [3] | Clause 20 (5) |
| Omit “agreed by the Director”. Insert instead “approved by the council”. | |
| [4] | Clause 21 Plan preparation—dwellings on rural land |
| Omit “which has been approved by the Director” from clause 21 (3) (b) (i). | |
| [5] | Clause 21 (3) (b) (ii) |
| Omit “which has been agreed to by the Director”. | |
| [6] | Clause 32A Plan preparation—coastal lands |
| Omit clause 32A (2) (b). | |
| [7] | Clause 35 Plan preparation—conservation areas of State and regional significance |
| Omit the clause. | |
| [8] | Clause 36 Development control—heritage items, generally |
| Insert at the end of clause 36 (2): |
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[9] Clause 36A Development control—heritage items of State and regional significance
Omit clause 36A (1).
[10] Clause 36A (2)
Omit “concurrence under subclause (1), the Director shall”.
Insert instead “a consent required by clause 36 in relation to heritage items specified or described in Schedule 2, the council must”.
[11] Clause 36B Development control—heritage items of regional significance
Omit the clause.
[12] Clause 38 Plan preparation—urban land release strategy
Omit “(subject to the directions given by the Director)” from clause 38 (1).
[13] Clause 38 (3) (a)
Omit “agreed between the council and the Director”.
[14] Clause 51 Development control—Director’s concurrence for tall buildings
Omit the clause.
[15] Part 7 Miscellaneous
Omit the Part.
2.10 Sydney Regional Environmental Plan No 13—Mulgoa Valley
[1] Clause 10 Demolition applications
Omit clause 10 (1) (b).
[2] Clause 10, note
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
2.11 Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)
[1] Clause 23A Protection of heritage items and relics
Insert at the end of clause 23A (3) (b):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 23A (3) (c)
Omit the paragraph.
[3] Clause 31 Acquisition of reserved lands
Insert before clause 31 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[4] Clause 31 (4)
Omit “Except as provided by subclause (5), land”. Insert instead “Land”.
[5] Clause 31 (5)
Omit the subclause.
[6] Clause 31 (6)
| Omit “concurrence required by subclause (5) the Director shall”. Insert instead “consent under subclause (4), the Council must”. |
2.12 Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 2—1997)
[1] Clause 8 Development controls
Omit clause 8 (4).
[2] Clause 9 How is consultation carried out?
Omit the clause.
[3] Clause 11 Development controls
Omit the matter relating to “Consultation” from item (2).
[4] Clause 11
Omit the matter relating to “Concurrence” and “Consultation” from item (6).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[5] Clause 11
Omit “Director as concurrence authority” from the heading “Matters for consideration by the Director as concurrence authority” from item (6).
Insert instead “consent authority”.
[6] Clause 11
Omit “whether sufficient attention has been given by the consent authority to” from paragraph (a) where secondly occurring in item (6).
[7] Clause 11
| Omit the matter relating to “Consultation” wherever occurring in items (9), (13) and (17)–(19). |
2.13 Sydney Regional Environmental Plan No 24—Homebush
Bay Area
[1] Clause 14 Consultation with other public bodies
Omit clause 14 (1) (c)–(e).
[2] Clause 14 (2) (b)
Omit “28 days”. Insert instead “21 days”.
[3] Clause 20 Contaminated land
Omit clause 20 (b).
[4] Clause 22 Development in environmental conservation areas
Omit clause 22 (4).
[5] Clause 24 Protection of heritage items and heritage conservation areas
Insert at the end of clause 24 (4):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[6] Clause 26 Notice of demolition to Heritage Council
Omit the clause.
[7] Clause 27 Development affecting places or sites of known or potential Aboriginal heritage significance
| Omit “and the Director-General of National Parks and Wildlife” from clause 27 (b). |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[8] Clause 27 (b)
Omit “28 days”. Insert instead “21 days”.
[9] Clause 27 (c)
Insert at the end of clause 27 (b):
, and
| (c) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[10] Clause 28 Development affecting known or potential historical archaeological sites of relics of non-Aboriginal heritage significance
Omit clause 28 (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[11] Schedule 7 Issues to be addressed in statements of environmental effects
| Omit “• Any requirements of the Director-General of the Environment Protection Authority and how these are to be complied with.” from Part 1. |
[12] Schedule 7, Part 2
Omit “• The views of the Director-General of National Parks and Wildlife.”.
2.14 Sydney Regional Environmental Plan No 26—City West
[1] Clause 32 Demolition of heritage items
Omit the first and second paragraphs of the clause.
[2] Clause 32, note
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
2.15 Sydney Regional Environmental Plan No 28—Parramatta
[1] Clause 43 Protection of heritage items, heritage conservation areas and relics
Omit clause 43 (2) and (3).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[2] Clause 45 Heritage considerations
Insert at the end of clause 45 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 48 Notice of applications for demolition to the Heritage Council
Omit the clause.
[4] Clause 50 Development of Aboriginal places or of known or potential archaeological sites of Aboriginal cultural significance
| Omit “and the Director-General of National Parks and Wildlife” from clause 50 (b). |
[5] Clause 50 (b)
Omit “28 days”. Insert instead “21 days”.
[6] Clause 50 (c)
Insert at the end of clause 50 (b):
, and
| (c) | be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
[7] Clause 51 Development of other archaeological sites or potential archaeological sites
Omit clause 51 (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[8] Clause 69 Development within foreshore building line
Omit clause 69 (6) (i).
[9] Clause 69 (6) (j)
Omit “whether adequate consultation with NSW Fisheries has occurred as to”.
[10] Clause 72 Acquisition and development of reserved land
Insert before clause 72 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[11] Clause 72 (6)
Omit the subclause.
[12] Clause 72 (7)
| Omit “concurrence under subclause (6), the public authority concerned”. Insert instead “consent under subclause (5), the consent authority”. |
[13] Clause 76 Development on flood liable land
Omit clause 76 (3).
[14] Clause 83 Acid sulfate soils
Omit clause 83 (4) (c).
2.16 Sydney Regional Environmental Plan No 31—Regional
Parklands
[1] Clause 14 Matters to be taken into consideration for certain development
Omit clause 14 (1) and (4).
[2] Clause 14 (2) and (3)
| Omit “concurrence should be granted for consent” and “Director-General”. Insert instead “consent should be granted” and “Council”, respectively. |
[3] Clause 15
Omit the clause. Insert instead:
|
The consent authority must not grant consent to development adjoining any land reserved or dedicated under the National Parks and Wildlife Act 1974 if it is of the opinion that the proposed development is not consistent with the provisions contained in the Guidelines for developments adjoining Department of Environment and Climate Change land (as in force on the day on which this clause, as substituted by State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008, commenced).
[4] Clause 16 Cultural heritage
| Omit “and the Director-General of National Parks and Wildlife” from clause 16 (5) (b). |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of regional environmental plans | Schedule 2 |
[5] Clause 16 (5) (b)
Omit “28 days”. Insert instead “21 days”.
2.17 Sydney Regional Environmental Plan No 33—Cooks Cove
Clause 23 Acid sulfate soils
Omit clause 23 (2) (c).
2.18 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
[1] Clause 30 Consultation available for other matters
Omit clause 30 (1).
