{"id":"nsw:sl-2018-0067","name":"Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017","slug":"environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"67 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176644,"registerId":"nsw-nsw:sl-2018-0067-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017](/view/html/inforce/current/sl-2018-0067).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the commencement of Schedule 13 to the [Environmental Planning and Assessment Amendment Act 2017](/view/html/repealed/current/act-2017-060).\n> \n> Note.\n> \n> See section 10.16 of the Act for provisions relating to the making of this Regulation and the application to this Regulation of provisions of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) and the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2017","content":"# Part 2 Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2017\n\nPart 2 Provisions consequent on enactment of [Environmental Planning and Assessment Amendment Act 2017](/view/html/repealed/current/act-2017-060)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions—Part 2","content":"#### 4 Definitions—Part 2\n\n4 Definitions—Part 2\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment Amendment Act 2017](/view/html/repealed/current/act-2017-060).\n> \n> assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.\n> \n> former building and subdivision provisions means—\n> \n> > (a) sections 81A(2)–(6) and 86 of the Act, as in force immediately before the substitution of those provisions by the amending Act, and\n> \n> > (b) Part 4A of the Act, as in force immediately before the repeal of that Part by the amending Act, and the regulations made under that Part as so in force.\n> \n> liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent and whether personal or assignable).\n> \n> rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent and whether personal or assignable).\n> \n> **cl 4:** Am 2019 (571), Sch 3\\[1\\].","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Interpretation—renumbered or relocated provisions of Act","content":"#### 4A Interpretation—renumbered or relocated provisions of Act\n\n4A Interpretation—renumbered or relocated provisions of Act\n\n> > (1) In this clause—\n> > \n> > document means any Act or statutory or other instrument or any contract or agreement, and includes any document issued or made under or for the purposes of any Act or statutory or other instrument.\n> \n> > (2) A reference in any document (whether enacted, issued or made before or after the commencement of this clause) to a provision of the Act that has been renumbered or relocated by the [Environmental Planning and Assessment Amendment Act 2017](/view/html/repealed/current/act-2017-060) is taken to be a reference to the renumbered or relocated provision. Anything done or omitted to be done under any such provision of the Act before it was renumbered or relocated is taken to have been done or omitted under the provision as renumbered or relocated.\n> \n> > (3) A reference in any document (whether enacted, issued or made before or after the commencement of this clause) to any such renumbered or relocated provision of the Act is taken to include a reference to the provision before it was renumbered or relocated.\n> \n> > (4) This clause is subject to any contrary intention in the provision in which a relevant reference occurs.\n> \n> > (5) In this clause—\n> > \n> > relocated includes repealed and re-enacted, with or without modification.\n> \n> Note.\n> \n> See the concordance table of renumbered and relocated provisions at the end of historical notes to the in-force version of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) on the NSW legislation website.\n> \n> **cl 4A:** Ins 2018 (66), Sch 1 \\[1\\]. Am 2018 (89), Sch 1 \\[1\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation of transferred provisions not affected by transfer","content":"#### 5 Interpretation of transferred provisions not affected by transfer\n\n5 Interpretation of transferred provisions not affected by transfer\n\n> The provisions of Schedules 1, 2 and 3 are, to the extent that as a result of the amending Act they re-enact provisions of the Act, transferred provisions to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Ministerial corporation sole","content":"#### 6 Ministerial corporation sole\n\n6 Ministerial corporation sole\n\n(cf previous s 8)\n\n> > (1) The Planning Ministerial Corporation constituted under this Act is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the corporation constituted as the “Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)” under section 8 of the Act immediately before the repeal of that section by the amending Act.\n> \n> > (2) Without limiting the operation of this clause, the assets, rights and liabilities of the corporation so constituted are the assets, rights and liabilities of the Planning Ministerial Corporation.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Planning Assessment Commission","content":"#### 7 Planning Assessment Commission\n\n7 Planning Assessment Commission\n\n(cf previous s 23B)\n\n> > (1) The Independent Planning Commission constituted under the Act is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the Planning Assessment Commission established under section 23B of the Act immediately before the repeal of that section by the amending Act.\n> \n> > (2) Without limiting the operation of this clause, the assets, rights and liabilities of the Planning Assessment Commission are the assets, rights and liabilities of the Independent Planning Commission constituted under the Act.\n> \n> > (3) A person holding office as a member of the Planning Assessment Commission immediately before the commencement of this clause is taken to have been appointed as a member of the Independent Planning Commission for the balance of the member’s term of office under the Act.\n> \n> > (4) A determination (or purported determination) by the chairperson of the Planning Assessment Commission before the commencement of this clause for the Commission to be constituted by more or fewer than 3 members for the purposes of exercising its functions with respect to a particular matter is taken to be, and always to have been, valid.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Sydney planning panels","content":"#### 8 Sydney planning panels\n\n8 Sydney planning panels\n\n> > (1) A person holding office as a member of a Sydney planning panel (including a council nominee) under Part 3 of the [Greater Sydney Commission Act 2015](/view/html/repealed/current/act-2015-057) immediately before the commencement of this clause is taken to have been appointed or nominated as a member of the corresponding Sydney district planning panel established under the Act for the balance of the person’s term of office.\n> \n> > (2) A reference in this clause to a member includes a reference to an alternate of a member appointed under the [Greater Sydney Commission Act 2015](/view/html/repealed/current/act-2015-057).","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Joint regional planning panels","content":"#### 9 Joint regional planning panels\n\n9 Joint regional planning panels\n\n> > (1) A person holding office as a member of a joint regional planning panel (including a council nominee) under section 23G of, and Schedule 4 to, the Act immediately before the commencement of this clause is taken to have been appointed or nominated as a member of the corresponding regional planning panel established under the Act for the balance of the person’s term of office.\n> \n> > (2) A reference in this clause to a member includes a reference to an alternate of a member appointed under the Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Local planning panels","content":"#### 10 Local planning panels\n\n10 Local planning panels\n\n> > (1) A person holding office as a member of a local planning panel under section 23K immediately before the commencement of this clause is taken to have been appointed by the applicable council as a member of a local planning panel under the Act for the balance of the person’s term of office.\n> \n> > (2) A reference in this clause to a member includes a reference to an alternate of a member appointed under the Act.","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Mining and Petroleum Gateway Panel","content":"#### 10A Mining and Petroleum Gateway Panel\n\n10A Mining and Petroleum Gateway Panel\n\n> > (1) The Mining and Petroleum Gateway Panel constituted by the Minister under clause 17N of the [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007](/view/html/repealed/current/epi-2007-0065) immediately before the substitution of that clause by Schedule 11.7 to the amending Act is taken to have been constituted under that clause, as so substituted, as a subcommittee of the Independent Planning Commission.\n> \n> > (2) A person holding office as a member of the Panel immediately before the substitution of clause 17N is taken to have been appointed as a member of the Panel (as constituted in accordance with this clause) for the balance of the person’s term of office.\n> \n> **cl 10A:** Ins 2018 (66), Sch 1 \\[2\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Existing delegations","content":"#### 11 Existing delegations\n\n11 Existing delegations\n\n> A delegation of a function under section 23 of the Act (as in force before the repeal of that section by the amending Act) is, on that repeal, taken to be a delegation of that function under section 2.4 of the Act.","sortOrder":14},{"sectionNumber":"11A","sectionType":"section","heading":"First local strategic planning statements prepared by councils","content":"#### 11A First local strategic planning statements prepared by councils\n\n11A First local strategic planning statements prepared by councils\n\n> > (1) The council of an area is required to make its first local strategic planning statement under section 3.9 of the Act (as inserted by the amending Act)—\n> > \n> > > (a) in the case of an area within the Greater Sydney Region—before 31 March 2020, or\n> > \n> > > (b) in any other case—before 1 July 2020.\n> \n> > (2) The council of an area within the Greater Sydney Region is required to exhibit a draft local strategic planning statement before 1 October 2019.\n> \n> **cl 11A:** Ins 2018 (66), Sch 1 \\[3\\]. Am 2018 (500), Sch 3 \\[1\\]–\\[3\\]; 2019 (282), cl 3 (1) (2).","sortOrder":15},{"sectionNumber":"11B","sectionType":"section","heading":"Planning instruments—local plan-making authority for pending proposals","content":"#### 11B Planning instruments—local plan-making authority for pending proposals\n\n11B Planning instruments—local plan-making authority for pending proposals\n\n> > (1) A gateway determination may authorise a council to make a local environmental plan in accordance with section 3.34(2)(g) of the Act, as inserted by the amending Act, even if it relates to a planning proposal made before the commencement of section 3.34(2)(g) of the Act.\n> \n> > (2) A delegation under the Act to a council to make a local environmental plan in relation to a planning proposal that was the subject of a gateway determination made before that commencement is taken to be an authorisation under section 3.34(2)(g) of the Act.\n> \n> **cl 11B:** Ins 2018 (66), Sch 1 \\[3\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Registration of consent on NSW planning portal","content":"#### 12 Registration of consent on NSW planning portal\n\n12 Registration of consent on NSW planning portal\n\n> A provision of the Act inserted by the amending Act that provides for the registration of a development consent or other approval on the NSW planning portal is taken, until the planning portal provides a facility for that registration, to provide for the notification of the consent or approval to the applicant for the consent or approval.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Construction of references to Part 5 or 5.1 of Act","content":"#### 13 Construction of references to Part 5 or 5.1 of Act\n\n13 Construction of references to Part 5 or 5.1 of Act\n\n> > (1) Without limiting clause 4A, a reference in any Act or statutory or other instrument under an Act, or in any contract or agreement, to Part 5 or Part 5.1 of the Act is, on and after the amendment of that Part by the amending Act, to be read as a reference to Division 5.1 or Division 5.2, respectively, of Part 5 of the Act.\n> \n> > (2) This clause does not apply to any such reference in the Act or this Regulation and is subject to any contrary intention in the provision in which the reference occurs.\n> \n> **cl 13:** Am 2018 (66), Sch 1 \\[4\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Existing building and other Part 4A certificates etc","content":"#### 14 Existing building and other Part 4A certificates etc\n\n14 Existing building and other Part 4A certificates etc\n\n> > (1) A certificate that was issued under Part 4A of the Act (as in force immediately before the repeal of that Part) and that continues to have effect is taken to be a corresponding certificate issued under Part 6 of the Act.\n> \n> > (2) Part 4A of the Act (as in force immediately before the repeal of that Part) continues to apply to an application for a certificate under that Part pending on the repeal of that Part. Subclause (1) extends to a certificate issued on the determination of any such application.\n> \n> > (3) A subdivision works certificate is not required under section 6.13 of the Act (as inserted by the amending Act) for the carrying out of subdivision work in accordance with a development consent granted before the commencement of that section.\n> \n> **cl 14:** Am 2018 (66), Sch 1 \\[5\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Proceedings to declare CDC’s and certificates under Part 6 invalid","content":"#### 15 Proceedings to declare CDC’s and certificates under Part 6 invalid\n\n15 Proceedings to declare CDC’s and certificates under Part 6 invalid\n\n> > (1) Section 4.31 of the Act (as inserted by the amending Act) does not apply to any proceedings commenced in the Court before the commencement of that section.\n> \n> > (2) Section 6.32 of the Act (as inserted by the amending Act) does not apply to any proceedings commenced in the Court before the commencement of that section.\n> \n> **cl 15:** Ins 2018 (66), Sch 1 \\[6\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Community participation plans","content":"#### 16 Community participation plans\n\n16 Community participation plans\n\n> > (1) A planning authority is required to prepare its first community participation plan under section 2.23 of the Act (as inserted by the amending Act) before 1 December 2019.\n> \n> > (2) Until the first community participation plan of a planning authority is prepared and published, mandatory community participation requirements under Schedule 1 to the Act that are to be determined by reference to the community participation plan of the planning authority are required to be determined by reference to the requirements of or made under the Act that would have applied but for the enactment of the amending Act.\n> \n> **cl 16:** Ins 2018 (66), Sch 1 \\[6\\]. Am 2018 (500), Sch 3 \\[4\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Public notification of reasons for planning decisions and how community views taken into account","content":"#### 17 Public notification of reasons for planning decisions and how community views taken into account\n\n17 Public notification of reasons for planning decisions and how community views taken into account\n\n> The mandatory notification requirements under clause 20(2)(c) and (d) of Schedule 1 to the Act do not apply to a decision made before 1 July 2018.\n> \n> **cl 17:** Ins 2018 (66), Sch 1 \\[6\\]. Am 2018 No 25, Sch 5.14 \\[1\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Postponement of revised building and subdivision certification provisions","content":"#### 18 Postponement of revised building and subdivision certification provisions\n\n18 Postponement of revised building and subdivision certification provisions\n\n> > (1) (Repealed)\n> \n> > (2) Until 1 December 2019, Part 6 of the Act (as inserted by the amending Act), other than Division 6.7, does not apply and the former building and subdivision provisions continue to apply in respect of a matter (whether or not the matter was pending on the repeal of those provisions).\n> \n> > (3) For the avoidance of doubt, the following provisions as in force immediately before 1 March 2018 continue to apply to and in respect of a breach, occurring on or after that day, of a former building and subdivision provision—\n> > \n> > > (a) Division 4 of Part 6 of the Act,\n> > \n> > > (b) any other provision of the Act, or a regulation made under the Act, that provides for the prosecution of an offence in relation to the breach, including by way of issuing a penalty notice.\n> \n> **cl 18:** Ins 2018 (66), Sch 1 \\[6\\]. Am 2018 (89), Sch 1 \\[2\\] \\[3\\]; 2018 (500), Sch 3 \\[5\\] \\[6\\]; 2018 (787), cl 3; 2019 (426), Sch 2 \\[2\\]; 2019 (571), Sch 3\\[2\\].","sortOrder":23},{"sectionNumber":"18A","sectionType":"section","heading":"Continuation of matters arising under former building and subdivision certification provisions","content":"#### 18A Continuation of matters arising under former building and subdivision certification provisions\n\n18A Continuation of matters arising under former building and subdivision certification provisions\n\n> The former building and subdivision provisions continue to apply, despite their repeal, to or in respect of the following—\n> \n> > (a) an interim occupation certificate or final occupation certificate in force under those provisions immediately before 1 December 2019,\n> \n> > (b) a development consent granted before that date.\n> \n> **cl 18A:** Ins 2019 (426), Sch 2\\[3\\].","sortOrder":24},{"sectionNumber":"18B","sectionType":"section","heading":null,"content":"#### 18B\n\n18B–18D (Repealed)","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"References to Minister as consent authority for State significant development","content":"#### 19 References to Minister as consent authority for State significant development\n\n19 References to Minister as consent authority for State significant development\n\n> > (1) In this clause—\n> > \n> > document includes any Act, statutory instrument, contract, agreement or other instrument issued or made under or for the purposes of any Act or statutory or other instrument.\n> \n> > (2) A reference in section 7.14 or 7.16(3) of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or in any other document, to the Minister for Planning as consent authority for an application for development consent for State significant development includes a reference to the Independent Planning Commission as consent authority for any such application as a consequence of the enactment of section 4.5(a) of the Act by Schedule 4.1 to the [Environmental Planning and Assessment Amendment Act 2017](/view/html/repealed/current/act-2017-060).\n> \n> **cl 19:** Ins 2018 (363), Sch 2 \\[1\\].","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Community consultation","content":"#### 20 Community consultation\n\n20 Community consultation\n\n> Section 57 of the Act, as in force immediately before the repeal of that section by the amending Act, continues to have effect for the purposes of section 29 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **cl 20:** Ins 2018 (500), Sch 3 \\[7\\].","sortOrder":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions consequent on enactment of Planning Legislation Amendment (Greater Sydney Commission) Act 2018","content":"# Part 3 Provisions consequent on enactment of Planning Legislation Amendment (Greater Sydney Commission) Act 2018\n\nPart 3 Provisions consequent on enactment of [Planning Legislation Amendment (Greater Sydney Commission) Act 2018](/view/html/repealed/current/act-2018-066)\n\n**pt 3:** Ins 2018 No 66, Sch 3.2 \\[1\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Continuation of LEP-making processes for areas in Greater Sydney Region","content":"#### 21 Continuation of LEP-making processes for areas in Greater Sydney Region\n\n21 Continuation of LEP-making processes for areas in Greater Sydney Region\n\n> > (1) The Minister may, on or after the commencement of this clause, make a local environmental plan that applies to a local government area in the Greater Sydney Region even though the process under Part 3 of the Act (including the preparation of the relevant planning proposal, community consultation and gateway determination) was commenced, or occurred, before that commencement.\n> \n> > (2) For that purpose, anything done by or for the Greater Sydney Commission before that commencement under Part 3 of the Act in connection with the proposed plan is taken to have been done by or for the Minister.\n> \n> > (3) Nothing in this clause prevents a council designated, before that commencement, as the local plan-making authority for a local environmental plan that applies to a local government area in the Greater Sydney Region from making the plan.\n> \n> **cl 21:** Ins 2018 No 66, Sch 3.2 \\[1\\].","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Delegation of plan-making powers","content":"#### 22 Delegation of plan-making powers\n\n22 Delegation of plan-making powers\n\n> > (1) Any delegation by the Greater Sydney Commission of any of the Commission’s functions under Part 3 of the Act (as in force before 10 December 2018) relating to the making of local environmental plans that apply to local government areas in the Greater Sydney Region, being a delegation in force immediately before that day, is taken to be a delegation by the Minister of those functions.\n> \n> > (2) Accordingly a reference to the Greater Sydney Commission in the instrument of any such existing delegation is taken to be a reference to the Minister.\n> \n> **cll 22:** Ins 2018 (716), Sch 1 \\[1\\].","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Consultation about proposed instruments and planning proposals in Greater Sydney Region","content":"#### 23 Consultation about proposed instruments and planning proposals in Greater Sydney Region\n\n23 Consultation about proposed instruments and planning proposals in Greater Sydney Region\n\n> > (1) Section 3.30(2) of the Act, as inserted by the [Planning Legislation Amendment (Greater Sydney Commission) Act 2018](/view/html/repealed/current/act-2018-066), does not apply to an environmental planning instrument made by the Governor before 1 January 2019.\n> \n> > (2) Section 3.34(3A) and (3B) of the Act, as inserted by the [Planning Legislation Amendment (Greater Sydney Commission) Act 2018](/view/html/repealed/current/act-2018-066), do not apply in respect of the determination of a planning proposal by the Minister until on and after 1 January 2019.\n> \n> **cll 23:** Ins 2018 (716), Sch 1 \\[1\\].","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provision consequent on commencement of Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018","content":"# Part 4 Provision consequent on commencement of Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018\n\nPart 4 Provision consequent on commencement of [Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018](/view/pdf/asmade/sl-2018-756)\n\n**pt 4 (cl 24):** Ins 2018 (756), Sch 2.","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Payment of fees for integrated development and development requiring concurrence through NSW planning portal","content":"#### 24 Payment of fees for integrated development and development requiring concurrence through NSW planning portal\n\n24 Payment of fees for integrated development and development requiring concurrence through NSW planning portal\n\n> > (1) The [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), as in force immediately before the commencement of the [Environmental Planning and Assessment Amendment (Integrated Development and Concurrences) Regulation 2018](/view/pdf/asmade/sl-2018-756), continues to apply in relation to a development application lodged before 1 January 2020 as if Schedule 1\\[1\\], \\[3\\], \\[7\\] and \\[11\\] to that Regulation had not been made.\n> \n> > (2) Subclause (1) does not apply in relation to a development application if—\n> > \n> > > (a) the Planning Secretary has, by order published in the Gazette, exempted a consent authority from the application of the subclause on and from a specified day, and\n> > \n> > > (b) the development application is lodged with the consent authority on or after that day.\n> \n> **pt 4 (cl 24):** Ins 2018 (756), Sch 2.","sortOrder":34},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on amendments to BCA","content":"# Part 5 Provisions consequent on amendments to BCA\n\nPart 5 Provisions consequent on amendments to BCA\n\n**pt 5 (cl 25):** Ins 2019 (187), cl 3.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"References to AS 3959 in Building Code of Australia","content":"#### 25 References to AS 3959 in Building Code of Australia\n\n25 References to AS 3959 in Building Code of Australia\n\n> > (1) A reference in the Building Code of Australia to “AS 3959 as amended by Planning for Bush Fire Protection” (however worded) is for the purposes of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) taken to be a reference to Australian Standard AS 3959—2009, Construction of buildings in bushfire-prone areas as amended by Planning for Bush Fire Protection 2006—Addendum: Appendix 3 dated 2010.\n> \n> > (2) This clause ceases to have effect when clause 272 of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) is amended or substituted to update the reference to the version of Planning for Bush Fire Protection dated December 2006 to a later version of that document.\n> \n> **pt 5 (cl 25):** Ins 2019 (187), cl 3.","sortOrder":36},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on commencement of Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2020","content":"# Part 6 Provisions consequent on commencement of Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2020\n\nPart 6 Provisions consequent on commencement of Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2020\n\n**pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Definitions","content":"#### 26 Definitions\n\n26 Definitions\n\n> In this Part—\n> \n> amending regulation means the Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2020.\n> \n> principal regulation means the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).\n> \n> **pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Practice notes about planning agreements","content":"#### 27 Practice notes about planning agreements\n\n27 Practice notes about planning agreements\n\n> Clause 25B(3) of the principal regulation does not apply to a new planning agreement or an amendment or revocation of an existing planning agreement if public notice of the agreement, amendment or revocation has been given under section 7.5 of the Act before the commencement of clause 25B(3).\n> \n> **pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Annual statements and financial reports","content":"#### 28 Annual statements and financial reports\n\n28 Annual statements and financial reports\n\n> Clauses 25F(3)(d), 25G(3)(d) and 25H(3)(d) of the principal regulation do not apply to a planning agreement entered into before the commencement of the paragraphs.\n> \n> **pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":40},{"sectionNumber":"29","sectionType":"section","heading":"Contributions register","content":"#### 29 Contributions register\n\n29 Contributions register\n\n> Clause 34(2)(a) of the principal regulation as substituted by the amending regulation does not apply to a development application received before the substitution.\n> \n> **pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Accounting for contributions and levies","content":"#### 30 Accounting for contributions and levies\n\n30 Accounting for contributions and levies\n\n> Clause 35(1A) of the principal regulation does not apply to a contribution received before the commencement of that subclause.\n> \n> **pt 6 (cll 26–30):** Ins 2021 (40), Sch 2.","sortOrder":42},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of Greater Cities Commission Act 2022","content":"# Part 7 Provisions consequent on enactment of Greater Cities Commission Act 2022\n\nPart 7 Provisions consequent on enactment of [Greater Cities Commission Act 2022](/view/html/repealed/current/act-2022-008)\n\n**pt 7:** Ins 2022 No 8, Sch 4.2.","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Definitions","content":"#### 31 Definitions\n\n31 Definitions\n\n> In this Part—\n> \n> city has the same meaning as in the new Act.\n> \n> district strategic plan has the same meaning as in the Act, Division 3.1.\n> \n> former Act means the [Greater Sydney Commission Act 2015](/view/html/repealed/current/act-2015-057) as in force immediately before its repeal by the new Act.\n> \n> new Act means the [Greater Cities Commission Act 2022](/view/html/repealed/current/act-2022-008).\n> \n> regional strategic plan has the same meaning as in the Act, Division 3.1.\n> \n> Six Cities Region has the same meaning as in the new Act.\n> \n> **cl 31:** Ins 2022 No 8, Sch 4.2.","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Greater Sydney Regional Plan and Sydney district plans","content":"#### 32 Greater Sydney Regional Plan and Sydney district plans\n\n32 Greater Sydney Regional Plan and Sydney district plans\n\n> > (1) The regional strategic plan entitled Greater Sydney Region Plan—A Metropolis of Three Cities continues to have effect until a regional strategic plan is made for the Six Cities Region.\n> \n> > (2) The following district strategic plans continue to have effect until district strategic plans are made for the Eastern Harbour City, the Central River City and the Western Parkland City—\n> > \n> > > (a) Eastern City District Plan,\n> > \n> > > (b) Central City District Plan,\n> > \n> > > (c) North District Plan,\n> > \n> > > (d) South District Plan,\n> > \n> > > (e) Western City District Plan.\n> \n> **cl 32:** Ins 2022 No 8, Sch 4.2.","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Illawarra Shoalhaven Regional Plan 2041","content":"#### 33 Illawarra Shoalhaven Regional Plan 2041\n\n33 Illawarra Shoalhaven Regional Plan 2041\n\n> The Illawarra Shoalhaven Regional Plan 2041 continues to have effect, as if it were a district strategic plan, until a district strategic plan is made for the Illawarra-Shoalhaven City.\n> \n> **cl 33:** Ins 2022 No 8, Sch 4.2.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Existing and draft Central Coast Regional Plans","content":"#### 34 Existing and draft Central Coast Regional Plans\n\n34 Existing and draft Central Coast Regional Plans\n\n> > (1) The Central Coast Regional Plan 2036 continues to have effect, as if it were a district strategic plan, until the plan referred to in subclause (2) commences.\n> \n> > (2) A regional strategic plan for the Central Coast region within the meaning of the Act, Division 3.1, immediately before its amendment by the new Act, is to be prepared and made under the Division as if the Division had not been amended by the new Act.\n> \n> > (3) The plan referred to in subclause (2) has effect, as if it were a district strategic plan, until a district strategic plan is made for the Central Coast City.\n> \n> **cl 34:** Ins 2022 No 8, Sch 4.2.","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Existing and draft Hunter Regional Plans","content":"#### 35 Existing and draft Hunter Regional Plans\n\n35 Existing and draft Hunter Regional Plans\n\n> > (1) The Hunter Regional Plan 2036 continues to have effect, as if it were a district strategic plan, until the plan referred to in subclause (2) commences.\n> \n> > (2) A regional strategic plan for the Hunter region within the meaning of the Act, Division 3.1, immediately before its amendment by the new Act, is to be prepared and made under the Division as if the Division had not been amended by the new Act.\n> \n> > (3) The plan referred to in subclause (2) has effect—\n> > \n> > > (a) for the Lower Hunter and Greater Newcastle City of the Six Cities Region—as if it were a district strategic plan, until a district strategic plan is made for the City, and\n> > \n> > > (b) for the remainder of the Hunter region—as if it were a regional strategic plan, until a regional strategic plan is for the land.\n> \n> **cl 35:** Ins 2022 No 8, Sch 4.2.","sortOrder":48},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transferred savings, transitional and other provisions—former Schedule 6 to the Act","content":"# Schedule 1 Transferred savings, transitional and other provisions—former Schedule 6 to the Act\n\nSchedule 1 Transferred savings, transitional and other provisions—former Schedule 6 to the Act\n\n**sch 1:** Ins 2017 No 60, Sch 10.2 \\[6\\] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203). Am 2018 (66), Sch 1 \\[7\\]; 2018 (89), Sch 1 \\[4\\]; 2018 No 25, Sch 5.14 \\[2\\].","sortOrder":49},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Environmental Planning Legislation Amendment Act 1995","content":"# Part 2A Environmental Planning Legislation Amendment Act 1995\n\nPart 2A [Environmental Planning Legislation Amendment Act 1995](/view/pdf/asmade/act-1995-90)","sortOrder":55},{"sectionNumber":"3A","sectionType":"section","heading":"Application of amendment","content":"#### 3A Application of amendment\n\n3A Application of amendment\n\n> > (1) The amendment made by the amending Act extends to the consents granted by Port Stephens Shire Council on 7 June 1978 and 28 March 1979 to RZM (Newcastle) Limited in respect of mineral sandmining on land comprised in Mining Leases 594, 1226 and 744 despite the decision of the Land and Environment Court in Paul Winn v Director-General of National Parks and Wildlife and RZM Pty Limited(No 40209 of 1995).\n> \n> > (2) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.\n> \n> > (3) In this clause—\n> > \n> > amending Act means the [Environmental Planning Legislation Amendment Act 1995](/view/pdf/asmade/act-1995-90).","sortOrder":56},{"sectionNumber":"Part 8","sectionType":"part","heading":"Sydney Cove Redevelopment Authority Amendment Act 1998","content":"# Part 8 Sydney Cove Redevelopment Authority Amendment Act 1998\n\nPart 8 [Sydney Cove Redevelopment Authority Amendment Act 1998](/view/pdf/asmade/act-1998-32)","sortOrder":85},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001","content":"# Part 8A Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001\n\nPart 8A [Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001](/view/html/repealed/current/act-2001-126)","sortOrder":92},{"sectionNumber":"32A","sectionType":"section","heading":"Definitions","content":"#### 32A Definitions\n\n32A Definitions\n\n> > (1) In this Part—\n> > \n> > existing Part 5 approval means a Part 5 approval granted before the commencement of this clause and in force immediately before that commencement.\n> > \n> > Part 5 approval means an approval (however described or arrived at) within the meaning of Part 5 relating to a ski resort area.\n> > \n> > ski resort area means an area of land within the national park reserved for the time being under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and known as Kosciuszko National Park, that is identified for the purposes of this clause by the Minister by order published in the Gazette.\n> \n> > (2) An order may be made for the purposes of the definition of ski resort area only with the concurrence of the Minister for the Environment.","sortOrder":93},{"sectionNumber":"32B","sectionType":"section","heading":"Transitional regulations relating to ski resort areas in Kosciuszko National Park","content":"#### 32B Transitional regulations relating to ski resort areas in Kosciuszko National Park\n\n32B Transitional regulations relating to ski resort areas in Kosciuszko National Park\n\n> The regulations may make provision, in relation to a ski resort area, for or with respect to the following—\n> \n> > (a) savings and transitional matters arising from development consent being required by an environmental planning instrument for any activity within a ski resort area that did not previously require development consent,\n> \n> > (b) converting any existing Part 5 approval into a current development consent,\n> \n> > (c) converting any certificate, permission or other authority given for the purposes of an existing Part 5 approval (or any requirement for such a certificate, permission or other authority) into a Part 4A certificate (or into a requirement for a Part 4A certificate),\n> \n> > (d) authorising the Secretary to issue a certificate certifying that any existing Part 5 approval, certificate, permission or other authority is to be treated as a current development consent or a Part 4A certificate,\n> \n> > (e) providing that any activity carried out in a ski resort area in accordance with any specified instrument, or any instrument of a specified class, in existence immediately before the commencement of this clause, is taken to be carried out in accordance with a development consent,\n> \n> > (f) enabling anything lodged in connection with an application for a Part 5 approval that has been lodged before the commencement of this clause, but not determined before that commencement, to be accepted as lodged in connection with an application for a development consent,\n> \n> > (g) any matter that is ancillary or incidental to, or otherwise related to, a matter referred to in any of the preceding paragraphs, but only to the extent to which the matter relates to an activity or development in a ski resort area.","sortOrder":94},{"sectionNumber":"32C","sectionType":"section","heading":"Modification of Act with respect to ski resort areas","content":"#### 32C Modification of Act with respect to ski resort areas\n\n32C Modification of Act with respect to ski resort areas\n\n> > (1) The regulations may modify the application of any provision of the Act to or in respect of a ski resort area, but only in relation to—\n> > \n> > > (a) the person or authority to be responsible for exercising any function, or complying with any requirement, under the Act, under any existing Part 5 approval converted by regulations under this Part or under any certificate, permission or other authority given for the purposes of any such approval, and\n> > \n> > > (b) the way in which such functions are to be exercised or such requirements are to be complied with.\n> \n> > (2) Despite any other provision of the Act—\n> > \n> > > (a) the Minister is the consent authority for all development applications relating to land within a ski resort area and a regulation made pursuant to this Part can not make a council responsible for exercising any other function referred to in subclause (1), and\n> > \n> > > (b) a regulation may be made pursuant to this Part for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and\n> > \n> > > (c) a State environmental planning policy may be made for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and\n> > \n> > > (d) any other environmental planning instrument for or with respect to a ski resort area may be made by the Minister only after consultation with the Minister for the Environment.\n> > \n> > If the Minister recommends that any such regulation or State environmental planning policy be made, or makes any such other environmental planning instrument, against the advice of the Minister for the Environment, the Minister is to publish the reasons for making the recommendation or instrument in the same Gazette as that in which the regulation, policy or instrument is published.\n> \n> > (3) When consulting with the Minister about whether a recommendation should be made for the making of a regulation or State environmental planning policy, and about whether any other environmental planning instrument should be made, for or with respect to a ski resort area, the Minister for the Environment must take into account whether the proposed regulation, policy or instrument—\n> > \n> > > (a) promotes the objects of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and\n> > \n> > > (b) is consistent with the plan of management under that Act for the land concerned.","sortOrder":95},{"sectionNumber":"32D","sectionType":"section","heading":"Application of Chapter 7 of Local Government Act 1993 to ski resort areas","content":"#### 32D Application of Chapter 7 of Local Government Act 1993 to ski resort areas\n\n32D Application of Chapter 7 of [Local Government Act 1993](/view/html/inforce/current/act-1993-030) to ski resort areas\n\n> > (1) Except as may otherwise be provided by the regulations, Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) does not apply to or in respect of a ski resort area.\n> \n> > (2) A regulation made for the purposes of this clause may modify the application of any provision of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) to or in respect of a ski resort area.","sortOrder":96},{"sectionNumber":"32E","sectionType":"section","heading":"Effect of certain regulations","content":"#### 32E Effect of certain regulations\n\n32E Effect of certain regulations\n\n> To remove any doubt, a regulation made pursuant to this Schedule can not have the effect of making any provision prevail over the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).","sortOrder":97},{"sectionNumber":"32F","sectionType":"section","heading":"State of the environment report","content":"#### 32F State of the environment report\n\n32F State of the environment report\n\n> > (1) The Secretary is to present to the Minister a report as to the state of the environment in each ski resort area on each second anniversary of the day on which this clause commenced.\n> \n> > (2) Section 428(2)(c) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) applies to the content of a state of the environment report under this clause, except that references in that paragraph to a council are to be read as references to the Department and the National Parks and Wildlife Service.\n> \n> > (3) Copies of each report must be furnished to such persons and bodies as are prescribed under section 428(3) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":98},{"sectionNumber":"Part 9","sectionType":"part","heading":"Environmental Planning and Assessment Amendment Act 1999","content":"# Part 9 Environmental Planning and Assessment Amendment Act 1999\n\nPart 9 [Environmental Planning and Assessment Amendment Act 1999](/view/html/repealed/current/act-1999-072)","sortOrder":99},{"sectionNumber":"36","sectionType":"section","heading":"Apportionment of liability","content":"#### 36 Apportionment of liability\n\n36 Apportionment of liability\n\n> Section 109ZJ, as amended by the [Environmental Planning and Assessment Amendment Act 1999](/view/html/repealed/current/act-1999-072), does not apply to or in respect of any development referred to in clause 34 of the [Environmental Planning and Assessment (Savings and Transitional) Regulation 1998](/view/html/repealed/current/sl-1998-0356).","sortOrder":103},{"sectionNumber":"37","sectionType":"section","heading":"Entry to residences for building certificate inspections","content":"#### 37 Entry to residences for building certificate inspections\n\n37 Entry to residences for building certificate inspections\n\n> Section 118J, as amended by the [Environmental Planning and Assessment Amendment Act 1999](/view/html/repealed/current/act-1999-072), extends to an application for a building certificate that was made before the commencement of the amendment.","sortOrder":104},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000","content":"# Part 9A Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000\n\nPart 9A [Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000](/view/html/repealed/current/act-2000-029)","sortOrder":105},{"sectionNumber":"37A","sectionType":"section","heading":"Compensation","content":"#### 37A Compensation\n\n37A Compensation\n\n> > (1) To remove any doubt, the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) does not apply to anything done or required to be done pursuant to a consent granted before or after 5 June 2000 (the commencement of the amending Act) in accordance with a provision referred to in section 7(1)(a), (b) or (c) of the amending Act.