[2] Clause 30 (4)
Omit “draft local environmental plan,”.
[3] Clause 36 Development on land comprising acid sulfate soils
Omit clause 36 (4) (c).
[4] Clause 39
Omit the clause. Insert instead:
|
A consent authority must not grant consent to development in any part of the waterway that would be likely to affect land that is reserved under the National Parks and Wildlife Act 1974 if it is of the opinion that the proposed development is not consistent with the provisions contained in the Guidelines for developments adjoining Department of Environment and Climate Change land (as in force on the day on which this clause, as substituted by State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008, commenced).
[5] Clause 57 Development affecting matters of Aboriginal heritage significance
| Omit “and the Director-General of the Department of Environment and Conservation” wherever occurring in clause 57 (1) (b) and (2). |
[6] Clause 57 (1) (b)
Omit “28 days”. Insert instead “21 days”.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 2 | Amendment of regional environmental plans |
[7] Clause 57 (1) (c)
Insert at the end of clause 57 (1) (b):
, and
| (c) | must be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
[8] Clause 58 Development affecting matters of non-Aboriginal heritage significance
Omit clause 58 (1) (b). Insert instead:
| (b) | must be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[9] Clause 58 (2)
Omit the subclause.
2.19 Western Division Regional Environmental Plan No 1— Extractive Industries
[1] Clause 2 Aims, objectives etc
Omit clause 2 (2) (b).
[2] Clause 2 (2) (c)
Omit “, and requiring that at a minimum, consultation must be undertaken with the Department of Water Resources, the Soil Conservation Service and the National Parks and Wildlife Service before any consent is determined”.
[3] Clause 11 Development consent—Schedule 1 land
Omit clause 11 (4).
[4] Clause 11 (5)
| Omit “The Commissioner shall in determining whether concurrence”. Insert instead “The consent authority must in determining whether consent”. |
[5] Clause 12 Environmental management and rehabilitation plan required
Omit clause 12 (2)–(4).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
(Clause 5 (3))
| 3.1 | Albury Local Environmental Plan 2000 |
| [1] | Clause 5 Definitions |
| Omit the definition of Heritage Council from clause 5 (1). | |
| [2] | Clause 37 Development of land prior to acquisition |
| Omit “and the concurrence of the Roads and Traffic Authority” from clause 37 (1). | |
| [3] | Clause 37 (3) |
| Omit the subclause. | |
| [4] | Clause 48 Protection of heritage items, heritage conservation areas, places and archaeological sites |
| Insert at the end of clause 48 (3): |
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 51 Notification of certain development relating to heritage items
Omit the clause.
[6] Clause 52 Notification of certain development on archaeological sites or potential archaeological sites
Omit clause 52 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
| (c) | is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[7] Clause 52 (2) (b)
Omit the paragraph. Insert instead:
| (b) | is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[8] Clause 62 Roads
Omit clause 62 (2) and (3).
| 3.2 | Ashfield Local Environmental Plan 1985 |
| [1] | Clause 27 Acquisition etc of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) |
| Insert before clause 27 (1): |
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 27 (3) and (4)
Omit the subclauses. Insert instead:
| (3) | Notwithstanding clause 10, development may, with the consent of the council, be carried out for any purpose on land within a zone referred to in subclause (1) if the council is satisfied that development of the land for the purpose for which the land is zoned is not imminent. | |||||||
| (4) | In considering whether to grant consent under subclause (3), the council must take the following into consideration: | |||||||
|
[3] Clause 36 Development of known or potential archaeological sites
Omit clause 36 (1) (b) and (2) (b).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| 3.3 | Auburn Local Environmental Plan 2000 |
| [1] | Clause 29 Land acquisition in the Special Uses 5 (b) Zone |
| Insert before clause 29 (1): |
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 29 (4)
Omit clause 29 (4) and (5). Insert instead:
| (4) | A person may, with development consent, carry out development on land zoned 5 (b) for a purpose for which development may be carried out on land in an adjoining zone or for any purpose that is compatible with development that may be carried out on land in an adjoining zone. |
[3] Clause 42 Assessment of heritage applications
Insert at the end of clause 42 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[4] Clause 42 (3)
Omit the subclause.
[5] Clause 46 Development of archaeological sites or potential archaeological sites
Omit clause 46 (b). Insert instead:
| (b) | it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
| 3.4 | Ballina Local Environmental Plan 1987 |
| [1] | Clause 9 Zone objectives and development control table |
| Omit “, as advised from time to time by the Department of Agriculture” wherever occurring in the matter relating to Zone No 1 (a1) (Rural (Plateau Lands Agriculture) Zone) and Zone No 1 (a2) (Rural (Coastal Lands Agriculture) Zone) in the Table to the clause. | |
| [2] | Clause 18 Items of environmental heritage |
| Insert at the end of clause 18 (2): |
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
proposed development on the heritage significance of items (for
example, Statements of Heritage Impact).
[3] Clause 21 Heritage Council to be given prior notice of demolition consent
Omit the clause.
[4] Clause 31 Use of land pending acquisition
Omit clause 31 (2) and (3).
[5] Clause 32
Omit the clause. Insert instead:
|
The council must not consent to the carrying out of development within Zone No 7 (f) for any purpose unless it has taken into consideration:
| (a) | whether any environmental issues are involved in, or raised by, the proposed development, and |
| (b) | if so, whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment, and |
| (c) | whether the development complies with the objectives of Zone No 7 (f) as set out in the Table to clause 9. |
| 3.5 | Bankstown Local Environmental Plan 2001 |
| [1] | Clause 22 Acid sulfate soils |
| Omit “has also been given written advice from the Department of Land and Water Conservation” from clause 22 (3) (b). | |
| Insert instead “has given written advice to the person carrying out the works”. | |
| [2] | Clause 22 (4) (c) |
| Omit the paragraph. | |
| [3] | Clause 35 Use of land before or after it is acquired |
| Omit “but subject to subclause (2)” from clause 35 (1). | |
| [4] | Clause 35 (2) and (3) |
| Omit the subclauses. |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[5] Clause 42 Development of known or potential archaeological sites
Omit clause 42 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[6] Clause 42 (2) (b)
Omit the paragraph. Insert instead:
| (b) | it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[7] Clause 42 (3)
Omit “Subclause (2)”. Insert instead “Subclause (2) (a)”.
| 3.6 | Barraba Local Environmental Plan 1990 |
| [1] | Clause 14 Subdivision for intensive agricultural pursuits |
| Omit clause 14 (3). Insert instead: |
| (3) | The Council may refer an application to subdivide land within Zone No 1 (a) that is the subject of a development application referred to in subclause (1) to an expert body, with a request for advice to be received by the Council within 40 days of the Council’s request, or such longer period as the Council may allow. |
[2] Clause 27 Heritage items
Insert at the end of clause 27 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 29 Heritage advertisements
Omit clause 29 (1). Insert instead:
| (1) | Except as provided by subclause (2), the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of the demolition of a building or work that is a heritage item in the same way as those provisions apply to and in respect of designated development. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
| 3.7 | Bathurst Regional (Interim) Local Environmental Plan 2005 |
| [1] | Clause 23 Protection of environmental heritage |
| Omit “and the Director-General of the Department of Environment and Conservation” from clause 23 (8) (b). | |
| [2] | Clause 23 (8) (b) |
| Omit “28 days”. Insert instead “21 days”. | |
| [3] | Clause 23 (8) (c) |
| Insert at the end of clause 23 (8) (b): |
, and
| (c) | be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
[4] Clause 23 (9) (b)
Omit the paragraph. Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[5] Clause 23, note
Insert at the end of clause 23 (9):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[6] Clause 25 Heritage Council to be given prior notice of demolition consent
Omit the clause.