\n> \n> > (2) Subclause (1) re-enacts (with minor modifications) section 9 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.\n> \n> > (3) In this clause—\n> > \n> > amending Act means the [Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000](/view/html/repealed/current/act-2000-029).","sortOrder":106},{"sectionNumber":"Part 10","sectionType":"part","heading":"Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001","content":"# Part 10 Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001\n\nPart 10 [Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001](/view/html/repealed/current/act-2001-093)","sortOrder":107},{"sectionNumber":"38","sectionType":"section","heading":"Definition","content":"#### 38 Definition\n\n38 Definition\n\n> In this Part—\n> \n> amending Act means the [Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001](/view/html/repealed/current/act-2001-093).","sortOrder":108},{"sectionNumber":"39","sectionType":"section","heading":"Pending applications for approvals for places of public entertainment","content":"#### 39 Pending applications for approvals for places of public entertainment\n\n39 Pending applications for approvals for places of public entertainment\n\n> Any application for an approval under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause—\n> \n> > (a) for use of a building or temporary structure as a place of public entertainment, or\n> \n> > (b) for the installation of a temporary structure on land,\n> \n> being an application that had been made, but not determined, before the commencement of this clause is to be determined under that Act as if the amending Act had not been enacted.","sortOrder":109},{"sectionNumber":"40","sectionType":"section","heading":"Conditions applying to places of public entertainment","content":"#### 40 Conditions applying to places of public entertainment\n\n40 Conditions applying to places of public entertainment\n\n> > (1) Subject to the regulations under the Act, the conditions applying to the use of a building as a place of public entertainment—\n> > \n> > > (a) pursuant to any regulation in force under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, or\n> > \n> > > (b) pursuant to any approval in force under Part 1 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, including an approval granted as referred to in clause 39, or\n> > \n> > > (c) pursuant to any local policy in force under Part 3 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, or\n> > \n> > > (d) pursuant to any exemption in force under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause,\n> > \n> > continue to apply to the use of a building as a place of public entertainment as if those conditions were contained in regulations under the Act.\n> \n> > (2) (Repealed)\n> \n> > (3) This clause does not authorise the use of a building as a place of public entertainment if, apart from this clause, the building may not lawfully be used for that purpose under the Act.\n> \n> > (4) This clause ceases to have effect 2 years after the date on which it commences.","sortOrder":110},{"sectionNumber":"41","sectionType":"section","heading":"Conditions applying to installation of temporary structures","content":"#### 41 Conditions applying to installation of temporary structures\n\n41 Conditions applying to installation of temporary structures\n\n> > (1) Subject to the regulations under the Act, the conditions applying to the installation of a temporary structure on land—\n> > \n> > > (a) pursuant to any regulation in force under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, or\n> > \n> > > (b) pursuant to any approval in force under Part 1 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, including an approval granted as referred to in clause 39, or\n> > \n> > > (c) pursuant to any local policy in force under Part 3 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause, or\n> > \n> > > (d) pursuant to any exemption in force under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), as in force immediately before the commencement of this clause,\n> > \n> > continue to apply to the installation of a temporary structure on land as if those conditions were contained in regulations under the Act.\n> \n> > (2) This clause does not authorise the installation of a temporary structure on land if, apart from this clause, such a structure may not lawfully be installed on the land under the Act.\n> \n> > (3) This clause ceases to have effect 2 years after the date on which it commences.","sortOrder":111},{"sectionNumber":"Part 11","sectionType":"part","heading":"Rural Fires and Environmental Assessment Legislation Amendment Act 2002","content":"# Part 11 Rural Fires and Environmental Assessment Legislation Amendment Act 2002\n\nPart 11 [Rural Fires and Environmental Assessment Legislation Amendment Act 2002](/view/html/repealed/current/act-2002-067)","sortOrder":112},{"sectionNumber":"42","sectionType":"section","heading":"Bush fire prone land","content":"#### 42 Bush fire prone land\n\n42 Bush fire prone land\n\n> > (1) The following land within the area of a council is taken to be bush fire prone land for the area of the council until a bush fire prone land map for the area has been certified by the Commissioner of the NSW Rural Fire Service under section 146—\n> > \n> > > (a) land that is within, or within 100 metres of, a high or medium bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land, and\n> > \n> > > (b) land within, or within 30 metres of, a low bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land.\n> \n> > (2) In this clause—\n> > \n> > bush fire risk management plan has the same meaning as it has in the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).","sortOrder":113},{"sectionNumber":"Part 12","sectionType":"part","heading":"Building Legislation Amendment (Quality of Construction) Act 2002","content":"# Part 12 Building Legislation Amendment (Quality of Construction) Act 2002\n\nPart 12 [Building Legislation Amendment (Quality of Construction) Act 2002](/view/html/repealed/current/act-2002-134)","sortOrder":114},{"sectionNumber":"43","sectionType":"section","heading":"Definition","content":"#### 43 Definition\n\n43 Definition\n\n> In this Part, the 2002 amending Act means the [Building Legislation Amendment (Quality of Construction) Act 2002](/view/html/repealed/current/act-2002-134).","sortOrder":115},{"sectionNumber":"44","sectionType":"section","heading":"Status of certain committees","content":"#### 44 Status of certain committees\n\n44 Status of certain committees\n\n> A committee referred to in section 20 or 22 is taken from the time of its constitution to have been a statutory body representing the Crown.","sortOrder":116},{"sectionNumber":"45","sectionType":"section","heading":"Delegations","content":"#### 45 Delegations\n\n45 Delegations\n\n> Any authorisation granted to the Director-General under clause 199 of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) that was in force immediately before the commencement of section 23(1A), as inserted by the 2002 amending Act, is taken to be a delegation under section 23(1), and may be subdelegated accordingly.","sortOrder":117},{"sectionNumber":"46","sectionType":"section","heading":null,"content":"#### 46\n\n46–56 (Repealed)","sortOrder":118},{"sectionNumber":"57","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 57 Exclusion of personal liability\n\n57 Exclusion of personal liability\n\n> Section 158, as inserted by the 2002 amending Act, extends to matters arising before the commencement of that section.","sortOrder":119},{"sectionNumber":"58","sectionType":"section","heading":null,"content":"#### 58\n\n58–60 (Repealed)","sortOrder":120},{"sectionNumber":"Part 13","sectionType":"part","heading":"Statute Law (Miscellaneous Provisions) Act 2003","content":"# Part 13 Statute Law (Miscellaneous Provisions) Act 2003\n\nPart 13 [Statute Law (Miscellaneous Provisions) Act 2003](/view/html/repealed/current/act-2003-040)","sortOrder":121},{"sectionNumber":"61","sectionType":"section","heading":"Definition","content":"#### 61 Definition\n\n61 Definition\n\n> In this Part, the 2003 amending Act means the [Statute Law (Miscellaneous Provisions) Act 2003](/view/html/repealed/current/act-2003-040).","sortOrder":122},{"sectionNumber":"62","sectionType":"section","heading":"Modification of development consents—generally","content":"#### 62 Modification of development consents—generally\n\n62 Modification of development consents—generally\n\n> Section 96(8), as in force before the amendment made to that subsection by the 2003 amending Act, applies in respect of an application for a modification of a development consent made before the commencement of that amendment.","sortOrder":123},{"sectionNumber":"63","sectionType":"section","heading":"Modification by consent authorities of development consents granted by the Court","content":"#### 63 Modification by consent authorities of development consents granted by the Court\n\n63 Modification by consent authorities of development consents granted by the Court\n\n> > (1) Section 96AA(1A) and (1B), as inserted by the 2003 amending Act, apply only in respect of an application for a modification of a development consent made on or after the commencement of those subsections.\n> \n> > (2) Section 96AA(1C), as inserted by the 2003 amending Act, extends to a modification (of a development consent) granted before the commencement of that subsection.","sortOrder":124},{"sectionNumber":"Part 14","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Development Consents) Act 2003","content":"# Part 14 Environmental Planning and Assessment Amendment (Development Consents) Act 2003\n\nPart 14 [Environmental Planning and Assessment Amendment (Development Consents) Act 2003](/view/html/repealed/current/act-2003-060)","sortOrder":125},{"sectionNumber":"64","sectionType":"section","heading":"Lapsing of development consents for State significant development","content":"#### 64 Lapsing of development consents for State significant development\n\n64 Lapsing of development consents for State significant development\n\n> Section 95B, as inserted by the [Environmental Planning and Assessment Amendment (Development Consents) Act 2003](/view/html/repealed/current/act-2003-060), extends to the following—\n> \n> > (a) any development consent granted pursuant to [State Environmental Planning Policy No 34—Major Employment-Generating Industrial Development](/view/html/repealed/current/epi-1993-0125), or [State Environmental Planning Policy No 48—Major Putrescible Landfill Sites](/view/html/repealed/current/epi-1995-0780), that was determined after 1 July 1998 by the operation of clause 18 or 19 of this Schedule,\n> \n> > (b) any consent granted in response to an application for consent to State significant development made before, but not finally determined on, the commencement of this clause.","sortOrder":126},{"sectionNumber":"65","sectionType":"section","heading":"Voluntary surrender of development consents","content":"#### 65 Voluntary surrender of development consents\n\n65 Voluntary surrender of development consents\n\n> Section 104A, as inserted by the [Environmental Planning and Assessment Amendment (Development Consents) Act 2003](/view/html/repealed/current/act-2003-060), extends to a development consent granted before the commencement of the section.","sortOrder":127},{"sectionNumber":"Part 15","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003","content":"# Part 15 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003\n\nPart 15 [Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003](/view/html/repealed/current/act-2003-095)","sortOrder":128},{"sectionNumber":"66","sectionType":"section","heading":"Definition","content":"#### 66 Definition\n\n66 Definition\n\n> In this Part, the 2003 amending Act means the [Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003](/view/html/repealed/current/act-2003-095).","sortOrder":129},{"sectionNumber":"67","sectionType":"section","heading":"Saving of appointment of Chairperson by Secretary","content":"#### 67 Saving of appointment of Chairperson by Secretary\n\n67 Saving of appointment of Chairperson by Secretary\n\n> The substitution of section 22(3) by the 2003 amending Act does not affect any appointment of a Chairperson under that provision as in force before the substitution.","sortOrder":130},{"sectionNumber":"68","sectionType":"section","heading":"Nature of construction certificate","content":"#### 68 Nature of construction certificate\n\n68 Nature of construction certificate\n\n> Section 80(12), as amended by the 2003 amending Act, extends to any variation to a construction certificate, plan or specification that lawfully occurred before the commencement of that amendment.","sortOrder":131},{"sectionNumber":"69","sectionType":"section","heading":"Commencement of development under development consents","content":"#### 69 Commencement of development under development consents\n\n69 Commencement of development under development consents\n\n> Section 81A, as amended by the 2003 amending Act, extends to building work or subdivision work the subject of a development consent granted before the commencement of those amendments unless the work had begun before that commencement.","sortOrder":132},{"sectionNumber":"70","sectionType":"section","heading":"Commencement of development under complying development certificates","content":"#### 70 Commencement of development under complying development certificates\n\n70 Commencement of development under complying development certificates\n\n> Section 86, as amended by the 2003 amending Act, extends to building work or subdivision work the subject of a complying development certificate issued before the commencement of those amendments unless the work had begun before that commencement.","sortOrder":133},{"sectionNumber":"71","sectionType":"section","heading":"Part 4A certificates","content":"#### 71 Part 4A certificates\n\n71 Part 4A certificates\n\n> Section 109C(1A), as inserted by the 2003 amending Act, extends to matters arising before the commencement of that subsection.","sortOrder":134},{"sectionNumber":"72","sectionType":"section","heading":"Appointment of principal certifying authorities","content":"#### 72 Appointment of principal certifying authorities\n\n72 Appointment of principal certifying authorities\n\n> Section 109E, as amended by the 2003 amending Act, extends to any development consent or complying development certificate issued before the commencement of those amendments for which a principal certifying authority needs to be appointed after that commencement.","sortOrder":135},{"sectionNumber":"73","sectionType":"section","heading":"Replacement of principal certifying authorities","content":"#### 73 Replacement of principal certifying authorities\n\n73 Replacement of principal certifying authorities\n\n> Section 109EA, as inserted by the 2003 amending Act, extends to the replacement of a principal certifying authority who had been appointed before the commencement of that section.","sortOrder":136},{"sectionNumber":"74","sectionType":"section","heading":"Restriction on issue of occupation certificates","content":"#### 74 Restriction on issue of occupation certificates\n\n74 Restriction on issue of occupation certificates\n\n> Section 109H(1B), as inserted by the 2003 amending Act, does not apply to any building work that commenced before that amendment.","sortOrder":137},{"sectionNumber":"75","sectionType":"section","heading":"Saving of occupation certificates","content":"#### 75 Saving of occupation certificates\n\n75 Saving of occupation certificates\n\n> An occupation certificate issued in accordance with section 109H, as in force before it was amended by the 2003 amending Act, is taken to have been issued in accordance with that section, as so amended.","sortOrder":138},{"sectionNumber":"76","sectionType":"section","heading":"Previously suspended, withdrawn or lapsed accreditation","content":"#### 76 Previously suspended, withdrawn or lapsed accreditation\n\n76 Previously suspended, withdrawn or lapsed accreditation\n\n> Section 109ZF(2), as inserted by the 2003 amending Act, extends to complaints that were made but not finally dealt with before the date of assent to that Act and to a person whose right to practise as an accredited certifier was suspended, or whose accreditation was withdrawn or lapsed, before that date.","sortOrder":139},{"sectionNumber":"77","sectionType":"section","heading":"Conflicts of interest","content":"#### 77 Conflicts of interest\n\n77 Conflicts of interest\n\n> Section 109ZG(1AA), as inserted by the 2003 amending Act, extends to matters arising before the commencement of that subsection.","sortOrder":140},{"sectionNumber":"78","sectionType":"section","heading":"Investigation of certifying authorities","content":"#### 78 Investigation of certifying authorities\n\n78 Investigation of certifying authorities\n\n> > (1) Subject to subclause (2), Division 1B of Part 6, as inserted by the 2003 amending Act, extends to matters arising before the commencement of that Division.\n> \n> > (2) Section 109U, as in force immediately before its repeal by the 2003 amending Act, continues to apply to any investigation that had commenced before the repeal of that section as if that Act had not been enacted.","sortOrder":141},{"sectionNumber":"79","sectionType":"section","heading":"Proceedings for offences","content":"#### 79 Proceedings for offences\n\n79 Proceedings for offences\n\n> Section 127(5), as substituted by the 2003 amending Act, does not apply to offences arising before the commencement of that amendment.","sortOrder":142},{"sectionNumber":"80","sectionType":"section","heading":"Improper influence with respect to conduct of accredited certifier","content":"#### 80 Improper influence with respect to conduct of accredited certifier\n\n80 Improper influence with respect to conduct of accredited certifier\n\n> Section 148A, as inserted by the 2003 amending Act, does not apply to conduct occurring before the commencement of that section.","sortOrder":143},{"sectionNumber":"81","sectionType":"section","heading":"Conditions of development consent","content":"#### 81 Conditions of development consent\n\n81 Conditions of development consent\n\n> Clauses 98A and 98B of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), as inserted by the 2003 amending Act, do not apply to work that had been commenced before the commencement of those clauses.","sortOrder":144},{"sectionNumber":"82","sectionType":"section","heading":"Conditions of complying development certificate","content":"#### 82 Conditions of complying development certificate\n\n82 Conditions of complying development certificate\n\n> Clauses 136B and 136C of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), as inserted by the 2003 amending Act, do not apply to work that had been commenced before the commencement of those clauses.","sortOrder":145},{"sectionNumber":"83","sectionType":"section","heading":"Time limits for accredited certifiers","content":"#### 83 Time limits for accredited certifiers\n\n83 Time limits for accredited certifiers\n\n> The amendments to clauses 130, 138, 142, 151 and 160 of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) made by the 2003 amending Act do not apply to any determination made under any of those clauses, or any certificate issued under any of those clauses, before the commencement of those amendments.","sortOrder":146},{"sectionNumber":"Part 16","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Development Contributions) Act 2005","content":"# Part 16 Environmental Planning and Assessment Amendment (Development Contributions) Act 2005\n\nPart 16 [Environmental Planning and Assessment Amendment (Development Contributions) Act 2005](/view/html/repealed/current/act-2005-019)","sortOrder":147},{"sectionNumber":"84","sectionType":"section","heading":"Definition","content":"#### 84 Definition\n\n84 Definition\n\n> In this Part, 2005 amending Act means the [Environmental Planning and Assessment Amendment (Development Contributions) Act 2005](/view/html/repealed/current/act-2005-019).","sortOrder":148},{"sectionNumber":"85","sectionType":"section","heading":"Application of amendments","content":"#### 85 Application of amendments\n\n85 Application of amendments\n\n> The substitution of Division 6 of Part 4 of the Act by the 2005 amending Act does not affect anything done under that Division before its substitution, and anything so done is taken to have been done under the corresponding provision of that Division as so substituted.","sortOrder":149},{"sectionNumber":"Part 17","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005","content":"# Part 17 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005\n\nPart 17 [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043)","sortOrder":150},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":151},{"sectionNumber":"86","sectionType":"section","heading":"Definition","content":"#### 86 Definition\n\n86 Definition\n\n> In this Part—\n> \n> 2005 Amending Act means the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043).","sortOrder":152},{"sectionNumber":"87","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 87 Savings and transitional regulations\n\n87 Savings and transitional regulations\n\n> Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.","sortOrder":153},{"sectionNumber":"Division 2","sectionType":"division","heading":"Major infrastructure and other projects amendments","content":"## Division 2 Major infrastructure and other projects amendments\n\nDivision 2 Major infrastructure and other projects amendments","sortOrder":154},{"sectionNumber":"88","sectionType":"section","heading":"Pending or previous matters under Division 4 of Part 5","content":"#### 88 Pending or previous matters under Division 4 of Part 5\n\n88 Pending or previous matters under Division 4 of Part 5\n\n> > (1) Despite its repeal by Schedule 1 to the 2005 Amending Act, Division 4 of Part 5 of the Act continues to apply to and in respect of the carrying out of any activity for which the Minister’s approval under that Division was sought before its repeal.