| 3.8 | Baulkham Hills Local Environmental Plan 2005 |
| [1] | Clause 5 Definitions |
| Omit the definition of Heritage Council from clause 5 (1). | |
| [2] | Clause 29 Development on land identified on Acid Sulfate Soils Planning Maps |
| Omit clause 29 (5) (c). |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[3] Clause 35 Protection of heritage items, relics and heritage conservation areas
Insert at the end of clause 35 (9):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[4] Clause 37 Notice of demolition to Heritage Council
Omit the clause.
[5] Clause 38 Development affecting archaeological sites of non-Aboriginal heritage significance
Omit clause 38 (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[6] Clause 42 Land within Zone 5 (a) (other than community facility or local open space land) and Zone 5 (c)
Insert before clause 42 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[7] Clause 42 (3)
Omit “Until”. Insert instead “Subject to subclause (4), until”.
[8] Clause 42 (4)–(7)
Omit the subclauses. Insert instead:
(4) The Council may grant consent to the carrying out of development on land referred to in subclause (1) (c) and (c1) to be acquired by a public authority, but only with the concurrence of that public authority.
| (5) | The Council may grant consent under this clause to the carrying out of development of land to be acquired by a public authority subject to conditions requiring any one or more of the following: | |||||
|
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
| (6) | The Council, in considering whether to grant consent under this clause, and the public authority concerned, in considering whether to grant the concurrence required by subclause (4), must take into consideration: | |||||||||||||||
| ||||||||||||||||
| (7) | In considering whether to grant consent under subclause (3) for development on land to be acquired by Sydney Water Corporation, the Council must take into consideration, in addition to the matters referred to in subclauses (5) and (6), the following matters: | |||||||||||||||
|
[9] Clause 43 Land reserved for roads
Insert before clause 43 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[10] Clause 43 (4)
Omit clause 43 (4) and (5). Insert instead:
| (4) | A person may, with development consent, carry out development on land within Zone 5 (b): | |
|
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| (b) | if the development is compatible with development that may be carried out on land in an adjoining zone. |
[11] Clause 51 Vehicular access from urban land to a classified road
Omit clause 51 (4).
| 3.9 | Bega Valley Local Environmental Plan 2002 |
| [1] | Clause 49 Development in Zones 7 (f1) and 7 (f2) |
| Omit clause 49 (1). | |
| [2] | Clause 49 (2) |
| Omit “In considering whether to grant concurrence required by subclause (1), the Director-General shall take into consideration”. | |
| Insert instead “Consent must not be granted to the carrying out of development (including the clearing of land) within Zone 7 (f1) or 7 (f2) unless the consent authority has taken into consideration”. | |
| [3] | Clause 49 (2) (f) |
| Insert at the end of clause 49 (2) (e): |
, and
| (f) | the potential impacts of climate change including sea level rise. |
[4] Clause 54 Acquisition of land within Zone 9 (c)
Insert before clause 54 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[5] Clause 54 (3)
Omit “granted with the concurrence of the RTA”.
[6] Clause 54 (4)
Omit the subclause.
[7] Clause 57 Protection of heritage items and relics
Insert at the end of clause 57 (6):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[8] Clause 60 Notice of demolition to the Heritage Council
Omit the clause.
[9] Clause 63 Development affecting places or sites of known or potential Aboriginal heritage significance
| Omit “and the Director-General of National Parks and Wildlife” from clause 63 (b). |
[10] Clause 63 (b)
Omit “28 days”. Insert instead “21 days”.
[11] Clause 64 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
Omit clause 64 (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[12] Clause 82 Development on land identified on acid sulfate soils planning maps
Omit clause 82 (4) (c).
[13] Clause 83
Omit the clause. Insert instead:
|
The Council must not grant consent to the carrying out of development for the purpose of caravan parks, camping sites, ecotourism facilities, tourist accommodation or serviced apartments within 400 metres of the mean high water mark (or, where there is no mean high water mark, the top of the bank) of a river, lagoon or lake specified in Schedule 3 unless it has taken the following into consideration:
| (a) | the consequences of the development being located within close proximity to the waterway, |
| (b) | the preservation and enhancement of the scenic quality of the foreshores, |
| (c) | minimising the risk of pollution of any waterway involved in the development, |
| (d) | the protection of foreshore ecosystems, having regard to the regional significance of the area to which the development application relates, |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| (e) | the potential impacts of climate change including sea level rise. |
[14] Clause 91 Development of certain land at Boydtown
Omit clause 91 (5) and (6). Insert instead:
| (5) | The Council must not grant consent as referred to in subclause (4) for development for the purpose of a road within Zone 7 (f1) unless it has taken into consideration: | |||||
|
[15] Clause 91 (12) and (15)
Omit the subclauses.
[16] Clause 96 Residential development at Government Road, Eden
| Omit “that has been carried out to the satisfaction of the Roads and Traffic Authority” from clause 96 (1). |
| Insert instead “that has been prepared in consultation with the local traffic committee”. |
3.10 Bellingen Local Environmental Plan 2003
[1] Clause 20 Development on land identified in an acid sulfate soil class
Omit clause 20 (4) (c).
[2] Clause 21 Development affected by coastal processes
Omit clause 21 (4) (b). Insert instead:
| (b) | taken into consideration the potential impacts of climate change including sea level rise, and |
| (c) | taken into consideration coastal erosion hazards. |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[3] Clause 30
Omit the clause. Insert instead:
|
The Council must not grant consent to development within Zone
No 7 (f) unless it has taken into consideration:
| (a) | the extent to which the development will result in the degradation of, or restriction of access to, coastal recreation areas, and |
| (b) | the extent to which the development will adversely affect the scenic qualities of the coastal landscape, and |
| (c) | the likelihood of the development adversely affecting or being adversely affected by coastal processes, and |
| (d) | the potential impacts of climate change including sea level rise. |
[4] Clause 32 Heritage items
Insert at the end of clause 32 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 35 Heritage notifications
Omit the clause.
[6] Clause 54 Acquisition of land within Zone No 9
Insert before clause 54 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[7] Clause 54 (3)
Omit “and the concurrence of the RTA”.
[8] Clause 54 (4)
Omit the subclause.
3.11 Berrigan Local Environmental Plan 1992
[1] Clause 18 Dwelling-houses within Zone No 1 (a)
Omit clause 18 (3) and (4).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[2] Clause 26 Heritage items
Insert at the end of clause 26 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 29 Heritage advertisements
Omit clause 29 (1) (b).