\n> \n> > (2) If the activity is a project to which Part 3A of the Act applies—\n> > \n> > > (a) subclause (1) applies to the activity (unless the instrument that declares it a project otherwise provides), and\n> > \n> > > (b) Part 3A of the Act does not apply to the activity while Division 4 of Part 5 of the Act continues to apply to the activity (subject to subclause (3)).\n> \n> > (3) The approval of the Minister for an activity that was given under Division 4 of Part 5 of the Act before its repeal (or under that Division as continued by subclause (1)) is taken to be an approval under Part 3A of the Act, and that Part (sections 75U and 75V excepted) applies accordingly.\n> \n> > (4) Until regulations are made under section 115P(3) (as substituted by the 2005 Amending Act), the provisions of Division 4 of Part 5 of the Act continue to apply (with necessary modifications) to approvals under that section of the Minister administering the Act.","sortOrder":155},{"sectionNumber":"89","sectionType":"section","heading":"State significant development matters","content":"#### 89 State significant development matters\n\n89 State significant development matters\n\n> > (1) If a development application for State significant development is pending on the commencement of Part 3A of the Act, the application is to be determined (unless withdrawn by the applicant) as if the amendments made to the Act by Schedule 1 to the 2005 Amending Act had not been made.\n> \n> > (2) A reference in any Act or instrument to State significant development within the meaning of the Act is taken to be a reference to a project to which Part 3A of the Act applies.\n> > \n> > This subclause ceases to have effect on the repeal of Part 3A of the Act.","sortOrder":156},{"sectionNumber":"90","sectionType":"section","heading":"Special heritage provision with respect to Opera House","content":"#### 90 Special heritage provision with respect to Opera House\n\n90 Special heritage provision with respect to Opera House\n\n> > (1) Section 75U (as inserted by the 2005 Amending Act), in so far as it excludes the requirement for an approval under Part 4 of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), does not apply to the carrying out of any development in connection with the Opera House that is a project to which Part 3A applies.\n> \n> > (2) In that case, section 75V applies instead as if an approval under Part 4 of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) were included in section 75V(1).","sortOrder":157},{"sectionNumber":"Division 3","sectionType":"division","heading":"Planning instruments amendments","content":"## Division 3 Planning instruments amendments\n\nDivision 3 Planning instruments amendments","sortOrder":158},{"sectionNumber":"91","sectionType":"section","heading":"Review of SEPPs and REPs","content":"#### 91 Review of SEPPs and REPs\n\n91 Review of SEPPs and REPs\n\n> > (1) The Minister may, by order published on the NSW legislation website, transfer any provisions of State environmental planning policies or regional environmental plans (with or without modification) to the principal local environmental plans for the local government areas to which the existing provisions apply.\n> \n> > (2) Subclause (1) does not prevent an environmental planning instrument being made to transfer any of those existing provisions in respect of a particular local area.\n> \n> > (3) The transfer of any of those existing provisions is taken to be a matter of State environmental planning significance for the purposes of the Act.","sortOrder":159},{"sectionNumber":"92","sectionType":"section","heading":"Standard instruments","content":"#### 92 Standard instruments\n\n92 Standard instruments\n\n> The Secretary may issue a certificate under section 65 or furnish a report under section 69 (despite sections 65(1A) and 69(2), as inserted by the 2005 Amending Act) if the Secretary is satisfied that—\n> \n> > (a) significant council resources have been expended in the preparation of the draft instrument before the prescription of the relevant standard instrument, or\n> \n> > (b) the draft instrument makes a necessary amendment of a principal environmental planning instrument made before the prescription of the relevant standard instrument, or a necessary amendment of an instrument referred to in paragraph (a),\n> \n> and the Secretary is satisfied that satisfactory arrangements have been made for the making of a replacement instrument in accordance with the relevant standard instrument.","sortOrder":160},{"sectionNumber":"93","sectionType":"section","heading":"Model provisions","content":"#### 93 Model provisions\n\n93 Model provisions\n\n> > (1) Model provisions made under section 33 (as in force immediately before its repeal by the 2005 Amending Act) continue in force for the purposes of any existing environmental planning instruments that adopt those model provisions.\n> \n> > (2) The Minister may, by order published in the Gazette, amend or revoke any of those model provisions, and section 33(2) (as so in force) applies accordingly.","sortOrder":161},{"sectionNumber":"94","sectionType":"section","heading":"Development control plans","content":"#### 94 Development control plans\n\n94 Development control plans\n\n> > (1) A development control plan made under section 51A or 72 and in force immediately before the repeal of that section by the 2005 Amending Act is taken to be a development control plan made under Division 6 of Part 3 (as inserted by that Act).\n> \n> > (2) Section 74C (as inserted by the 2005 Amending Act) does not render invalid any provision of a development control plan that is continued in force by subclause (1) during the period until a development control plan is made under section 74C in respect of the land concerned.\n> \n> > (3) Anything done under section 51A or 72 immediately before its repeal by the 2005 Amending Act in connection with a proposed development control plan is taken to have been done under Division 6 of Part 3 (as inserted by that Act).\n> \n> > (4) Regulations made for the purposes of section 51A or 72 and in force immediately before the repeal of that section by the 2005 Amending Act are taken to have been made for the purposes of Division 6 of Part 3 (as inserted by that Act).","sortOrder":162},{"sectionNumber":"95","sectionType":"section","heading":"Master plans under existing instruments","content":"#### 95 Master plans under existing instruments\n\n95 Master plans under existing instruments\n\n> > (1) This clause applies to any provision of an environmental planning instrument that is in force on the commencement of this clause and that requires, before the grant of development consent, a master plan (within the meaning of clause 92A of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) as in force before its amendment by the 2005 Amending Act) for the land concerned.\n> \n> > (2) While that provision continues in force, it is to be construed as requiring a development control plan under section 74D (as inserted by the 2005 Amending Act) with respect to the matters required to be included in the master plan, and in accordance with the procedures provided for making the master plan, by the environmental planning instrument.\n> \n> > (3) Any master plan made under that provision before the commencement of this clause is taken to be a development control plan under section 74D (as inserted by the 2005 Amending Act).","sortOrder":163},{"sectionNumber":"96","sectionType":"section","heading":"Section 117(2) directions","content":"#### 96 Section 117(2) directions\n\n96 Section 117(2) directions\n\n> > (1) Directions given under section 117(2) before the commencement of section 117(2A) by the 2005 Amending Act cease to have effect on that commencement.\n> \n> > (2) However, those directions continue in force for the purposes of any draft local environmental plan that is the subject of a certificate under section 65 issued before that commencement.","sortOrder":164},{"sectionNumber":"Division 4","sectionType":"division","heading":"Development consent amendments","content":"## Division 4 Development consent amendments\n\nDivision 4 Development consent amendments","sortOrder":165},{"sectionNumber":"97","sectionType":"section","heading":"Section 80(5)—staged development conditional consents","content":"#### 97 Section 80(5)—staged development conditional consents\n\n97 Section 80(5)—staged development conditional consents\n\n> > (1) The substitution of section 80(5) by the 2005 Amending Act does not affect a condition of a development consent that requires another development consent before development may be carried out.\n> \n> > (2) Section 95 (as in force immediately before the amendment of that section by the 2005 Amending Act) continues to apply to a development consent that is subject to such a condition.","sortOrder":166},{"sectionNumber":"98","sectionType":"section","heading":"Staged development applications as alternative to master plans","content":"#### 98 Staged development applications as alternative to master plans\n\n98 Staged development applications as alternative to master plans\n\n> Section 83C (as inserted by the 2005 Amending Act) applies as if a reference in that section to a provision of an environmental planning instrument that requires a development control plan included a reference to any such provision made before the commencement of this clause that requires a master plan.","sortOrder":167},{"sectionNumber":"Division 5","sectionType":"division","heading":"Environmental assessment amendments","content":"## Division 5 Environmental assessment amendments\n\nDivision 5 Environmental assessment amendments","sortOrder":168},{"sectionNumber":"99","sectionType":"section","heading":"Application of section 111A (Exemptions)","content":"#### 99 Application of section 111A (Exemptions)\n\n99 Application of section 111A (Exemptions)\n\n> Section 111A (as inserted by the 2005 Amending Act) extends to an activity that was carried out or began to be carried out before the commencement of that section.","sortOrder":169},{"sectionNumber":"Part 18","sectionType":"part","heading":"Building Professionals Act 2005","content":"# Part 18 Building Professionals Act 2005\n\nPart 18 [Building Professionals Act 2005](/view/html/repealed/current/act-2005-115)","sortOrder":170},{"sectionNumber":"100","sectionType":"section","heading":"Compliance certificates","content":"#### 100 Compliance certificates\n\n100 Compliance certificates\n\n> > (1) Section 80A(10A) does not apply to a consent issued before the commencement of the subsection.\n> \n> > (2) Section 85(5A) does not apply to a complying development certificate issued before the commencement of the subsection.","sortOrder":171},{"sectionNumber":"101","sectionType":"section","heading":"Construction certificates","content":"#### 101 Construction certificates\n\n101 Construction certificates\n\n> Section 109F(1A) does not apply to a construction certificate issued before the commencement of that subsection or in relation to building work or subdivision work that was physically commenced on the land to which the relevant development consent applies before the commencement of that subsection.","sortOrder":172},{"sectionNumber":"Part 19","sectionType":"part","heading":"Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2006","content":"# Part 19 Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2006\n\nPart 19 Provisions consequent on enactment of [Environmental Planning and Assessment Amendment Act 2006](/view/html/repealed/current/act-2006-008)","sortOrder":173},{"sectionNumber":"102","sectionType":"section","heading":"Definition","content":"#### 102 Definition\n\n102 Definition\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment Amendment Act 2006](/view/html/repealed/current/act-2006-008).","sortOrder":174},{"sectionNumber":"103","sectionType":"section","heading":"Contributions plans","content":"#### 103 Contributions plans\n\n103 Contributions plans\n\n> Section 94EA(2A), as inserted by the amending Act, does not affect a condition imposed under section 94 before the commencement of section 94EA(2A) and any such condition continues to have effect as if that subsection had not commenced.","sortOrder":175},{"sectionNumber":"104","sectionType":"section","heading":"Contributions for affordable housing","content":"#### 104 Contributions for affordable housing\n\n104 Contributions for affordable housing\n\n> Section 94F(6), as inserted by the amending Act, does not affect a condition imposed under section 94F before the commencement of section 94F(6) and any such condition continues to have effect as if that subsection had not commenced.","sortOrder":176},{"sectionNumber":"105","sectionType":"section","heading":"Review","content":"#### 105 Review\n\n105 Review\n\n> > (1) The Minister is to review Subdivision 4 of Division 6 of Part 4 of the Act to determine whether the policy objectives of that Subdivision remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 3 years from the date of assent to the amending Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.","sortOrder":177},{"sectionNumber":"Part 20","sectionType":"part","heading":"Environmental Planning Legislation Amendment Act 2006","content":"# Part 20 Environmental Planning Legislation Amendment Act 2006\n\nPart 20 [Environmental Planning Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-123)","sortOrder":178},{"sectionNumber":"106","sectionType":"section","heading":"Definition","content":"#### 106 Definition\n\n106 Definition\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-123).","sortOrder":179},{"sectionNumber":"107","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 107 Savings and transitional regulations\n\n107 Savings and transitional regulations\n\n> Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.","sortOrder":180},{"sectionNumber":"108","sectionType":"section","heading":"Part 3A matters","content":"#### 108 Part 3A matters\n\n108 Part 3A matters\n\n> > (1) The amendments made by Schedule 1\\[3\\], \\[4\\] and \\[5\\] to the amending Act apply to declarations made (or purporting to be made) before the commencement of those amendments.\n> \n> > (2) The amendment made by Schedule 1\\[12\\] to the amending Act applies only to applications lodged after the commencement of the amendment.\n> \n> > (3) The other amendments to Part 3A of the Act made by Schedule 1 to the amending Act extend to matters pending under Part 3A on the commencement of those amendments.\n> \n> > (4) A concept plan that was submitted before the commencement of the amendments made by Schedule 1\\[11\\], \\[21\\] and \\[29\\] to the amending Act may continue to be dealt with after that commencement as if it were an application for approval of a concept plan.","sortOrder":181},{"sectionNumber":"109","sectionType":"section","heading":"Planning agreements—exclusion of section 94 or 94A","content":"#### 109 Planning agreements—exclusion of section 94 or 94A\n\n109 Planning agreements—exclusion of section 94 or 94A\n\n> Section 93F(3A), as inserted by the amending Act, applies only to a planning agreement that is entered into after the commencement of that subsection and that was the subject of public notice under section 93G after that commencement.","sortOrder":182},{"sectionNumber":"110","sectionType":"section","heading":"Contributions for public service or amenity outside NSW","content":"#### 110 Contributions for public service or amenity outside NSW\n\n110 Contributions for public service or amenity outside NSW\n\n> Section 94CA, as inserted by the amending Act, extends to permit contributions provided for a public amenity or service, as a result of a condition allowed under a contributions plan that is in force before the commencement of that section, to be applied, with the written approval of the Minister, to an equivalent, similar or related public amenity or service.","sortOrder":183},{"sectionNumber":"111","sectionType":"section","heading":"Lapsing of consent","content":"#### 111 Lapsing of consent\n\n111 Lapsing of consent\n\n> A development consent granted before the commencement of section 95(6), as inserted by the amending Act, that is subject to a deferred commencement condition under section 80(3), lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within—\n> \n> > (a) 5 years after the date consent was granted, or\n> \n> > (b) 2 years after the date of the commencement of section 95(6),\n> \n> whichever is the later.","sortOrder":184},{"sectionNumber":"112","sectionType":"section","heading":"Occupation certificates","content":"#### 112 Occupation certificates\n\n112 Occupation certificates\n\n> Section 109H, as substituted by the amending Act, does not apply to or in respect of an application for an occupation certificate made, but not determined, before that substitution and that section, as in force immediately before that substitution, continues to apply to and in respect of any such application.","sortOrder":185},{"sectionNumber":"113","sectionType":"section","heading":"Subdivision certificates","content":"#### 113 Subdivision certificates\n\n113 Subdivision certificates\n\n> Section 109J, as substituted by the amending Act, does not apply to or in respect of an application for a subdivision certificate made, but not determined, before that substitution and that section, as in force immediately before that substitution, continues to apply to and in respect of any such application.","sortOrder":186},{"sectionNumber":"114","sectionType":"section","heading":"Reference of undetermined applications to the Minister","content":"#### 114 Reference of undetermined applications to the Minister\n\n114 Reference of undetermined applications to the Minister\n\n> Section 116D, as amended by the amending Act, does not apply to an application made, but not determined, before that amendment and that section, as in force immediately before that amendment, continues to apply to any such application.","sortOrder":187},{"sectionNumber":"115","sectionType":"section","heading":"Negotiating determination of development application","content":"#### 115 Negotiating determination of development application\n\n115 Negotiating determination of development application\n\n> Section 116E, as amended by the amending Act, does not apply to an application made, but not determined, before that amendment and that section, as in force immediately before that amendment, continues to apply to any such application.","sortOrder":188},{"sectionNumber":"116","sectionType":"section","heading":"Time limit for bringing proceedings","content":"#### 116 Time limit for bringing proceedings\n\n116 Time limit for bringing proceedings\n\n> Section 127(5A)–(5C), as inserted by the amending Act, apply only in respect of offences alleged to have been committed after the commencement of those subsections.","sortOrder":189},{"sectionNumber":"Part 21","sectionType":"part","heading":"Environmental Planning and Assessment Amendment Act 2008","content":"# Part 21 Environmental Planning and Assessment Amendment Act 2008\n\nPart 21 [Environmental Planning and Assessment Amendment Act 2008](/view/html/repealed/current/act-2008-036)","sortOrder":190},{"sectionNumber":"117","sectionType":"section","heading":"Interpretation","content":"#### 117 Interpretation\n\n117 Interpretation\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment Amendment Act 2008](/view/html/repealed/current/act-2008-036).","sortOrder":192},{"sectionNumber":"118","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 118 Savings and transitional regulations\n\n118 Savings and transitional regulations\n\n> Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.","sortOrder":193},{"sectionNumber":"119","sectionType":"section","heading":"Definitions","content":"#### 119 Definitions\n\n119 Definitions\n\n> In this Division—\n> \n> deemed environmental planning instrument means a former environmental planning instrument referred to in clause 2 of Schedule 3 to the [Miscellaneous Acts (Planning) Repeal and Amendment Act 1979](/view/html/repealed/current/act-1979-205), and includes an instrument referred to in clause 3(2) of that Schedule.\n> \n> existing local environmental plan means a local environmental plan made under Part 3 of the Act (as in force immediately before the relevant commencement day).\n> \n> existing regional environmental plan means a regional environmental plan made under Part 3 of the Act (as in force immediately before the relevant commencement day).\n> \n> existing State environmental planning policy means a State environmental planning policy made under Part 3 of the Act (as in force immediately before the relevant commencement day).\n> \n> the relevant commencement day means the day on which Schedule 1.1\\[4\\] to the amending Act commences.","sortOrder":195},{"sectionNumber":"120","sectionType":"section","heading":"Continuation in force of existing SEPPs and REPs","content":"#### 120 Continuation in force of existing SEPPs and REPs\n\n120 Continuation in force of existing SEPPs and REPs\n\n> All existing State environmental planning policies and existing regional environmental plans are, on the relevant commencement day, taken to be environmental planning instruments made by the Governor under Division 2 of Part 3 of the Act, as amended by the amending Act.","sortOrder":196},{"sectionNumber":"121","sectionType":"section","heading":"Review of existing REPs","content":"#### 121 Review of existing REPs\n\n121 Review of existing REPs\n\n> > (1) As soon as practicable after the relevant commencement day, the Minister is to review the provisions of all existing regional environmental plans.\n> \n> > (2) An environmental planning instrument (whether a principal or amending instrument) may be made by the Governor under Division 2 of Part 3 of the Act, or by the Minister under Division 4 of that Part, to transfer those existing environmental planning provisions (with or without modification) to appropriate new or existing principal instruments that apply to the land concerned.\n> \n> > (3) Any such instrument may be made without compliance with the provisions of Part 3 of the Act relating to the conditions precedent to the making of the instrument.","sortOrder":197},{"sectionNumber":"122","sectionType":"section","heading":"Continuation in force of existing LEPs","content":"#### 122 Continuation in force of existing LEPs\n\n122 Continuation in force of existing LEPs\n\n> > (1) All existing local environmental plans are, on the relevant commencement day, taken to be environmental planning instruments made by the Minister under Division 4 of Part 3 of the Act, as amended by the amending Act.