[4] Clause 38
Omit the clause. Insert instead:
|
The Council must, before determining an application for consent to carry out development on land that is part of a travelling stock reserve, within the meaning of the Rural Lands Protection Act 1998, take into consideration:
| (a) | existing arrangements for use and occupation of that travelling stock reserve under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998, and |
| (b) | any requirements of the Rural Lands Protection Board in which that travelling stock reserve is vested. |
Note. The occupation and use of travelling stock reserves is subject to reserve use and stock permit requirements under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998.
3.12 Bingara Local Environmental Plan 1994
[1] Clause 15 Subdivision for intensive agricultural pursuits in Zone No 1 (a)
Omit clause 15 (d).
[2] Clause 16 Residential use of rural land
Omit clause 16 (4).
[3] Clause 25 Heritage items
Insert at the end of clause 25 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[4] Clause 27 Heritage advertisements
Omit clause 27 (2).
[5] Clause 29 Aboriginal and archaeological sites
Omit clause 29 (d).
3.13 Blacktown Local Environmental Plan 1988
[1] Clause 14 Protection of heritage items and relics
Insert at the end of clause 14 (6):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 16 Notice of demolition to the Heritage Council
Omit the clause.
[3] Clause 17A Acquisition and development of land reserved for roads
Insert before clause 17A (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[4] Clause 17A (4)
Omit clause 17A (4) and (5). Insert instead:
| (4) | A person may, with the consent of the council, carry out development on land within Zone No 5 (b): | |||
|
[5] Clause 18 Development of land in Zone No 5 (a), 5 (c), 6 (a) or 6 (c)
Omit clause 18 (3) and (4). Insert instead:
| (3) | The council must not grant consent as referred to in subclause (1) to the development of land to be acquired by a public authority, unless it has taken the following into consideration: | |||
|
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| (c) | the costs of reinstatement of the land for the purposes for which the land is to be acquired. |
[6] Clause 18 (6)
Omit “and the concurrence of the Director”.
[7] Clause 18 (8)
Omit “and the Director when deciding whether to grant concurrence under that subclause,”.
[8] Clause 20B
Omit the clause. Insert instead:
|
| (1) | Despite any other provision of this plan, the council must not grant consent to the carrying out of development on land within Zone No 5 (a) marked on the map “Drainage (Water Board)” or “Drainage (W.B.)” or on land within Zone No 6 (a) where that land, for the time being, is affected by the 100 year Average Recurrence Interval (ARI) flood event unless the council has consulted with Sydney Water Corporation. | |||||||
| (2) | Sydney Water Corporation must take the following matters into consideration when consulted under this clause: | |||||||
|
[9] Clause 22 Land adjoining designated roads
Omit clause 22 (5).
[10] Clause 24 Services
Omit clause 24 (3).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[11] Clause 24 (4)
Omit the subclause. Insert instead:
| (4) | A person must not carry out development on any land to which this plan applies unless arrangements satisfactory to the Council have been made for the provision of sewerage services to that land. |
[12] Clause 24 (5) (a)
Omit “the Water Board and”.
[13] Clause 31 Parklea Markets
Omit clause 31 (11) (a).
[14] Clause 38 Development of part of Lot 2, DP 816611, Eastern Road, Quakers Hill and Lot 1, DP 532377, Quakers Road, Quakers Hill
Omit clause 38 (3) (a) and (e).
[15] Clause 42 Development of Lot 6, DP 835718, Quakers Road, Quakers Hill
Omit clause 42 (2). Insert instead:
| (2) | In addition to any other requirements of this plan, the Council must not grant consent to development for residential purposes of the land to which this clause applies unless the Council has identified that adequate capacity exists at the Quakers Hill Sewerage Treatment Plant to accommodate demand generated by the proposed development. |
[16] Clause 50 Development of certain land in the Colebee Release Area
Omit clause 50 (4).
3.14 Bland Local Environmental Plan 1993
[1] Clause 17 Additional dwellings in Zones Nos 1 (a) and 1 (c)
Omit clause 17 (4) and (5).
[2] Clause 21 Heritage items
Insert at the end of clause 21 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[3] Clause 21 (3)–(5)
Omit the subclauses.
[4] Clause 27 Protection of Aboriginal sites
Omit clause 27 (2) and (3).
3.15 Blayney Local Environmental Plan 1998
[1] Clause 26 Development affecting places or sites of known or potential Aboriginal heritage significance
| Omit “and the Director-General of the Department of Environment and Conservation” from clause 26 (b). |
[2] Clause 26 (b)
Omit “28 days”. Insert instead “21 days”.
[3] Clause 26A Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
Omit clause 26A (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[4] Clause 29 Notice of demolition to Heritage Council
Omit the clause.
3.16 Blue Mountains Local Environmental Plan 1991
[1] Clause 14 Agriculture and forestry
Omit the clause.
[2] Clause 25 Heritage conservation
Insert at the end of clause 25.3:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 25.4 and 25.5
Omit the clauses.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
3.17 Blue Mountains Local Environmental Plan 2005
[1] Clause 71 Determination of development applications for heritage
Insert at the end of clause 71 (4):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 73 Notification of demolition to the Heritage Council
Omit the clause.
[3] Clause 74 Development affecting places or sites of known or potential Aboriginal heritage significance
| Omit “and the Director-General of the Department of Environment and Conservation” from clause 74 (b). |
Insert instead “(in such a way as it thinks appropriate)”.
[4] Clause 74 (b)
Omit “28 days”. Insert instead “21 days”.
[5] Clause 75 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance
Omit clause 75 (1) (b). Insert instead:
| (b) | satisfied itself that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[6] Clause 83 Bush fire protection for infill development
Omit clause 83 (4) (d) (ii).
[7] Clause 83 (5)
Omit the subclause. Insert instead:
| (5) | In deciding to grant consent referred to in subclause (3), the consent authority must take into consideration any matters that are necessary, in the opinion of the consent authority, to protect persons, property or the environment from the danger that may arise from a bush fire. |
[8] Clause 99 Car parking provision
Omit clause 99 (3) (c).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[9] Clause 122 Liquid fuel depot
Omit “granted with the concurrence of the Head of the Department for the time being engaged in the administration of the Dangerous Goods Act 1975” from clause 122 (1).
[10] Clause 122 (2)
Omit the subclause.
[11] Clause 123 Road transport terminal
Omit clause 123 (1). Insert instead:
| (1) | This clause applies to development for the purpose of a transport terminal. |
[12] Clause 124 Service stations
Omit clause 124 (c).
[13] Clause 132 Development in the Regional Transport Corridor (Road)
Omit “and the concurrence of the RTA” from clause 132 (1).
[14] Clause 132 (3)
Omit the subclause.
3.18 Blue Mountains Local Environmental Plan No 4
[1] Clause 48 Restrictions on new vehicular access
Omit the clause.
[2] Clause 49 Restrictions on development in respect of certain road proposals
Omit clause 49 (2).
[3] Clause 49 (3)
Omit “The matters which shall be taken into account by The Commissioner for Main Roads in deciding whether concurrence should be granted under subclause (2) are as follows”.
Insert instead “If the road proposed to be realigned is a main road, the council must not consent to the carrying out of those repairs and improvements unless it has taken into consideration”.