\n> \n> > (2) The Minister may dispense with any conditions precedent to the making of an environmental planning instrument under that Division if satisfied that the instrument was in the course of preparation before the commencement of this clause.","sortOrder":198},{"sectionNumber":"123","sectionType":"section","heading":"Continuation in force of deemed environmental planning instruments","content":"#### 123 Continuation in force of deemed environmental planning instruments\n\n123 Continuation in force of deemed environmental planning instruments\n\n> > (1) All deemed environmental planning instruments that are in force immediately before the relevant commencement day continue in force and have effect according to their tenor.\n> \n> > (2) Any such instrument may be amended or repealed by an environmental planning instrument made under Part 3 of the Act.","sortOrder":199},{"sectionNumber":"124","sectionType":"section","heading":"Commissioners of Inquiry","content":"#### 124 Commissioners of Inquiry\n\n124 Commissioners of Inquiry\n\n> > (1) A person who held office as a Commissioner of Inquiry immediately before the repeal of Division 4 of Part 2 by the amending Act ceases to hold office on that repeal.\n> \n> > (2) A Commissioner of Inquiry is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.","sortOrder":201},{"sectionNumber":"125","sectionType":"section","heading":"Committees","content":"#### 125 Committees\n\n125 Committees\n\n> > (1) A person who held office as a member of the Local Government Liaison Committee immediately before the repeal of Division 5 of Part 2 by the amending Act ceases to hold office on that repeal.\n> \n> > (2) Any such member is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.","sortOrder":202},{"sectionNumber":"133","sectionType":"section","heading":"Section 109ZK","content":"#### 133 Section 109ZK\n\n133 Section 109ZK\n\n> The amendment made to section 109ZK by the amending Act does not apply to any building work or subdivision work commenced before the commencement of the amendment.","sortOrder":204},{"sectionNumber":"Part 22","sectionType":"part","heading":"Bennelong Point (Parking Station) Act 1985","content":"# Part 22 Bennelong Point (Parking Station) Act 1985\n\nPart 22 [Bennelong Point (Parking Station) Act 1985](/view/html/repealed/current/act-1985-189)","sortOrder":205},{"sectionNumber":"134","sectionType":"section","heading":"Repeal of Act","content":"#### 134 Repeal of Act\n\n134 Repeal of Act\n\n> The repeal of the [Bennelong Point (Parking Station) Act 1985](/view/html/repealed/current/act-1985-189) does not affect the carrying out of development authorised by that Act.","sortOrder":206},{"sectionNumber":"Part 23","sectionType":"part","heading":"Statute Law (Miscellaneous Provisions) Act 2009","content":"# Part 23 Statute Law (Miscellaneous Provisions) Act 2009\n\nPart 23 [Statute Law (Miscellaneous Provisions) Act 2009](/view/html/repealed/current/act-2009-056)","sortOrder":207},{"sectionNumber":"135","sectionType":"section","heading":"Restrictions on the issue of occupation or subdivision certificate","content":"#### 135 Restrictions on the issue of occupation or subdivision certificate\n\n135 Restrictions on the issue of occupation or subdivision certificate\n\n> The amendments made by Schedule 1.13\\[6\\] and \\[8\\] to the [Statute Law (Miscellaneous Provisions) Act 2009](/view/html/repealed/current/act-2009-056) apply only in relation to an application for an occupation certificate or a subdivision certificate made on or after the commencement of those amendments.","sortOrder":208},{"sectionNumber":"Part 24","sectionType":"part","heading":"Planning Appeals Legislation Amendment Act 2010","content":"# Part 24 Planning Appeals Legislation Amendment Act 2010\n\nPart 24 [Planning Appeals Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-120)","sortOrder":209},{"sectionNumber":"136","sectionType":"section","heading":"Review and appeal changes","content":"#### 136 Review and appeal changes\n\n136 Review and appeal changes\n\n> The amendments made to Part 4 of the Act by the [Planning Appeals Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-120) do not apply to or in respect of a development application lodged with a consent authority before the commencement of section 82B (as inserted by that amending Act).","sortOrder":210},{"sectionNumber":"Part 25","sectionType":"part","heading":"Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009","content":"# Part 25 Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009\n\nPart 25 [Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009](/view/html/repealed/current/act-2009-001)","sortOrder":211},{"sectionNumber":"137","sectionType":"section","heading":"Definitions","content":"#### 137 Definitions\n\n137 Definitions\n\n> In this Part—\n> \n> authorisation means an authorisation under section 24 of the Nation Building Act to carry out an infrastructure project.\n> \n> Co-ordinator General means the NSW Infrastructure Co-ordinator General.\n> \n> infrastructure project has the same meaning as in the Nation Building Act.\n> \n> nation building consent means an authorisation declared to be a development consent under this Part.\n> \n> the Nation Building Act means the [Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009](/view/html/repealed/current/act-2009-001).","sortOrder":212},{"sectionNumber":"138","sectionType":"section","heading":"Authorisations declared to be development consents","content":"#### 138 Authorisations declared to be development consents\n\n138 Authorisations declared to be development consents\n\n> > (1) An authorisation is declared to be a development consent under the Act for the development comprising the infrastructure project if the Co-ordinator General has certified in writing that this Part applies to the project.\n> \n> > (2) The Act, as modified by this Part and with any other necessary modifications, applies to a nation building consent as if it were a development consent granted under the Act and to any conditions of that consent as if they were conditions of a development consent.\n> \n> > (3) A nation building consent is, for the purposes of the Act, taken to have been effective and to operate from the date the relevant authorisation was granted under the Nation Building Act.\n> \n> > (4) For the purposes of the Act and any instrument made under the Act, the consent authority for a nation building consent is the council for the area in which the infrastructure project is situated or, if the project is situated in the Western Division, the Western Lands Commissioner.\n> \n> > (5) In any instrument, a reference—\n> > \n> > > (a) to an authorisation that has been declared by this Part to be a development consent under the Act is taken to be a reference to a development consent, and\n> > \n> > > (b) to a condition of any such authorisation is taken to be a reference to a condition of the development consent, and\n> > \n> > > (c) to the NSW Infrastructure Co-ordinator General in respect of any such development consent is taken to be a reference to the consent authority referred to in subclause (4).","sortOrder":213},{"sectionNumber":"139","sectionType":"section","heading":"Infrastructure projects taken to be exempt development","content":"#### 139 Infrastructure projects taken to be exempt development\n\n139 Infrastructure projects taken to be exempt development\n\n> Development for the purposes of an infrastructure project is taken to be exempt development for the purposes of the Act if—\n> \n> > (a) it is the subject of an order under section 23(1)(a) of the Nation Building Act, and\n> \n> > (b) an authorisation under section 24 of that Act was not required for the carrying out of the project, and\n> \n> > (c) the Co-ordinator General has certified in writing that this Part applies to the project or a class of projects of which the project is a member.","sortOrder":214},{"sectionNumber":"140","sectionType":"section","heading":"Certification of infrastructure projects","content":"#### 140 Certification of infrastructure projects\n\n140 Certification of infrastructure projects\n\n> > (1) The Co-ordinator General must notify the council of the area in which an infrastructure project is situated in writing if the Co-ordinator General certifies that this Part applies to the project, or a class of projects of which the project is a member.\n> \n> > (2) The Co-ordinator General must keep a register of certificates given under this Part. The register is to be kept in the form and manner determined by the Co-ordinator General.\n> \n> > (3) A council must keep a register of notices given under this clause for infrastructure projects situated in the area of the council.\n> \n> > (4) A register kept by a council under this clause may form part of the register kept by the council under section 100.\n> \n> > (5) Section 100(2) applies to a register kept by a council under this clause.\n> \n> > (6) If a council is given notice under this clause that this Part applies to an infrastructure project, or a class of projects of which an infrastructure project is a member, the council is not required to include advice about previous exemptions or authorisations under the Nation Building Act in any planning certificate issued for the land concerned under section 149 of the Act.","sortOrder":215},{"sectionNumber":"141","sectionType":"section","heading":"Application of EPA Act to nation building consents generally","content":"#### 141 Application of EPA Act to nation building consents generally\n\n141 Application of EPA Act to nation building consents generally\n\n> > (1) Divisions 1–6A (other than section 81A), 8 and 10 of Part 4 of the Act, and sections 95, 95A, 96AA, 96A, 100 and 101, do not apply to a nation building consent except to the extent that any of those provisions are applicable because of the operation of section 96 in respect of a modification to the nation building consent.\n> \n> > (2) Section 96 applies to a nation building consent with the following modifications—\n> > \n> > > (a) the consent authority must not consider any provisions of an environmental planning instrument, proposed environmental planning instrument or development control plan insofar as they prohibit the proposed modification,\n> > \n> > > (b) the consent authority must not refuse to consent to the application for modification on the ground that the application does not comply with non-discretionary development standards in a regulation or an environmental planning instrument, if the non-compliance is of a kind already permitted under the nation building consent,\n> > \n> > > (c) section 96(5) does not apply.\n> \n> > (3) If a nation building consent relates to particular development for the purposes of an educational establishment, any other development for the purposes of an educational establishment is taken to be substantially the same development for the purposes of section 96.\n> \n> > (4) If a nation building consent relates to particular development for the purposes of affordable housing or seniors housing, any other development for the purposes of residential accommodation (other than affordable housing or seniors housing) is taken not to be substantially the same development for the purposes of section 96.","sortOrder":216},{"sectionNumber":"Part 26","sectionType":"part","heading":"Environmental Planning and Assessment Amendment Act 2012","content":"# Part 26 Environmental Planning and Assessment Amendment Act 2012\n\nPart 26 [Environmental Planning and Assessment Amendment Act 2012](/view/html/repealed/current/act-2012-093)","sortOrder":217},{"sectionNumber":"142","sectionType":"section","heading":"Definition","content":"#### 142 Definition\n\n142 Definition\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment Amendment Act 2012](/view/html/repealed/current/act-2012-093).","sortOrder":218},{"sectionNumber":"143","sectionType":"section","heading":"Application of DCP amendments","content":"#### 143 Application of DCP amendments\n\n143 Application of DCP amendments\n\n> > (1) The amendments made by Schedule 1\\[1\\]–\\[3\\] and \\[5\\] to the amending Act extend to development control plans in force immediately before the commencement of those amendments.\n> \n> > (2) Section 79C(3A), as inserted by the amending Act, does not apply to the determination of a development application made before the commencement of section 79C(3A).","sortOrder":219},{"sectionNumber":"Part 27","sectionType":"part","heading":"Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017","content":"# Part 27 Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017\n\nPart 27 [Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017](/view/html/repealed/current/act-2017-038)","sortOrder":220},{"sectionNumber":"144","sectionType":"section","heading":"Definition","content":"#### 144 Definition\n\n144 Definition\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017](/view/html/repealed/current/act-2017-038).","sortOrder":221},{"sectionNumber":"145","sectionType":"section","heading":"Pending staged development applications and consents","content":"#### 145 Pending staged development applications and consents\n\n145 Pending staged development applications and consents\n\n> > (1) A staged development application that, immediately before the commencement of the amending Act, was pending under Division 2A of Part 4 of the Act (as in force before the substitution of that Division by the amending Act) is, on and from that substitution, taken to be a concept development application under that Division (as so substituted), and may be dealt with accordingly.\n> \n> > (2) A consent granted to a staged development application under Division 2A of Part 4 of the Act (as in force before the substitution of that Division by the amending Act) is, on and from that substitution, taken to be a consent granted to a concept development application under that Division (as so substituted), and has effect accordingly.","sortOrder":222},{"sectionNumber":"146","sectionType":"section","heading":"Validation","content":"#### 146 Validation\n\n146 Validation\n\n> > (1) Anything done or omitted to be done before the commencement of the amending Act that would have been valid if the Act, as amended by the amending Act, had been in force when the thing was done or omitted to be done is validated.\n> \n> > (2) However, subclause (1) does not render valid—\n> > \n> > > (a) a development consent that was, before 30 June 2017, declared by a court to be invalid, or\n> > \n> > > (b) a development application that was lodged after (and in reliance on) the grant of such a development consent.","sortOrder":223},{"sectionNumber":"147","sectionType":"section","heading":"Superseded references","content":"#### 147 Superseded references\n\n147 Superseded references\n\n> A reference in any other Act or in any statutory or other instrument, or in any contract or agreement, to a staged development application under the Act is to be read as a reference to a concept development application under the Act.","sortOrder":224},{"sectionNumber":"Part 28","sectionType":"part","heading":"Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017","content":"# Part 28 Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017\n\nPart 28 [Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017](/view/html/repealed/current/act-2017-039)","sortOrder":225},{"sectionNumber":"148","sectionType":"section","heading":"Definitions","content":"#### 148 Definitions\n\n148 Definitions\n\n> In this Part—\n> \n> amending Act means the [Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017](/view/html/repealed/current/act-2017-039).\n> \n> existing local panel means—\n> \n> > (a) an independent hearing and assessment panel constituted by a relevant council, as at 1 September 2017, under section 23I (as in force before the substitution of that section by the amending Act), or\n> \n> > (b) any other panel constituted by a relevant council, as at 1 September 2017, under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) to advise on development applications or to determine development applications as a delegate of the council.\n> \n> relevant council means—\n> \n> > (a) the council of an area that is wholly within the Greater Sydney Region, and\n> \n> > (b) the council of the City of Wollongong.","sortOrder":226},{"sectionNumber":"149","sectionType":"section","heading":"Existing local panels to continue as local planning panels","content":"#### 149 Existing local panels to continue as local planning panels\n\n149 Existing local panels to continue as local planning panels\n\n> > (1) An existing local panel is taken to have been constituted by the relevant council as a local planning panel under section 23J (as substituted by the amending Act).\n> \n> > (2) The members of the existing local panel (as at 1 September 2017) are taken to have been appointed by the relevant council as members of the local planning panel. Any such member may not be removed from office by the council without the approval of the Minister.\n> \n> > (3) Subclause (2) ceases to have effect on 1 March 2018.","sortOrder":227},{"sectionNumber":"150","sectionType":"section","heading":"Interim arrangements for councils that do not have existing local panel","content":"#### 150 Interim arrangements for councils that do not have existing local panel\n\n150 Interim arrangements for councils that do not have existing local panel\n\n> > (1) This clause applies in relation to a relevant council that has not constituted an existing local panel as at 1 September 2017.\n> \n> > (2) A relevant council is not required to constitute a local planning panel under section 23J (as substituted by the amending Act) until 1 March 2018.","sortOrder":228},{"sectionNumber":"151","sectionType":"section","heading":"Regional panel amendments do not affect pending matters","content":"#### 151 Regional panel amendments do not affect pending matters\n\n151 Regional panel amendments do not affect pending matters\n\n> The amendments made by the amending Act in relation to regional panels do not affect any application pending on the commencement of those amendments or any decision made under the Act before that commencement.","sortOrder":229},{"sectionNumber":"152","sectionType":"section","heading":"Extension of period for instituting local government election offences","content":"#### 152 Extension of period for instituting local government election offences\n\n152 Extension of period for instituting local government election offences\n\n> The extension from 12 months to 3 years of the period within which proceedings for offences in connection with the conduct of local government elections may be commenced (as a consequence of the amendment to section 693 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) made by the amending Act) applies to offences committed after the commencement of the amending Act.","sortOrder":230},{"sectionNumber":"153","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 153 Savings and transitional regulations\n\n153 Savings and transitional regulations\n\n> > (1) This clause applies to regulations made under Part 1 of this Schedule that contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.\n> \n> > (2) The provisions of those regulations have effect despite anything to the contrary in this Part.\n> \n> > (3) The regulations may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.","sortOrder":231},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Transferred transitional arrangements on repeal of Part 3A—former Schedule 6A to the Act","content":"# Schedule 2 Transferred transitional arrangements on repeal of Part 3A—former Schedule 6A to the Act\n\nSchedule 2 Transferred transitional arrangements on repeal of Part 3A—former Schedule 6A to the Act\n\n**sch 2:** Ins 2017 No 60, Sch 10.2 \\[7\\] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203). Am 2018 (66), Sch 1 \\[8\\]–\\[15\\]; 2018 (89), Sch 1 \\[5\\]; 2018 (363), Sch 2 \\[2\\]–\\[7\\]; 2019 (121), Sch 1; 2022 (88), sec 3; 2022 (244), Sch 2.","sortOrder":232},{"sectionNumber":"2A","sectionType":"section","heading":"Public interest consideration for Part 3A projects","content":"#### 2A Public interest consideration for Part 3A projects\n\n2A Public interest consideration for Part 3A projects\n\n> > (1) To avoid doubt, it is declared that the Minister is authorised (and is taken always to have been authorised) to take the public interest into account when deciding whether or not to approve the carrying out of a project or to give approval for a concept plan under Part 3A, before or after the repeal of that Part.\n> \n> > (2) It does not matter whether the Secretary’s report on the project did or did not give consideration to or make any recommendation about the public interest or any particular aspect of the public interest.","sortOrder":235},{"sectionNumber":"3B","sectionType":"section","heading":"Provisions applying with respect to approval of concept plans","content":"#### 3B Provisions applying with respect to approval of concept plans\n\n3B Provisions applying with respect to approval of concept plans\n\n> > (1) This clause applies to development (other than an approved project) for which a concept plan has been approved under Part 3A, before or after the repeal of Part 3A, and so applies whether or not the project or any stage of the project is or was a transitional Part 3A project.