[4] Clause 49 (3) (a)
Omit “The Commissioner for Main Roads”. Insert instead “the council”.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[5] Clause 58 Heritage conservation
Insert at the end of clause 58 (5):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[6] Clause 58 (6) and (7)
Omit the subclauses.
[7] Clause 61B Certain development at Leura (McLachlan Road)
Omit clause 61B (2).
[8] Clause 61B (3)
Omit “concurrence under subclause (2), the Director shall”.
Insert instead “consent to the carrying out of development on land to which this clause applies, the council must”.
[9] Clause 62 Certain development at Leura
Omit clause 62 (1).
[10] Clause 62 (2)
Omit “concurrence under subclause (1), the Director shall”.
Insert instead “consent to the carrying out of development on land to which Blue Mountains Local Environmental Plan No 12 applies, the council must”.
3.19 Bogan Local Environmental Plan 1991
[1] Clause 22 Heritage items
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 24 Heritage advertisements
Omit clause 24 (2) and (3).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments | |
| 3.20 Bombala Local Environmental Plan 1990 |
[1] Clause 31 Heritage items
Insert at the end of clause 31 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 33 Heritage advertisements
Omit clause 33 (1) (b).
3.21 Botany Local Environmental Plan 1995
[1] Clause 23 Acquisition and development of land reserved for roads
Insert before clause 23 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 23 (5)
Omit clause 23 (5) and (6). Insert instead:
| (5) | A person may, with the consent of the Council, carry out development on land to which this clause applies: | |||
|
[3] Clause 30A Development on land identified on Acid Sulfate Soil Planning Map
Omit clause 30A (4) (c).
[4] Clause 31 Protection of heritage items and heritage conservation areas
Insert at the end of clause 31 (6):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 33 Notice of demolition to Heritage Council or Australian Heritage Commission
Omit the clause.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[6] Clause 34 Development affecting known or potential archaeological sites or places of Aboriginal heritage significance
| Omit “and the Director-General of the Department of Environment and Conservation” from clause 34 (b). |
[7] Clause 34 (b)
Omit “28 days”. Insert instead “21 days”.
[8] Clause 35 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
Omit clause 35 (1) (b). Insert instead:
| (b) | it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
3.22 Bourke Local Environmental Plan 1998
[1] Clause 13 Subdivision for the purpose of agriculture in Zone No 1 (a)
Omit clause 13 (3) (a).
[2] Clause 26 Nature conservation areas
Omit clause 26 (2) (d).
[3] Clause 29 Protection of heritage items and relics
Insert at the end of clause 29 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[4] Clause 30 Notice of certain heritage development applications
Omit clause 30 (2).
[5] Clause 31 Development of known or potential archaeological sites
Omit clause 31 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[6] Clause 31 (2) (b)
Omit the paragraph.
3.23 Brewarrina Local Environmental Plan 2000
[1] Clause 29 Protection of heritage items and relics
Insert at the end of clause 29 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 30 Notice of certain heritage development applications
Omit clause 30 (2).
[3] Clause 31 Development of known or potential archaeological sites
Omit clause 31 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[4] Clause 31 (2) (b)
Omit the paragraph.
[5] Clause 31, note
Omit “. [This will usually but not necessarily be within the 28 days specified in clause 31 (1) (b)]”.
3.24 Broken Hill Local Environmental Plan 1996
[1] Clause 19 Protection of heritage items and relics
Insert at the end of clause 19 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 22 Notice to Heritage Council
Omit the clause.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[3] Clause 24 Development of known or potential archaeological sites
Omit clause 24 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[4] Clause 24 (2) (b)
Omit the paragraph.
[5] Clause 27
Omit the clause. Insert instead:
|
The Council must, before determining an application for consent to carry out development on land that is part of a travelling stock reserve, within the meaning of the Rural Lands Protection Act 1998, take into consideration:
| (a) | existing arrangements for use and occupation of that travelling stock reserve under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998, and |
| (b) | any requirements of the Rural Lands Protection Board in which that travelling stock reserve is vested. |
Note. The occupation and use of travelling stock reserves is subject to reserve use and stock permit requirements under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998.
3.25 Burwood Planning Scheme Ordinance
[1] Clause 74 Land uncoloured on scheme map
Omit “and the concurrence of the Commission”.
[2] Clause 75 Ribbon development control
| Omit “Commission certifies to the responsible authority that it” from clause 75 (3) (b). |
| Insert instead “responsible authority”. |
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[3] Clause 75 (3) (b)
| Omit “determined by the Commission”. Insert instead “determined by the responsible authority”. |
[4] Clause 79F Heritage advertisements
Omit clause 79F (2).
[5] Clause 79F (3)
Omit “Subclauses (1) and (2) do”. Insert instead “Subclause (1) does”.
[6] Clause 79F (3)
Insert at the end of clause 79F (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[7] Clause 89 Review
Omit the clause.
3.26 Byron Local Environmental Plan 1988
[1] Clause 9 Zone objectives and development control table
Omit “, on the advice of the Department of Agriculture,” from item 1 (d) of the matter relating to Zone No 1 (b1) (Agricultural Protection (b1) Zone).
[2] Clause 11A Restriction on number of allotments of land within Zones No 1 (c1) and 1 (c2)
Omit “with the agreement of the Director” from clause 11A (2) (a).
[3] Clause 12 Subdivision in rural areas for certain other purposes
Omit “, with the concurrence of the Director General of Agriculture,” from clause 12 (3).
[4] Clause 12 (4)
| Omit “concurrence” and “Director General of Agriculture shall”. Insert instead “consent” and “council must”, respectively. |
[5] Clause 19 Development relating to certain heritage items
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
proposed development on the heritage significance of items (for
example, Statements of Heritage Impact).
[6] Clause 21 Heritage Council to be given prior notice of demolition consent
Omit the clause.
[7] Clause 32 Development within Zone No 7 (f2) (Urban Coastal Land Zone)
| Omit “concurrence of the Director-General” from clause 32 (2). Insert instead “consent of the Council”. |
[8] Clause 32 (3)
| Omit “Director-General” and “concurrence”. Insert instead “Council” and “consent”, respectively. |
[9] Clause 33 Development within Zone No 7 (f1) (Coastal Lands Zone)
Omit “and the concurrence of the Director-General” from clause 33 (2).
[10] Clause 33 (4)
| Omit “Director-General” and “concurrence”. Insert instead “Council” and “consent”, respectively. |
[11] Clause 38B Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)
Omit clause 38B (3) (a).
[12] Clause 44 Use of land pending acquisition
Omit clause 44 (2) and (3). Insert instead:
| (2) | The council must not grant consent to development referred to in subclause (1) on land within Zone No 9 (a) unless it has taken into consideration: | |||||
|
[13] Clause 45 Provision of services
Omit clause 45 (2).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[14] Clause 63 Development on land identified on the Acid Sulfate Soils Planning Map
Omit clause 63 (4) (c).
3.27 Cabonne Local Environmental Plan 1991
[1] Clause 13 Subdivision for the purposes of intensive livestock keeping or irrigated agriculture and dwelling-house in Zones Nos 1 (a) and 7 (c)
[4] Clause 29 Heritage Council to be given prior notice of demolition consent
Omit the clause.
3.179 Wagga Wagga Local Environmental Plan 1985
[1] Clause 16 Items of the environmental heritage
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 19 Heritage Council to be given prior notice of demolition consent
Omit the clause.
[3] Clause 22 Acquisition of reserved land
Insert before clause 22 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[4] Clause 22 (4) and (5)
Omit the subclauses.
3.180 Wagga Wagga Rural Local Environmental Plan 1991
[1] Clause 15 Subdivision for the purposes of the creation of rural small holdings
Insert “, and” at the end of clause 15 (4) (a).
[2] Clause 15 (4) (b)
Omit the paragraph.
[3] Clause 21 Environmentally sensitive land
Omit clause 21 (4). Insert instead:
(4) Prior to granting consent to an application to carry out development on environmentally sensitive land, the Council must consult the Department of Environment and Climate Change.
[4] Clause 24 Items of the environmental heritage
Insert at the end of clause 24 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 26 Heritage Council to be given prior notice of demolition consent
Omit the clause.
3.181 Wakool Local Environmental Plan 1992
[1] Clause 26 Heritage items
Insert at the end of clause 26 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 29 Heritage advertisements
Omit clause 29 (1) (b).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[3] Clause 29 (2) and (3)
Omit the subclauses.
[4] Clause 36
Omit the clause. Insert instead:
|
The Council must, before determining an application for consent to carry out development on land that is part of a travelling stock reserve within the meaning of the Rural Lands Protection Act 1998, take into consideration:
| (a) | existing arrangements for use and occupation of that travelling stock reserve under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998, and |
| (b) | any requirements of the Rural Lands Protection Board in which that travelling stock reserve is vested. |
Note. The occupation and use of travelling stock reserves is subject to reserve use and stock permit requirements under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998.
3.182 Walcha Local Environmental Plan 2000
[1] Clause 14 Subdivision for the purpose of dwellings in Zone No 1 (a) and 7 (d)
Omit clause 14 (4). Insert instead:
| (4) | Consent must not be granted for a subdivision if that consent would permit the creation, in any 5 year period, of a total number of allotments of land to which this clause applies in excess of the number specified by the Council for that purpose. |
[2] Clause 28 Heritage items
Insert at the end of clause 28 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 30 Heritage advertisements
Omit clause 30 (2).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments | |
| 3.183 Warringah Local Environmental Plan 2000 |
[1] Clause 28 When should applications for category A remediation works not be refused?
Omit clause 28 (2).
[2] Clause 30 What applications have to be referred to the Roads and Traffic Authority?
Omit the clause.
[3] Clause 36 Can development be allowed on reserved land?
Omit “must obtain the concurrence of the authority responsible for the acquisition of that land. In deciding whether to grant concurrence the responsible authority” from clause 36 (2).
[4] Clause 79 Heritage control
Omit “Director of the Heritage Office or the” from the last paragraph in the clause.
[5] Clause 79, note
Insert at the end of the clause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[6] Clause 80 Notice to Metropolitan Aboriginal Land Council
| Omit “and the Director-General of the Department of Environment and Conservation”. |
[7] Clause 80
Omit “28 days”. Insert instead “21 days”.
[8] Clause 81 Notice to Heritage Council
Omit the clause.
[9] Clause 83
Omit the clause. Insert instead:
|
Before granting an application for consent to development on an archaeological site or a potential archaeological site (except if such development does not disturb below-ground relics and any
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
above-ground relics would not be adversely affected), the consent authority must consider a heritage impact statement explaining how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site.
3.184 Waverley and Woollahra Joint Local Environmental Plan
1991—Bondi Junction Commercial Centre
[1] Clause 19 Heritage items
Insert at the end of clause 19 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 22 Heritage Council to be given prior notice of demolition consent
Omit the clause.
3.185 Waverley Local Environmental Plan 1996
[1] Clause 35 Acquisition and development of land within the Arterial Road Reservation Zone
Insert before clause 35 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 35 (2) (b)
Omit “under subclause (4)”.
[3] Clause 35 (4)
Omit clause 35 (4) and (5). Insert instead:
| (4) | A person may, with the consent of the Council, carry out a development on land within Zone No 7 (b): | |||
|
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[4] Clause 45 Protection of heritage items, heritage conservation areas and relics
Insert at the end of clause 45 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 47 Notice to the Heritage Council
Omit the clause.
[6] Clause 48 Development of known or potential archaeological sites
Omit clause 48 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[7] Clause 48 (2) (b)
Omit the paragraph.
3.186 Weddin Local Environmental Plan 2002
[1] Clause 36 Protection of heritage items and relics
Insert at the end of clause 36 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 37 Notice to Heritage Council
Omit the clause.
[3] Clause 39 Development of known or potential archaeological sites
Omit clause 39 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[4] Clause 39 (2) (b)
Omit the paragraph.
3.187 Wellington Local Environment Plan 1995
[1] Clause 14 Subdivision of land within Zone No 1 (a1)
Omit clause 14 (2).
[2] Clause 14 (3)
| Omit “the Soil Conservation Service, the Department of Land and Water Conservation or any other”. |
Insert instead “an”.
[3] Clause 15 Subdivision of land within Zone No 1 (c)
Omit clause 15 (3).
[4] Clause 24 Protection of heritage items, heritage conservation areas and relics
Insert at the end of clause 24 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 26 Notice to the Heritage Council
Omit the clause.
3.188 Wentworth Local Environmental Plan 1993
[1] Clause 14 Urban stormwater
Omit clause 14 (3).
[2] Clause 29 Heritage items
Insert at the end of clause 29 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[3] Clause 30 Protection of Aboriginal and archaeologically sensitive sites
Omit clause 30 (2) and (3).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[4] Clause 34 Heritage advertisements
Omit clause 34 (2) and (3).
3.189 Willoughby Local Environmental Plan 1995
[1] Clause 50 Acquisition and development of land—Zone 5 (c)
Insert before clause 50 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 50 (3) (b)
Omit “under subclause (5)”.
[3] Clause 50 (5)
Omit clause 50 (5) and (6). Insert instead:
| (5) | A person may, with the consent of the Council, carry out development on land within Zone 5 (c): | |||||
|
[4] Clause 57 Heritage items and conservation areas
Insert at the end of clause 57 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 61 Heritage advertisements
Omit clause 61 (b).
[6] Clause 63 Development of known and potential archaeological sites
Omit clause 63 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[7] Clause 63 (2) (b)
Omit the paragraph.
3.190 Windouran Local Environmental Plan 1999
[1] Clause 25 Protection of heritage items, heritage conservation areas and relics
Insert at the end of clause 25 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 27 Notice to the Heritage Council
Omit the clause.
[3] Clause 28 Development of known or potential archaeological sites
Omit clause 28 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[4] Clause 28 (2) (b)
Omit the paragraph.
3.191 Wingecarribee Local Environmental Plan 1989
[1] Clause 27 Protection of heritage items, heritage conservation areas and relics
Insert at the end of clause 27 (4):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 29 Notice of demolition to the Heritage Council
Omit the clause.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[3] Clause 30 Development affecting places or sites of known or potential Aboriginal heritage significance
| Omit “and the Director-General of National Parks and Wildlife” from clause 30 (b). |
[4] Clause 30 (b)
Omit “28 days”. Insert instead “21 days”.