\n> \n> > (2) After the repeal of Part 3A, the following provisions apply to any such development (whether or not a determination was made under section 75P(1)(b) when the concept plan was approved)—\n> > \n> > > (a) if Part 4 applies to the carrying out of the development, the development is taken to be development that may be carried out with development consent under Part 4 (despite anything to the contrary in an environmental planning instrument),\n> > \n> > > (b) if Part 5 applies to the carrying out of the development, the development is taken to be development that may be carried out without development consent under Part 4 (despite anything to the contrary in an environmental planning instrument),\n> > \n> > > (c) any development standard that is within the terms of the approval of the concept plan has effect,\n> > \n> > > (d) a consent authority must not grant consent under Part 4 for the development unless it is satisfied that the development is generally consistent with the terms of the approval of the concept plan,\n> > \n> > > (e) a consent authority may grant consent under Part 4 for the development without complying with any requirement under any environmental planning instrument relating to a master plan,\n> > \n> > > (f) the provisions of any environmental planning instrument or any development control plan do not have effect to the extent to which they are inconsistent with the terms of the approval of the concept plan,\n> > \n> > > (g) this clause applies instead of section 75P(2), but any direction, order or determination made under section 75P(2) in connection with the concept plan continues to have effect.\n> \n> > (3) If a determination was not made under section 75P(1)(b) in relation to the project (or any stage of the project) when any such concept plan was approved and the project (or that stage) can no longer be approved under Part 3A, Part 4 is taken to apply to the carrying out of the development in relation to the project (or that stage) for the purposes of subclause (2) (unless an environmental planning instrument provides that it is development that may be carried out without development consent or it is exempt development).\n> \n> > (4) For the purposes of determining whether development to which Part 4 applies is State significant development, a provision of this clause that permits the development to be carried out with development consent under Part 4 is taken to be a provision of an environmental planning instrument.\n> \n> > (5) This clause does not apply to development that is State significant infrastructure.\n> \n> > (5A) Subclause (2)(f) does not apply to the provisions of State and Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 6.\n> \n> > (6) The amendments made to this Schedule by the [Environmental Planning and Assessment Amendment (Transitional) Regulation 2016](/view/pdf/asmade/sl-2016-297) extend to things done before the commencement of those amendments.","sortOrder":238},{"sectionNumber":"3BA","sectionType":"section","heading":"Winding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications","content":"#### 3BA Winding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications\n\n3BA Winding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications\n\n> > (1) For the purposes of this clause, the cut-off date is 1 March 2018.\n> \n> > (2) An approved project or a concept plan cannot be modified under section 75W on or after the cut-off date, except as provided by this clause.\n> \n> > (3) Subclause (2) does not apply if the request to modify the approved project or concept plan under section 75W was lodged before the cut-off date. Accordingly, the provisions of this Schedule relating to a modification made pursuant to such a request continue to apply.\n> \n> > (4) A request to modify an approved project or concept plan under section 75W that may be dealt with because of subclause (3) cannot be dealt with under section 75W if—\n> > \n> > > (a) the request has not been determined by 1 September 2018, and\n> > \n> > > (b) the Secretary is of the opinion that insufficient information has been provided to deal with the request and notifies the person who made the request that it will not be dealt with under section 75W.\n> \n> > (5) A concept plan may continue to be modified under section 75W pursuant to a request lodged on or after the cut-off date (whether or not the project is or has ceased to be a transitional Part 3A project), but only if the Minister is satisfied that—\n> > \n> > > (a) the proposed modification is to correct a minor error, misdescription or miscalculation, or\n> > \n> > > (b) the proposed modification is of minimal environmental impact, or\n> > \n> > > (c) the project to which the concept plan as modified relates is substantially the same as the project to which the concept plan currently relates (including any modifications previously made under section 75W).\n> \n> > (5A) A request made in accordance with this clause to modify an approved project or concept plan may, with the consent of the Minister, be amended at any time before the request for modification is determined by the Minister.\n> \n> > (5B) The amendment of a request to modify an approved project or concept plan—\n> > \n> > > (a) must be—\n> > > \n> > > > (i) lodged in the way determined by the Minister, and\n> > > \n> > > > (ii) accompanied by the information specified by the Minister, and\n> > \n> > > (b) may be consented to by the Minister despite being lodged before the commencement of subclause (5A).\n> \n> > (6) In the application of section 4.55(1A) or (2) or 4.56(1) of the Act to the following development, the consent authority need only be satisfied that the development to which the consent as modified relates is substantially the same development as the development authorised by the consent (as last modified under section 75W)—\n> > \n> > > (a) development that was previously a transitional Part 3A project and whose approval was modified under section 75W,\n> > \n> > > (b) development that was taken to be an approved project pursuant to clause 8J of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) and whose consent was modified under section 75W.\n> \n> > (7) To avoid doubt, subclause (2)—\n> > \n> > > (a) applies whether the project remains or has ceased to be a transitional Part 3A project, and\n> > \n> > > (b) extends to a modification under section 75W in relation to a development consent that is taken to be an approved project pursuant to clause 8J of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).","sortOrder":239},{"sectionNumber":"3C","sectionType":"section","heading":"Modification of concept plans","content":"#### 3C Modification of concept plans\n\n3C Modification of concept plans\n\n> > (1) Section 75W continues to apply (subject to clause 3BA) for the purpose of the modification of a concept plan approved before or after the repeal of Part 3A, whether or not the project or any stage of the project is or was a transitional Part 3A project.\n> \n> > (2) This clause applies despite anything to the contrary in this Schedule (other than provisions relating to approval for the carrying out of a project or stage of a project that is given in connection with an approval to modify a concept plan).","sortOrder":240},{"sectionNumber":"3D","sectionType":"section","heading":"Modification of environmental assessment provisions—sections 75H and 75I","content":"#### 3D Modification of environmental assessment provisions—sections 75H and 75I\n\n3D Modification of environmental assessment provisions—sections 75H and 75I\n\n> For the purposes of the application of Part 3A to a transitional Part 3A project—\n> \n> > (a) section 75H(3) is taken not to require the Secretary to accept an environmental assessment before making an environmental assessment publicly available in accordance with that subsection, and\n> \n> > (b) section 75I(2)(g) does not apply to or in respect of a transitional Part 3A project, and\n> \n> > (c) the Minister is not required to consider a statement relating to compliance with environmental assessment requirements for the purposes of section 75J(2)(a) or 75O(2)(a).\n> \n> Note.\n> \n> Section 75N applies sections 75H and 75I to approval for a concept plan for a project in the same way as they apply with respect to an approval to carry out a project.","sortOrder":241},{"sectionNumber":"3E","sectionType":"section","heading":"Time limits for proponents to comply with environmental assessment requirements","content":"#### 3E Time limits for proponents to comply with environmental assessment requirements\n\n3E Time limits for proponents to comply with environmental assessment requirements\n\n> > (1) If the Secretary requires a proponent to make a submission under section 75H(6), the proponent must comply with that requirement—\n> > \n> > > (a) in relation to a response under section 75H(6)(a)—within 30 days, or\n> > \n> > > (b) in relation to a preferred project report referred to in section 75H(6)(b)—within 60 days, or\n> > \n> > > (c) in relation to a revised statement of commitments referred to in section 75H(6)(c)—within 60 days,\n> > \n> > after being notified of that requirement, or within such other period as the Secretary notifies in writing from time to time to the proponent.\n> \n> > (2) If the proponent fails to make a submission within a period specified in this clause, to avoid doubt, the Minister may approve or disapprove the carrying out of a project (under section 75J) or may give or refuse to give approval for a concept plan (under section 75O).\n> \n> > (3) If the Secretary has notified a proponent of a requirement under section 75H(6) before the commencement of this clause, this clause applies to that requirement as if the period specified in relation to the requirement commences on the date of the commencement of this clause.\n> \n> > (4) This clause does not affect the operation of clause 8D of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).","sortOrder":242},{"sectionNumber":"5A","sectionType":"section","heading":"Additional provision relating to modification of approvals for North West Rail Link development","content":"#### 5A Additional provision relating to modification of approvals for North West Rail Link development\n\n5A Additional provision relating to modification of approvals for North West Rail Link development\n\n> > (1) This clause applies to modification request no MP06\\_0157 MOD 1 to modify the staged infrastructure approval (dated 6 May 2008) relating to the North West Rail Link development and to any subsequent modification requests to modify that approval.\n> > \n> > Note.\n> > \n> > The North West Rail Link development is declared to be State significant infrastructure by the operation of clause 5 of this Schedule and Schedule 4 to the [State Environmental Planning Policy (State and Regional Development) 2011](/view/html/repealed/current/epi-2011-0511). The concept plan approved under Part 3A in relation to the development is taken to be an approval for a staged infrastructure application (see clause 5(4)(a) of this Schedule).\n> \n> > (2) Section 115ZI applies to a modification request to which this clause applies as if that request were a request to modify a Minister’s approval within the meaning of that section.\n> \n> > (3) Any actions taken before the commencement of this clause with respect to any modification request to which this clause applies have effect for the purposes of the application of section 115ZI to the request.\n> \n> > (4) This clause is in addition to clause 5.","sortOrder":245},{"sectionNumber":"5B","sectionType":"section","heading":"Postponing the lapsing of approval to carry out State significant infrastructure","content":"#### 5B Postponing the lapsing of approval to carry out State significant infrastructure\n\n5B Postponing the lapsing of approval to carry out State significant infrastructure\n\n> > (1) This clause applies to development that was a transitional Part 3A project and that has been declared to be State significant infrastructure by an order under clause 5.\n> \n> > (2) A condition that causes the approval for the development to lapse on a day (the original lapsing day) does not have effect and the approval instead lapses on the day specified in subclause (3) if—\n> > \n> > > (a) a request has been duly made to the Minister to modify the approval to specify a later day on which the approval will lapse (a relevant modification request), and\n> > \n> > > (b) the relevant modification request is made before the original lapsing day and the request has not been determined on or before that day.\n> \n> > (3) The approval lapses 12 months after the relevant modification request is made unless before the end of that period—\n> > \n> > > (a) the relevant modification request is refused or withdrawn, in which case the approval lapses on the day on which the refusal or withdrawal occurs, or\n> > \n> > > (b) the relevant modification request is granted, in which case the approval lapses on the day specified in the modified approval.\n> \n> > (4) This clause extends to a relevant modification request that was duly made before the commencement of this clause.\n> \n> > (5) If a relevant modification request was made before the commencement of this clause and was not determined before the approval lapsed, the approval is revived for the purposes of the application of this clause and of any other request made before that commencement in relation to the approval. In that case, the period of 12 months referred to in subclause (3) is taken to be the 12 months after the commencement of this clause.","sortOrder":246},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Other transferred provisions—former Parts 1–3 of Schedule 7 to the Act","content":"# Schedule 3 Other transferred provisions—former Parts 1–3 of Schedule 7 to the Act\n\nSchedule 3 Other transferred provisions—former Parts 1–3 of Schedule 7 to the Act\n\n**sch 3:** Ins 2017 No 60, Sch 10.2 \\[8\\] (provisions transferred from the Environmental Planning and Assessment Act 1979 No 203).","sortOrder":264},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Transferred savings, transitional and other provisions—former provisions of Environmental Planning and Assessment Regulation 2000","content":"# Schedule 4 Transferred savings, transitional and other provisions—former provisions of Environmental Planning and Assessment Regulation 2000\n\nSchedule 4 Transferred savings, transitional and other provisions—former provisions of [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557)\n\n**sch 4:** Ins 2018 (66), Sch 1 \\[16\\]. Am 2018 (66), Sch 2 \\[4\\] \\[7\\]–\\[11\\] \\[13\\] \\[21\\] (provisions transferred from the Environmental Planning and Assessment Regulation 2000); 2018 (500), Sch 2 \\[11\\] (provision transferred from the Environmental Planning and Assessment Regulation 2000), Sch 3 \\[8\\]; 2018 No 66, Sch 3.2 \\[2\\] \\[3\\]; 2018 (716), Sch 1 \\[2\\].","sortOrder":275},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Preliminary","content":"# Part 1A Preliminary\n\nPart 1A Preliminary","sortOrder":276},{"sectionNumber":"Part 1B","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 1B Miscellaneous provisions\n\nPart 1B Miscellaneous provisions","sortOrder":278},{"sectionNumber":"8A","sectionType":"section","heading":"Definitions","content":"#### 8A Definitions\n\n8A Definitions\n\n> > (1) In this Schedule—\n> > \n> > environmental assessment requirements for a project (including a concept plan for a project) means environmental assessment requirements prepared by the Secretary under section 75F of the Act.\n> > \n> > project means development to which Part 3A of the Act applies.\n> > \n> > project application means—\n> > \n> > > (a) an application for the Minister’s approval to carry out a project under Part 3A of the Act, or\n> > \n> > > (b) an application for the Minister’s approval for a concept plan for a project under Part 3A of the Act, or\n> > \n> > > (c) a single application for both an approval to carry out a project under Part 3A of the Act and for a concept plan for a project under that Part.\n> \n> > (2) In this Schedule—\n> > \n> > > (a) a reference to the end of the public consultation period for a project or concept plan is a reference to the end of the period of 30 days referred to in section 75H(3) of the Act in relation to the project or concept plan, and\n> > \n> > > (b) a reference to the end of the proponent’s environmental assessment period for a project or concept plan is a reference to the time at which the proponent has complied with all of the Secretary’s requirements under section 75H of the Act.\n> \n> > (3) In this Schedule, a reference to section 75F, 75H or 75I of the Act includes, in the case of a concept plan for a project, a reference to any such section as applied by section 75N of the Act.","sortOrder":279},{"sectionNumber":"8B","sectionType":"section","heading":"Matters for environmental assessment and Ministerial consideration","content":"#### 8B Matters for environmental assessment and Ministerial consideration\n\n8B Matters for environmental assessment and Ministerial consideration\n\n> The Secretary’s report under section 75I of the Act in relation to a project is to include the following matters (to the extent that those matters are not otherwise included in that report in accordance with the requirements of that section)—\n> \n> > (a) an assessment of the environmental impact of the project,\n> \n> > (b) any aspect of the public interest that the Secretary considers relevant to the project,\n> \n> > (c) the suitability of the site for the project,\n> \n> > (d) copies of submissions received by the Secretary in connection with public consultation under section 75H or a summary of the issues raised in those submissions.\n> \n> Note.\n> \n> Section 75J(2) of the Act requires the Minister to consider the Secretary’s report (and the reports, advice and recommendations contained in it) when deciding whether or not to approve the carrying out of a project.","sortOrder":280},{"sectionNumber":"8C","sectionType":"section","heading":"Time limits for dealing with applications and other matters","content":"#### 8C Time limits for dealing with applications and other matters\n\n8C Time limits for dealing with applications and other matters\n\n> The following time limits are prescribed for dealing with applications and other matters under Part 3A of the Act—\n> \n> > (a) The time within which the Secretary is to notify the proponent of environmental assessment requirements with respect to a project or concept plan is 28 days after the proponent requests the Secretary to prepare those requirements.\n> \n> > (b) The time within which the Secretary is to accept the environmental assessment with respect to a project or concept plan, or require the proponent to submit a revised environmental assessment, under section 75H of the Act is 21 days after the environmental assessment is received by the Secretary.\n> \n> > (c) The time within which the Secretary is required to send copies of submissions received or a report of the issues raised in those submissions to the proponent and others under section 75H(5) of the Act (or to notify the proponent that no submissions were received) is 10 days after the end of the public consultation period for the project or concept plan.","sortOrder":281},{"sectionNumber":"8D","sectionType":"section","heading":"Rejection of applications if proponent fails to comply with requirements","content":"#### 8D Rejection of applications if proponent fails to comply with requirements\n\n8D Rejection of applications if proponent fails to comply with requirements\n\n> > (1) This clause applies to project applications.\n> \n> > (2) If—\n> > \n> > > (a) any such application has not been duly made, and\n> > \n> > > (b) the Secretary has notified the proponent of the action required to ensure that the application is duly made, and\n> > \n> > > (c) the proponent has failed to take that action within 14 days after being so notified,\n> > \n> > the Minister may decide to reject the application without determining whether to approve or disapprove of the carrying out of the project or to give or refuse to give approval for the concept plan (as the case requires).\n> \n> > (3) If—\n> > \n> > > (a) the proponent has failed to comply with the Secretary’s requirements under section 75H of the Act in connection with an application, and\n> > \n> > > (b) the Secretary has notified the proponent of the requirements that have not been complied with, and\n> > \n> > > (c) the proponent has failed to comply with those requirements within 21 days after being so notified,\n> > \n> > the Minister may decide to reject the application without determining whether to approve or disapprove of the carrying out of the project or to give or refuse to give approval for the concept plan (as the case requires).\n> \n> > (4) An application is taken to be rejected and never to have been made when the proponent is given notice of the Minister’s decision to reject the application under this clause.\n> \n> > (5) The Secretary must refund to the proponent the whole of any fee paid in connection with an application that is rejected under this clause.","sortOrder":282},{"sectionNumber":"8E","sectionType":"section","heading":"Provisions relating to appeals","content":"#### 8E Provisions relating to appeals\n\n8E Provisions relating to appeals\n\n> > (1) Date of receipt of notice of determination For the purposes of determining the commencement of the appeal period under section 75K(2)(a), 75L(3) or 75Q(2)(a) of the Act, notice of the determination concerned is received on the date that the notice is received (or taken to have been received) in accordance with section 153 of the Act.\n> \n> > (2) Proponent appeal relating to approval of project—deemed refusal For the purposes of section 75K(2)(b) of the Act, the date on which a pending application for approval to carry out a project is taken to have been refused for the purposes only of enabling an appeal within 3 months after the date of the deemed refusal is as follows—\n> > \n> > > (a) 60 days from the end of the proponent’s environmental assessment period for the project, except as provided by paragraph (b) or (c),\n> > \n> > > (b) 120 days from the end of that period if the Secretary notifies the proponent, when notifying the environmental assessment requirements for the project, that the project involves a complex environmental assessment and approval process,\n> > \n> > > (c) 30 days from the end of that period if the Secretary notifies the proponent, when notifying the environmental assessment requirements for the project, that the project does not involve a complex environmental assessment and approval process.