[5] Clause 31 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance
Omit clause 31 (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[6] Clause 32 Acquisition and development of land within Zone No 6 (d), 9 (a) or 9 (b)
Insert before clause 32 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[7] Clause 32 (3) (b) (ii)
Omit “under subclause (5)”.
[8] Clause 32 (4)
Omit “and the concurrence of the Roads and Traffic Authority”.
[9] Clause 32 (5)
Omit the subclause.
[10] Clause 35 Areas of land instability
Omit the clause.
[11] Clause 38F Restrictions on granting of consent
Omit “approved by the Water Board, the Director-General of the Department of Conservation and Land Management and the Director-General of the Department of Water Resources” from clause 38F (2) (g).
[12] Clause 38F (3)
Omit the subclause.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[13] Clause 38G Protection of items of environmental heritage
Omit “and with the concurrence of the Heritage Council of New South Wales” from clause 38G (1).
[14] Clause 38G (2)
Omit “concurrence to”.
[15] Clause 38G (2)
Omit “Heritage Council”. Insert instead “council”.
[16] Clause 38G (4) (d)
Omit the paragraph.
[17] Clause 39 Land identified as containing extractive materials
Omit clause 39 (3) and (4). Insert instead:
| (3) | In deciding whether to grant consent under subclause (2), the council must take into consideration the following matters: | |||
|
[18] Clause 41A Special provisions—certain land in Old Hume Highway, Mittagong
| Omit “Roads and Traffic Authority” from clause 41A (2) (f). Insert instead “Council”. |
[19] Clause 48 Development within district
Insert after clause 48 (1):
Note. Nothing in this clause affects any requirement under the Mine
Subsidence Compensation Act 1961.
[20] Clause 48 (2)
Omit the subclause.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[21] Clause 48 (3)
| Omit “concurrence should be granted as referred to in subclause (2), the Mine Subsidence Board shall”. |
Insert instead “consent should be granted to development on land to which this clause applies, the council must”.
[22] Clause 48A Special provision—certain land on the Hume Highway and Golden Vale Road, Sutton Forest
Omit clause 48A (3) (b).
[23] Clause 48A (4)
Insert after clause 48A (3):
| (4) | Before granting consent to the carrying out of development on land to which this clause applies, the Council may require the submission of a soil, water and erosion management plan. |
3.192 Wollondilly Local Environmental Plan 1991
[1] Clause 18 Acquisition of land—Zones Nos 9 (a), 9 (b), 9 (c) and 9 (d)
Insert before clause 18 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 18 (3) (b) (ii)
Omit “under this clause”.
[3] Clause 18 (4)
Omit “and the concurrence of the Roads and Traffic Authority”.
[4] Clause 18 (5)
Omit the subclause.
[5] Clause 20 Development within proclaimed mine subsidence district
Insert after clause 20 (1):
Note. Nothing in this clause affects any requirement under the Mine
Subsidence Compensation Act 1961.
[6] Clause 20 (2)
Omit the subclause.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[7] Clause 20 (3)
| Omit “concurrence should be granted as referred to in subclause (2), the Mine Subsidence Board shall”. |
Insert instead “consent should be granted to development on land to which this clause applies, the council must”.
[8] Clause 22 Supply of services in Zones Nos 2 (a), 2 (d), 4 (a) and 4 (c)
Omit “and until arrangements satisfactory to the Water Board have been made with that Board for the provision of a water supply to the allotment”.
Insert instead “the council is satisfied that a water supply can be provided to the allotment”.
[9] Clause 30 Heritage items
Insert at the end of clause 30 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[10] Clause 33 Heritage advertisements
Omit clause 33 (2) and (3).
[11] Clause 46 Development of certain land at Appin Road, Appin
| Omit “Sydney Water Corporation” from clause 46 (3). Insert instead “council”. |
[12] Clause 49 Environmentally significant land
Omit clause 49 (5).
[13] Schedule 4
| Omit “the Water Board have been made with that Board”. Insert instead “the council have been made”. |
3.193 Wollongong City Centre Local Environmental Plan 2007
[1] Clause 26 Development on proposed classified road
Omit clause 26 (1) (a) and (2).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[2] Clause 35 Heritage conservation
Omit clause 35 (6). Insert instead:
| (6) | The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site, be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[3] Clause 35 (7) (b)
Omit “28 days”. Insert instead “21 days”.
[4] Clause 35 (8)
Omit the subclause.
[5] Clause 35 (9)
Insert at the end of the subclause:
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
3.194 Wollongong Local Environmental Plan 1990
[1] Clause 17 Development in Zone No 7 (a), 7 (b) or 7 (d)
| Omit “, after consultation with the Director-General of the Department of Environment and Conservation,” from clause 17 (2). |
[2] Clause 17 (3)
Omit “has consulted with the Forestry Commission and”.
[3] Clause 17 (4)
Omit “has consulted with the Director-General of the Department of Environment and Conservation, Director-General of the Department of Infrastructure, Planning and Natural Resources and Director-General of the Department of Primary Industries and”.
[4] Clause 17 (5)
Omit the subclause. Insert instead:
| (5) | The Council must not grant consent to an application to carry out development on land within Zone No 7 (a), 7 (b) or 7 (d) which, |
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
in the opinion of the Council, will involve significant tree felling
or vegetation clearance unless it is satisfied that:
| (a) | the development will be so managed as not to have any long term detrimental impact on opportunities for wildlife movement, or |
| (b) | any detrimental effect on opportunities for wildlife movement can be justified by other factors. |
[5] Clause 17 (6)
Omit the subclause.
[6] Clause 20 Sand dune systems
Omit “consult with the Director-General of the Department of Infrastructure, Planning and Natural Resources and the Director-General of the Department of Commerce and” from clause 20 (1).
[7] Clause 20 (1) (b)
Insert “, including consideration of the potential impacts of climate change including sea level rise” after “beach system”.
[8] Clause 20 (2)
Omit the subclause.
[9] Clause 26 Development in flood prone land
Omit clause 26 (2). Insert instead:
| (2) | For the purposes of this clause, the Council may take into consideration the nature of flood hazards, the necessity and the capacity to evacuate persons, and the consequence and suitability of any proposed development. |
[10] Clause 27 Protection of heritage items and heritage conservation areas
Insert at the end of clause 27 (4):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[11] Clause 29 Notice of demolition to Heritage Council
Omit the clause.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[12] Clause 29A Development affecting places or sites of known or potential Aboriginal heritage significance
Omit clause 29A (b). Insert instead:
| (b) | except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and take into consideration any comments received in response within 21 days after the notice is sent. |
[13] Clause 29B Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
Omit clause 29B (1) (b). Insert instead:
| (b) | be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[14] Clause 31 Relocation of main roads
Omit clause 31 (1).
[15] Clause 35 Acquisition of land within Zone No 9
Insert before clause 35 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[16] Clause 35 (4)
Omit the subclause.
[17] Clause 35 (5)
Omit “in accordance with subclause (4)”.
[18] Clause 35 (5) (c)
Omit the paragraph. Insert instead:
| (c) | compliance with any condition required by the Council, |
[19] Clause 35 (6)
| Omit “concurrence under subclause (4), the public authority concerned shall”. Insert instead “consent under subclause (3), the Council must”. |
[20] Clause 36 Acquisition and development of land reserved for roads
Insert before clause 36 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[21] Clause 36 (2) (b) (ii)
Omit “under subclause (3)”.
[22] Clause 36 (3)
Omit “and the concurrence of the RTA”.
[23] Clause 36 (4)
Omit the subclause.
3.195 Wollongong Local Environmental Plan No 38
[1] Clause 20 Development in Zone No 7 (c)
Omit the clause.
[2] Clause 26 Liquid fuel depots
Omit the clause.
[3] Clause 36 Acquisition of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d)
Insert before clause 36 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[4] Clause 36 (4) and (5)
Omit clause 36 (4)–(6). Insert instead:
| (4) | The council may, in granting consent under subclause (3), apply conditions requiring: | |||
| ||||
| with or without the payment of compensation by the public authority. | ||||
| (5) | The council must not grant consent, referred to in subclause (3), to the development of land to be acquired by a public authority under subclause (2), unless it has taken the following into consideration: | |||
|
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
| (c) | the costs of reinstatement of the land for the purpose for which the land is to be acquired. |
[5] Schedule 8 Additional development in various zones
Omit the matter relating to items 1 and 2 in Column 3 of the table.
3.196 Woollahra Local Environmental Plan 1995
[1] Clause 14 Acquisition and development of land reserved for roads
Insert before clause 14 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[2] Clause 14 (3) (b)
Omit “under subclause (6)”.
[3] Clause 14 (6)
Omit clause 14 (6) and (7). Insert instead:
| (6) | Despite clause 8, a person may, with the consent of the Council, carry out development referred to in subclause (1) (a): | |||||
|
[4] Clause 21E Development on certain land in Double Bay
Omit clause 21E (12) (c).
[5] Clause 25D Development on land identified on Acid Sulfate Soils Planning Map
Omit clause 25D (3) (c) and (d).
[6] Clause 26 Heritage items
Insert at the end of clause 26 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[7] Clause 31 Development of known or potential archaeological sites
Omit clause 31 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
[8] Clause 31 (2) (a)
Insert “, and” at the end of the paragraph.
[9] Clause 31 (2) (b)
Omit the paragraph.
[10] Clause 33 Heritage notifications
Omit the clause.
3.197 Wyong Local Environmental Plan 1991
[1] Clause 15 Development on land containing acid sulfate soils
Omit clause 15 (5) (c).
[2] Clause 20
Omit the clause. Insert instead:
|
The Council must not grant consent to an application to reclaim land below high water mark within the local government area of Wyong unless it has taken into consideration the impact of the development on the natural environment and the use of the waterway for recreational purposes.
[3] Clause 32 Development of heritage items
Insert at the end of clause 32 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[4] Clause 33 Notification and exhibition of certain heritage development applications
Omit clause 33 (2).
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[5] Clause 34 Development of known or potential archaeological sites
Omit clause 34 (1) (b). Insert instead:
| (b) | except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and |
| (c) | it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted. |
[6] Clause 34 (2) (b)
Omit the paragraph. Insert instead:
| (b) | it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. |
[7] Clause 39 Consent—environmental protection zone
Omit clause 39 (1).
[8] Clause 39 (2)
| Omit “In deciding whether to grant concurrence to development within Zone No 7 (d) in pursuance of subclause (1), the Director shall take”. |
Insert instead “Consent to the development of land, including consent to the alteration, enlargement or rebuilding of any existing building or work within Zone No 7 (d) or 7 (e), must not be given unless the consent authority has taken”.
[9] Clause 39 (3)
| Omit “In deciding whether to grant concurrence to development within Zone No 7 (e) in pursuance of subclause (1) the Director shall take”. |
| Insert instead “In deciding whether to grant consent to development within Zone No 7 (e), the consent authority must take”. |
[10] Clause 45 Acquisition and development of land reserved for roads
Insert before clause 45 (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[11] Clause 45 (2) (b) (ii)
Omit “under subclause (3)”.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[12] Clause 45 (3)
Omit “and the concurrence of the RTA”.
[13] Clause 45 (4)
Omit the subclause.
[14] Clause 49 Relocation of major roads
Omit clause 49 (1) and (3).
3.198 Yallaroi Local Environmental Plan 1991
[1] Clause 14 Subdivision for intensive agriculture pursuits in Zone No 1 (a)
Omit clause 14 (d).
[2] Clause 16 Residential use of rural land
Omit clause 16 (4).
[3] Clause 22 Environmentally sensitive land
Omit “it has first consulted with the Soil Conservation Service and” from clause 22 (3).
[4] Clause 25 Heritage items
Insert at the end of clause 25 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[5] Clause 27 Heritage advertisements
Omit clause 27 (1) (b).
3.199 Yarrowlumla Local Environmental Plan 1993
[1] Clause 20 Heritage items
Insert at the end of clause 20 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 22A Notification of demolition to the Heritage Council
Omit the clause.
| State Environmental Planning Policy (Repeal of Concurrence and Referral | 2008 No 571 |
| Provisions) 2008 |
| Amendment of local environmental plans and deemed environmental | Schedule 3 |
| planning instruments |
[3] Schedule 2 Cluster housing
Omit “has given the Environment Protection Authority notice of the development application and the Council” and “after taking into account any submission made by that Authority to the Council about those matters within 28 days after the notice is sent” from paragraph (b) of the matter relating to Lots 1 and 2, DP 772168, Parish of Carwoola.
3.200 Yarrowlumla Local Environmental Plan 2002
[1] Clause 47 What controls apply to the development of heritage items and relics?
Insert at the end of clause 47 (3):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 50 Notice to the Heritage Council
Omit the clause.
[3] Schedule 6 Cluster housing
Omit “has given the Environment Protection Authority notice of the development application and the Council” and “after taking into account any submission made by that Authority to the Council about those matters within 28 days after the notice is sent” from paragraph (b) of the matter relating to lots 1 and 2, DP 772168, Parish of Carwoola.
3.201 Yass Local Environmental Plan 1987
[1] Clause 20 Development along the Barton Highway
Omit the clause.
[2] Clause 24A Acquisition and development of land reserved for roads
Insert before clause 24A (1):
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
[3] Clause 24A (2) (b) (ii)
Omit “under subclause (3)”.
[4] Clause 24A (3)
Omit “and the concurrence of the RTA”.
| 2008 No 571 | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008 |
| Schedule 3 | Amendment of local environmental plans and deemed environmental planning instruments |
[5] Clause 24A (4)
Omit the subclause.
3.202 Young Local Environmental Plan 1991—Urban Lands
[1] Clause 15 Heritage items
Insert at the end of clause 15 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 18 Heritage advertisements
Omit clause 18 (1) (b).
3.203 Young Local Environmental Rural Plan 1993
[1] Clause 23 Heritage items
Insert at the end of clause 23 (2):
Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
[2] Clause 26 Heritage advertisements
Omit clause 26 (1) (b).
BY AUTHORITY
0
0
0