\n> \n> > (3) Proponent appeal relating to concept plan or modification of concept plan—deemed refusal For the purposes of section 75Q(2)(b) of the Act, the date on which a pending application for approval of a concept plan or to modify a concept plan is taken to have been refused for the purposes only of enabling an appeal within 3 months after the date of the deemed refusal is as follows—\n> > \n> > > (a) 60 days from the end of the proponent’s environmental assessment period for the concept plan, except as provided by paragraph (b) or (c),\n> > \n> > > (b) 120 days from the end of that period if the Secretary notifies the proponent, when notifying the environmental assessment requirements for the concept plan, that the concept plan involves a complex environmental assessment and approval process,\n> > \n> > > (c) 30 days from the end of that period if the Secretary notifies the proponent, when notifying the environmental assessment requirements for the concept plan, that the concept plan does not involve a complex environmental assessment and approval process.\n> \n> > (4) Proponent appeal relating to modifications of approval The time within which an appeal may be made under section 75W(5) of the Act is 3 months after—\n> > \n> > > (a) the date on which the proponent received (or is taken to have received) notice of the determination of the request for a modification of the approval for a project in accordance with section 153 of the Act, or\n> > \n> > > (b) the expiration of the period of 40 days after the request for the modification was made during which the Minister has failed to determine the request.","sortOrder":283},{"sectionNumber":"8F","sectionType":"section","heading":"Owner’s consent or notification","content":"#### 8F Owner’s consent or notification\n\n8F Owner’s consent or notification\n\n> > (1) The consent of the owner of land on which a project is to be carried out is required for a project application or modification application unless—\n> > \n> > > (a) the application is made by a public authority, or\n> > \n> > > (b) the application relates to a critical infrastructure project, or\n> > \n> > > (c) the application relates to a mining or petroleum production project, or\n> > \n> > > (d) the application relates to a linear infrastructure project, or\n> > \n> > > (e) the application relates to a project on land with multiple owners designated by the Secretary for the purposes of this clause.\n> \n> > (1A) The consent of the New South Wales Aboriginal Land Council is required for a project application or modification application relating to land owned by a Local Aboriginal Land Council if the consent of the Local Aboriginal Land Council is required as owner of the land to the application.\n> \n> > (2) Any such consent may be obtained at any time before the determination of the application.\n> \n> > (3) If the consent of the owner of the land is not required for a project application under this clause, then the proponent is required to give notice of the application—\n> > \n> > > (a) in the case of a linear infrastructure project or a project designated under subclause (1)(e)—to the public by advertisement published in a newspaper circulating in the area of the project before the start of the public consultation period for the project, or\n> > \n> > > (b) in the case of a project that comprises mining or petroleum production (other than a project that also comprises a linear infrastructure project)—to the public by advertisement published in a newspaper circulating in the area of the project before the end of the period of 14 days after the application is made, or\n> > \n> > > (c) in the case of a critical infrastructure project (other than a project that also comprises a linear infrastructure project or mining or petroleum production project)—to the owner of the land before the end of period of 14 days after the application is made, or\n> > \n> > > (d) in any other case—to the owner of the land at any time before the application is made.\n> \n> > (4) In this section—\n> > \n> > linear infrastructure project means development for the purposes of linear transport or public utility infrastructure.\n> > \n> > mining or petroleum production includes any activity that is related to mining or petroleum production, but does not include any activity to the extent that it is carried out on land that is a state conservation area reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > modification application means a request for modification of approval for a project under section 75W of the Act.","sortOrder":284},{"sectionNumber":"8G","sectionType":"section","heading":"Public information about documents relating to projects","content":"#### 8G Public information about documents relating to projects\n\n8G Public information about documents relating to projects\n\n> > (1) This clause applies to the duty of the Secretary under section 75X(2) of the Act to make specified documents relating to a project publicly available.\n> \n> > (2) The documents are to be made available on the Department’s website and in such other locations as the Secretary determines.\n> \n> > (3) The documents are to be posted on the Department’s website and in those other locations within 14 days of—\n> > \n> > > (a) in the case of a document that is an application, request or submission—the date on which the application, request or submission is made, or\n> > \n> > > (b) in the case of a document that is a determination of environmental assessment requirements, a report or an approval—the date on which the determination, report or approval is made or given.\n> \n> > (4) In addition to the documents referred to in section 75X(2) of the Act, the Secretary is to include on the Department’s website and in such other locations as the Secretary determines the following documents—\n> > \n> > > (a) the declaration of development as a project to which Part 3A of the Act applies or its declaration as a critical infrastructure project,\n> > \n> > > (b) guidelines published under section 75F or 75H of the Act,\n> > \n> > > (c) any environmental assessment in relation to a project that has been placed on public exhibition under section 75H of the Act,\n> > \n> > > (d) responses to submissions, preferred project reports and other material in relation to a project provided to the Secretary by the proponent after the end of the public consultation period (whether under section 75H(6) of the Act or otherwise),\n> > \n> > > (e) reports of panels under section 75G of the Act (as in force before its repeal) or of reviews by the Planning Assessment Commission or reports by the Planning Assessment Commission where a public hearing has been held,\n> > \n> > > (f) any reasons given to the proponent by the Minister as referred to in section 75X(3) of the Act.\n> \n> > (5) A document may be made available on the Department’s website by providing an electronic link to the document on another website.","sortOrder":285},{"sectionNumber":"8H","sectionType":"section","heading":"Fees","content":"#### 8H Fees\n\n8H Fees\n\n> The fees for applications and exercise of functions under Part 3A of the Act are as set out in Part 15 of this Regulation.","sortOrder":286},{"sectionNumber":"8I","sectionType":"section","heading":"Enforcement: critical infrastructure","content":"#### 8I Enforcement: critical infrastructure\n\n8I Enforcement: critical infrastructure\n\n> In accordance with section 75R(5) of the Act, Division 2A of Part 6 of the Act applies to a critical infrastructure project only to the extent that it authorises the Minister or the Secretary to give an order or exercise any other function under that Division.","sortOrder":287},{"sectionNumber":"8J","sectionType":"section","heading":"Transitional provisions","content":"#### 8J Transitional provisions\n\n8J Transitional provisions\n\n> > (1AA) The Secretary may accept, as an application for approval of a project under Part 3A of the Act, any development application made under Part 4 of the Act with respect to any development before it becomes a project to which Part 3A of the Act applies. The Secretary may, for that purpose, require any matter to be provided by the applicant that he or she could require to be included in the application under section 75E of the Act.\n> \n> > (1) The Secretary may adopt (with or without modification), as environmental assessment requirements for a project or concept plan, environmental assessment requirements issued by the Secretary under Part 4 or Part 5 of the Act with respect to any development or activity before it becomes a project to which Part 3A of the Act applies.\n> \n> > (2) The Secretary may accept (with or without modification), as an environmental assessment for a project or part of a project or concept plan—\n> > \n> > > (a) an environmental impact statement obtained in accordance with the requirements of the Secretary under Part 4 or Part 5 of the Act with respect to any development or activity before it becomes a project or part of a project to which Part 3A of the Act applies, or\n> > \n> > > (b) a statement of environmental effects (as referred to in clause 2(1)(c) of Schedule 1) prepared in connection with the development concerned before it becomes a project or part of a project to which Part 3A of the Act applies, or\n> > \n> > > (c) a written assessment arising out of the consideration, under section 111 of the Act, of the environmental impact of an activity and prepared before the activity becomes a project or part of a project to which Part 3A of the Act applies.\n> \n> > (2A) If the Secretary accepts (with or without modification) an environmental impact statement, a statement of environmental effects or a written assessment as an environmental assessment for a project or part of a project or a concept plan—\n> > \n> > > (a) the Secretary is taken to have prepared environmental assessment requirements in respect of the project or part of a project or concept plan, and\n> > \n> > > (b) the environmental assessment as so accepted is taken to comply with those requirements.\n> \n> > (3) The Secretary may accept, as a period of public availability of the environmental assessment for a project or part of a project or concept plan (under section 75H(3) of the Act), a period of public exhibition of an environmental impact statement or a statement of environmental effects referred to in subclause (2) before the relevant development or activity becomes a project or part of a project to which Part 3A of the Act applies. For that purpose, and to avoid doubt, if the period of public exhibition is less than 30 days, it is accepted only to the extent of the actual period of public exhibition.\n> \n> > (3A) If any such period of public exhibition of an environmental impact statement or a statement of environmental effects is accepted by the Secretary, the proponent must provide the Secretary with any written submissions made during the public exhibition period in relation to the relevant development or activity.\n> \n> > (4) Despite its repeal, section 88A of the Act continues to apply (and Parts 3A and 5.1 and Division 4.1 of Part 4 of the Act do not apply) to development that is the subject of a development application that was directed to be referred to the Minister under that section before its repeal.\n> \n> > (4A) If a development application is made after the commencement of Part 3A of the Act in respect of any development that—\n> > \n> > > (a) was, immediately before the repeal of section 89 of the Act, the subject of a direction under that section, and\n> > \n> > > (b) is not a project to which Part 3A of the Act applies,\n> > \n> > the Minister may direct that the application is to be determined (unless the development application is withdrawn by the applicant) as if the amendments made to the Act by Schedule 1 to the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043) had not been made.\n> \n> > (5) If a development application is made after the commencement of Part 3A of the Act in respect of any development that, immediately before the commencement of Part 3A, was declared to be State significant development by notice in force under section76A(7) of the Act, the Minister may direct that the application is to be determined (unless the development application is withdrawn by the applicant) as if the amendments made to the Act by Schedule 1 to the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043) had not been made.\n> \n> > (6) Clause 89 of Part 17 to Schedule 6 to the Act extends to development applications pending on the commencement of Part 3A of the Act for development that was State significant development on the commencement of the [State Environmental Planning Policy (State Significant Development) 2005](/view/html/repealed/current/epi-2005-0194).\n> \n> > (7) If—\n> > \n> > > (a) a development application was made before the commencement of Part 3A of the Act on the basis that the development was State significant development, and\n> > \n> > > (b) the Minister is required to form an opinion that the development is State significant development in order to determine the application on that basis (but the Minister had not, before that commencement, formed an opinion on the matter),\n> > \n> > the Minister may, after that commencement, form an opinion that the development was, at the time the application was made, State significant development. In that case, the application is to be determined (unless withdrawn by the applicant) as if the amendments made to the Act by Schedule 1 to the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043) had not been made.\n> > \n> > Note.\n> > \n> > The references to State significant development in this subclause refer to the meaning that term had before the commencement of Part 3A and not to its current meaning.\n> \n> > (8) For the purposes only of modification, the following development consents are taken to be approvals under Part 3A of the Act and section 75W of the Act applies to any modification of such a consent—\n> > \n> > > (a) a development consent granted by the Minister under section 100A or 101 of the Act,\n> > \n> > > (b) a development consent granted by the Minister under [State Environmental Planning Policy No 34—Major Employment-Generating Industrial Development](/view/html/repealed/current/epi-1993-0125),\n> > \n> > > (c) a development consent granted by the Minister under Part 4 of the Act (relating to State significant development) before 1 August 2005 or under clause 89 of Schedule 6 to the Act,\n> > \n> > > (d) a development consent granted by the Land and Environment Court, if the original consent authority was the Minister and the consent was of a kind referred to in paragraph (c).\n> > \n> > The development consent, if so modified, does not become an approval under Part 3A of the Act.\n> \n> > (8A) Subclause (8), as in force before its substitution by the [Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2010](/view/pdf/asmade/sl-2010-104), applies to any development consent for which approval for the treatment of the consent as an approval for the purposes of section 75W of the Act—\n> > \n> > > (a) was given before that substitution, or\n> > \n> > > (b) is given after that substitution, but where the application for the approval was made before that substitution.\n> \n> > (8B) The Secretary may waive any fee payable in respect of an application under section 75W of the Act if the application relates to a development consent that is taken to be an approval under Part 3A of the Act and a fee has been paid in respect of the application under section 96 of the Act.\n> \n> > (9) For the purposes of this clause, and to avoid doubt, a development application is made by a person when the person first applies to the consent authority for consent to carry out the particular development, whether or not the application at that time had been consented to by the owner of the land to which the development application relates.","sortOrder":288},{"sectionNumber":"8K","sectionType":"section","heading":"Transitional provision—existing mining leases","content":"#### 8K Transitional provision—existing mining leases\n\n8K Transitional provision—existing mining leases\n\n> > (1) Despite its repeal by Schedule 7.11 to the Amending Act, section 74 of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) (Mining unaffected by [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) continues to have effect in respect of an existing mining lease in respect of which mining operations are carried out underground until—\n> > \n> > > (a) the end of the relevant transition period, or\n> > \n> > > (b) such time as an approval is given to carry out mining operations in the mining area,\n> > \n> > whichever is the sooner.\n> \n> > (2) However, if any such approval is limited to the carrying out of mining operations in a part of the mining area only, section 74 of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) continues to have effect in respect of so much of the existing mining lease as relates to the other parts of the mining area, but only until the end of the relevant transition period or until such time as an approval is given to carry out mining operations in those other parts (whichever is the sooner).\n> \n> > (3) In this clause—\n> > \n> > Amending Act means the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043).\n> > \n> > approval means an approval under Part 3A of the Act, but does not include the approval of a concept plan under that Part.\n> > \n> > existing mining lease means a mining lease in force immediately before 16 December 2005.\n> > \n> > mining area, mining lease and mining operations have the same meanings as in the [Mining Act 1992](/view/html/inforce/current/act-1992-029).\n> > \n> > relevant transition period means—\n> > \n> > > (a) the period ending on 30 September 2012 if, on or before 16 December 2010, the Secretary has notified environmental assessment requirements under section 75F(3) of the Act for approval to carry out mining operations in the mining area, or\n> > \n> > > (b) the period ending on 16 December 2010, in any other case.","sortOrder":289},{"sectionNumber":"8L","sectionType":"section","heading":"Transitional provision—objections under Mining Act in relation to Part 3A projects","content":"#### 8L Transitional provision—objections under Mining Act in relation to Part 3A projects\n\n8L Transitional provision—objections under Mining Act in relation to Part 3A projects\n\n> > (1) The reference in clause 28(b) of Schedule 1 to the [Mining Act 1992](/view/html/inforce/current/act-1992-029) to any person who is entitled to make submissions in relation to the granting of development consent to use land for the purpose of obtaining minerals or for one or more mining purposes (the relevant development) is taken to include—\n> > \n> > > (a) if the relevant development is development to which Part 3A of the Act applies—a reference to any person who is entitled, under section 75H of the Act, to make a written submission in relation to the approval of that project, or\n> > \n> > > (b) if the Secretary has, under clause 8J(3) of this Regulation, accepted a period of public exhibition of an environmental impact assessment with respect to the relevant development before it becomes a project to which Part 3A of the Act applies—a reference to any person who was entitled to make a written submission during the public exhibition period in relation to the relevant development.\n> \n> > (2) Pursuant to Part 1 of Schedule 6 to the Act, this clause is taken to have commenced on the commencement of Part 3A of the Act.","sortOrder":290},{"sectionNumber":"8M","sectionType":"section","heading":"Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act","content":"#### 8M Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act\n\n8M Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act\n\n> > (1) If development is declared to be a project under Part 3A of the Act, any development consent under Part 4 of the Act or approval under Part 5 of the Act that applies to the project or land on which the project is to be carried out continues in force despite that declaration.\n> \n> > (2) If a declaration of a project under Part 3A of the Act is revoked before or after approval has been given under that Part to carry out the project, the Minister may make any of the following determinations—\n> > \n> > > (a) that the whole or part of the effect of the approval is preserved and is taken to be a development consent granted under Part 4 of the Act by an appropriate consent authority nominated by the Minister,\n> > \n> > > (b) that the whole or a specified part of an action under Part 4 or Part 5 of the Act in respect of the whole or part of a project is revived and has effect,\n> > \n> > > (c) that an environmental assessment under Part 3A of the Act is to be recognised for the purpose of complying with a specified environmental assessment requirement under Part 4 or Part 5 of the Act.\n> \n> > (3) A determination of the Minister under subclause (2) has effect on the revocation of the declaration of the project.\n> \n> > (4) Subclause (2) does not apply if a project ceases to be a project to which Part 3A of the Act applies because of section 75P(1)(b) of the Act.","sortOrder":291},{"sectionNumber":"8N","sectionType":"section","heading":"Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations","content":"#### 8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations\n\n8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations\n\n> > (1) For the purposes of sections 75J(3) and 75O(3) of the Act, approval for a project application may not be given under Part 3A of the Act for any project, or part of a project, that—\n> > \n> > > (a) is located within an environmentally sensitive area of State significance or a sensitive coastal location, and\n> > \n> > > (b) is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.\n> \n> > (2) To avoid doubt, a project is not prohibited for the purposes of subclause (1)(b) if—\n> > \n> > > (a) it is not permitted because of the application of a development standard under the environmental planning instrument, or\n> > \n> > > (b) it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.\n> \n> > (3) In this clause—\n> > \n> > environmentally sensitive area of State significance has the same meaning as it has in [State Environmental Planning Policy (State and Regional Development) 2011](/view/html/repealed/current/epi-2011-0511).\n> > \n> > sensitive coastal location has the same meaning as it has in Schedule 4A to the Act.","sortOrder":292},{"sectionNumber":"8O","sectionType":"section","heading":"Other projects prohibited by environmental planning instruments for which project approval may not be given","content":"#### 8O Other projects prohibited by environmental planning instruments for which project approval may not be given\n\n8O Other projects prohibited by environmental planning instruments for which project approval may not be given\n\n> > (1) For the purposes of section 75J(3) of the Act, approval for the carrying out of a project may not be given under Part 3A of the Act for any project, or part of a project, that—\n> > \n> > > (a) is not the subject of an authorisation or requirement under section 75M of the Act to apply for approval of a concept plan, and\n> > \n> > > (b) is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.\n> \n> > (2) To avoid doubt, a project is not prohibited for the purposes of subclause (1)(b) if—\n> > \n> > > (a) it is not permitted because of the application of a development standard under the environmental planning instrument, or\n> > \n> > > (b) it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.\n> \n> > (3) This clause does not apply to a project for which the giving of approval is prohibited by clause 8N.","sortOrder":293},{"sectionNumber":"8OA","sectionType":"section","heading":"Transitional provision—projects or concept plans otherwise prohibited for which approval may be given","content":"#### 8OA Transitional provision—projects or concept plans otherwise prohibited for which approval may be given\n\n8OA Transitional provision—projects or concept plans otherwise prohibited for which approval may be given\n\n> Clauses 8N and 8O do not apply to a project application if, before the commencement of those clauses, the Secretary had notified the proponent of environmental assessment requirements under section 75F of the Act relating to the project, or part of the project, concerned.","sortOrder":294},{"sectionNumber":"8P","sectionType":"section","heading":"Surrender of approvals given under Part 3A of the Act or existing use rights","content":"#### 8P Surrender of approvals given under Part 3A of the Act or existing use rights\n\n8P Surrender of approvals given under Part 3A of the Act or existing use rights\n\n> > (1) A surrender of an approval under Part 3A of the Act or a right conferred by Division 10 of Part 4 of the Act (referred to in section 75YA of the Act) is to be made by giving to the Secretary a notice in writing of the surrender of the approval or right.\n> \n> > (2) The notice must contain the following information—\n> > \n> > > (a) the name and address of the person by whom the notice is given,\n> > \n> > > (b) the address, and formal particulars of title, of the land to which the approval or right relates,\n> > \n> > > (c) a description of the approval or right to be surrendered,\n> > \n> > > (d) if the person giving notice is not the owner of the land, a statement by the owner of the land to the effect that the owner consents to the surrender of the approval or right.\n> \n> > (3) A duly signed and delivered notice of surrender of an approval or right conferred by Division 10 of Part 4 of the Act takes effect on the date determined by the Secretary and operates, according to its terms, to surrender the approval or right to which it relates.","sortOrder":295},{"sectionNumber":"12A","sectionType":"section","heading":"Operation of 2010 amending Regulation","content":"#### 12A Operation of 2010 amending Regulation\n\n12A Operation of 2010 amending Regulation\n\n> > (1) This clause applies to any pending LEP to which the former LEP plan-making provisions continue to apply because of clause 12, as amended by the [Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010](/view/pdf/asmade/sl-2010-34), but to which those provisions did not apply before the commencement of that Regulation.\n> \n> > (2) For the purposes of the application of the former LEP plan-making provisions to a pending LEP to which this clause applies, any thing purporting to have been done or omitted before the commencement of that Regulation in accordance with the former LEP plan-making provisions in respect of the pending LEP is taken to have been done or omitted under and in accordance with the former LEP plan-making provisions.\n> \n> > (3) The amendments to clause 12 made by the [Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010](/view/pdf/asmade/sl-2010-34) apply, but this clause does not apply, to the proposed local environmental plan relating to South Tralee submitted to the Secretary on or about 6 November 2009 by the Queanbeyan City Council.","sortOrder":297},{"sectionNumber":"15A","sectionType":"section","heading":"Transitional provision relating to affordable housing","content":"#### 15A Transitional provision relating to affordable housing\n\n15A Transitional provision relating to affordable housing\n\n> Until the commencement of Part 5B of the Act (to be inserted by Schedule 3 to the [Environmental Planning and Assessment Amendment Act 2008](/view/html/repealed/current/act-2008-036)), section 94F(3)(b) of the Act is to be construed as if the reference to a condition authorised to be imposed by a LEP (which before the commencement of Schedule 1 to that Act included a reference to a condition authorised to be imposed by a regional environmental plan) were a reference to a condition authorised to be imposed by a SEPP or a LEP.","sortOrder":300},{"sectionNumber":"25AD","sectionType":"section","heading":"Further transitional provisions: 2005 Amending Act","content":"#### 25AD Further transitional provisions: 2005 Amending Act\n\n25AD Further transitional provisions: 2005 Amending Act\n\n> > (1) In this clause—\n> > \n> > deemed DCP means a master plan, in force under a provision of an environmental planning instrument immediately before the relevant commencement, that is taken to be a development control plan under section 74D of the Act because of clause 95 of Schedule 6 to the Act, and includes a master plan that is taken to be a development control plan as provided by subclause (4).\n> > \n> > relevant commencement means the date on which Schedule 2 to the 2005 Amending Act commences.\n> > \n> > 2005 Amending Act means the [Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005](/view/html/repealed/current/act-2005-043).\n> \n> > (2) Effect of section 74C on deemed DCPs Section 74C(2) and (5) of the Act (as inserted by the 2005 Amending Act) does not render invalid any deemed DCP until such time as the principal local environmental planning instrument applying to the land concerned adopts the applicable mandatory provisions of the Standard Instrument.\n> \n> > (3) Amendment of deemed DCPs A deemed DCP may be amended or revoked only in accordance with the procedures provided in relation to the making of the master plan by the environmental planning instrument under which it was made. Accordingly, section 74C(4) of the Act does not apply in relation to a deemed DCP.\n> \n> > (4) Pending master plans Any master plan lodged under a provision of an environmental planning instrument but not made or adopted as at the relevant commencement may, after that commencement, proceed to be made or adopted as if the amendments made to the Act and this Regulation by Schedules 2 and 7.3 to the 2005 Amending Act had not been made. Once it is made or adopted, the master plan is taken to be a development control plan under section 74D of the Act.","sortOrder":301},{"sectionNumber":"123A","sectionType":"section","heading":"Effect of amendments made by Land and Environment Court Amendment Act 2002","content":"#### 123A Effect of amendments made by Land and Environment Court Amendment Act 2002\n\n123A Effect of amendments made by [Land and Environment Court Amendment Act 2002](/view/html/repealed/current/act-2002-076)\n\n> > (1) The Act, as in force immediately before the commencement of the [Land and Environment Court Amendment Act 2002](/view/html/repealed/current/act-2002-076), continues to apply to and in respect of—\n> > \n> > > (a) a review of a determination requested under section 82A of the Act, but not completed, before that commencement, and\n> > \n> > > (b) an appeal made under section 97 of the Act, but not finally determined, before that commencement.\n> \n> > (2) The Act, as in force immediately before the commencement of the [Land and Environment Court Amendment Act 2002](/view/html/repealed/current/act-2002-076), continues to apply to and in respect of the modification of a development consent the application for which was made, but not finally determined, before that commencement.","sortOrder":302},{"sectionNumber":"21A","sectionType":"section","heading":"Compliance cost notices","content":"#### 21A Compliance cost notices\n\n21A Compliance cost notices\n\n> A compliance cost notice may only be served on a person if the order to which it relates is given to the person on or after the commencement of section 121CA of the Act.","sortOrder":325},{"sectionNumber":"21B","sectionType":"section","heading":"Transitional provisions for development consents for bush fire prone land","content":"#### 21B Transitional provisions for development consents for bush fire prone land\n\n21B Transitional provisions for development consents for bush fire prone land\n\n> > (1) This clause applies to applications for development consent lodged before 25 February 2012.\n> \n> > (2) The consent authority may grant development consent to development referred to in section 79BA(1) of the Act if it has consulted with the Commissioner of the NSW Rural Fire Service about development consents for bush fire prone land to ensure appropriate measures are taken with respect to development to protect persons, property and the environment from danger that may arise from a bush fire.","sortOrder":327},{"sectionNumber":"44A","sectionType":"section","heading":"Proceedings for offences","content":"#### 44A Proceedings for offences\n\n44A Proceedings for offences\n\n> > (1) This clause applies if, before the substitution of section 127(5A) of the Act by the [Environmental Planning and Assessment Amendment Act 2014](/view/html/repealed/current/act-2014-079), evidence of an alleged offence against the Act or the regulations under the Act came to the attention of an authorised officer appointed under section 122I of the Act.\n> \n> > (2) In any such case, the evidence is taken, for the purposes of section 127(5A) of the Act, to have first come to the attention of an investigation officer when the evidence first came to the attention of the authorised officer.","sortOrder":358},{"sectionNumber":"47","sectionType":"section","heading":"Assessment period for development applications for State significant development","content":"#### 47 Assessment period for development applications for State significant development\n\n47 Assessment period for development applications for State significant development\n\n> The amendment made to clause 106 by the [Environmental Planning and Assessment Amendment (Offences and Enforcement) Regulation 2015](/view/pdf/asmade/sl-2015-424) does not apply in respect of a development application that was made but not finally determined before the commencement of that amendment.","sortOrder":362},{"sectionNumber":"48","sectionType":"section","heading":"Application of amendments relating to fire safety reports","content":"#### 48 Application of amendments relating to fire safety reports\n\n48 Application of amendments relating to fire safety reports\n\n> > (1) If a certifying authority has forwarded to the Fire Commissioner the documents required by clause 144 before the commencement of the 2015 amendments and has not, on or before that commencement, determined the application for the construction certificate—\n> > \n> > > (a) the certifying authority must not determine the application otherwise than in accordance with this clause, and\n> > \n> > > (b) the certifying authority must notify the Fire Commissioner within 28 days that it has forwarded those documents and that the application for the construction certificate has not been determined, and\n> > \n> > > (c) clause 144, as amended by the 2015 amendments, applies to the determination of the application for the construction certificate as if the date of the notification given under paragraph (b) were the document receipt date.\n> \n> > (2) In this clause—\n> > \n> > the 2015 amendments means the amendments made by the Environmental Planning and Assessment Amendment (Fire Safety Reports) Regulation 2015.","sortOrder":364},{"sectionNumber":"49","sectionType":"section","heading":"Existing Ministerial delegations relating to making of LEPs for areas in Greater Sydney Region","content":"#### 49 Existing Ministerial delegations relating to making of LEPs for areas in Greater Sydney Region\n\n49 Existing Ministerial delegations relating to making of LEPs for areas in Greater Sydney Region\n\n> > (1) Any delegation by the Minister of any of the Minister’s functions under Part 3 of the Act relating to the making of local environmental plans that apply to local government areas in the Greater Sydney Region, being a delegation in force immediately before 27 January 2016, is taken to be a delegation by the Greater Sydney Commission of those functions. Accordingly, a reference to the Minister in the instrument of any such existing delegation is taken to be a reference to the Greater Sydney Commission.\n> \n> > (2) This clause ceases to have effect on the commencement of Schedule 1\\[7\\] to the [Planning Legislation Amendment (Greater Sydney Commission) Act 2018](/view/html/repealed/current/act-2018-066).\n> \n> > (3) Subclause (2) does not affect the validity of anything done by the Greater Sydney Commission or a delegate of the Greater Sydney Commission under this clause before that commencement.","sortOrder":366},{"sectionNumber":"50","sectionType":"section","heading":"Continuation of existing LEP–making processes for areas in Greater Sydney Region","content":"#### 50 Continuation of existing LEP–making processes for areas in Greater Sydney Region\n\n50 Continuation of existing LEP–making processes for areas in Greater Sydney Region\n\n> > (1) The Greater Sydney Commission may, on or after 27 January 2016, make a local environmental plan that applies to a local government area in the Greater Sydney Region even though the process under Part 3 of the Act for the preparation of the plan (including the preparation of the relevant planning proposal under section 55 of the Act and any community consultation under section 57 of the Act) was commenced, or occurred, before that date. For that purpose, anything done before that date by the Minister under Part 3 of the Act in connection with any such proposed plan is taken to have been done by the Greater Sydney Commission.\n> \n> > (2) This clause ceases to have effect on the commencement of Schedule 1\\[7\\] to the [Planning Legislation Amendment (Greater Sydney Commission) Act 2018](/view/html/repealed/current/act-2018-066).","sortOrder":367},{"sectionNumber":"51","sectionType":"section","heading":"Existing directions under section 117 relating to planning proposals in Greater Sydney Region","content":"#### 51 Existing directions under section 117 relating to planning proposals in Greater Sydney Region\n\n51 Existing directions under section 117 relating to planning proposals in Greater Sydney Region\n\n> Any direction given under section 117 of the Act before 27 January 2016 ceases to have effect on that date to the extent that the direction—\n> \n> > (a) requires a relevant planning authority to give effect to the document entitled A Plan for Growing Sydney (as referred to in section 75AE(3) of the Act) in preparing a planning proposal under section 55 of the Act, or\n> \n> > (b) imposes any obligation on a relevant planning authority that is inconsistent with the requirement under section 75AI(2) of the Act for the planning authority to give effect to certain strategic plans (as referred to in that subsection) in preparing a planning proposal.","sortOrder":368},{"sectionNumber":"52","sectionType":"section","heading":"Proceedings relating to validity of instruments","content":"#### 52 Proceedings relating to validity of instruments\n\n52 Proceedings relating to validity of instruments\n\n> Despite any other provision of this Part, the Minister (or the Minister’s delegate) continues to be a party to any of the following legal proceedings in which the validity of an environmental planning instrument is questioned—\n> \n> > (a) proceedings commenced but not completed before 27 January 2016,\n> \n> > (b) proceedings commenced on or after that date relating to an instrument made before that date.","sortOrder":369},{"sectionNumber":"53","sectionType":"section","heading":"Existing applications","content":"#### 53 Existing applications\n\n53 Existing applications\n\n> If a development application or an application for an occupation certificate is made before the commencement of the [Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016](/view/pdf/asmade/sl-2016-303) and the application has not been finally determined before that commencement, the application must be determined as if that Regulation had not been made.","sortOrder":371},{"sectionNumber":"54","sectionType":"section","heading":"Existing environmental impact statements","content":"#### 54 Existing environmental impact statements\n\n54 Existing environmental impact statements\n\n> If a proponent has been notified of environmental assessment requirements by the Secretary under section 115Y(4) of the Act before the commencement of the [Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016](/view/pdf/asmade/sl-2016-303), any environmental impact statement prepared by or on behalf of the proponent for the purposes of the environmental assessment may be prepared as if that Regulation had not been made.","sortOrder":372},{"sectionNumber":"55","sectionType":"section","heading":"General savings","content":"#### 55 General savings\n\n55 General savings\n\n> The [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), as in force immediately before its amendment by the [Environmental Planning and Assessment Amendment (Schools) Regulation 2017](/view/pdf/asmade/sl-2017-491), continues to apply to the determination of all applications for complying development certificates made, but not finally determined, before the commencement of the amending Regulation.","sortOrder":374},{"sectionNumber":"56","sectionType":"section","heading":"Definition","content":"#### 56 Definition\n\n56 Definition\n\n> In this Part—\n> \n> amending Regulation means the [Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017](/view/pdf/asmade/sl-2017-307).","sortOrder":376},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Transferred provisions—provisions relating to ski resort areas from Environmental Planning and Assessment Regulation 2000","content":"# Schedule 5 Transferred provisions—provisions relating to ski resort areas from Environmental Planning and Assessment Regulation 2000\n\nSchedule 5 Transferred provisions—provisions relating to ski resort areas from [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557)\n\n(Clause 287)\n\n**sch 5:** Ins 2021 (759), Sch 10\\[1\\] (provisions transferred from the Environmental Planning and Assessment Regulation 2000). Am 2021 (759), Sch 10\\[2\\].","sortOrder":379}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":628},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Regulation has grown significantly beyond its original 2017 scope. Originally focused on savings from the 2017 EP&A Amendment Act, it now incorporates provisions from: the 2018 Greater Sydney Commission Act, 2022 Greater Cities Commission Act, multiple amending regulations (2018, 2019, 2020, 2021), and transferred provisions from the repealed 2000 Regulation. The ski resort provisions in Schedule 5 (added 2021) and the extensive Part 3A transitional arrangements in Schedule 2 represent major expansions well beyond the original transitional intent."},"complexity_factors":["Multiple schedules (5) containing provisions transferred from different sources including repealed Acts and Regulations","Extensive cross-referencing to amended, repealed and renumbered provisions of the principal Act","Nested transitional provisions with multiple cut-off dates (e.g., 1 March 2018, 1 December 2019, 1 July 2020)","Conditional application clauses determining whether old or new law applies based on timing of applications and approvals","Specialised provisions for specific geographic areas (ski resort areas, Greater Sydney Region, Six Cities Region)","Provisions modifying standard Act requirements for specific contexts (e.g., modifications for mining on strategic agricultural land)","Multiple amendment histories showing iterative legislative development since 2017","Technical terminology requiring knowledge of planning law concepts (SEPPs, REPs, LEPs, DCPs, Part 3A projects, State significant development/infrastructure)"],"plain_english_summary":"This Regulation is a **\"savings and transitional\" instrument** — essentially a legal bridge that ensures continuity when major planning laws change. It prevents chaos by preserving existing rights, approvals, and processes while new rules take effect.\n\n**What it does:**\n- **Preserves existing approvals and certificates** — development consents, building certificates, and planning panel appointments continue as if made under the new law\n- **Maintains transitional arrangements** for major projects that were being assessed under old systems (like the repealed \"Part 3A\" major projects process)\n- **Transfers functions** between government bodies — for example, when the Greater Sydney Commission was abolished and replaced by the Greater Cities Commission\n- **Sets deadlines** for councils to produce new planning documents (like local strategic planning statements)\n- **Validates past decisions** that might otherwise be legally questionable due to technical changes\n\n**Who it affects:**\n- **Property developers** with existing approvals or pending applications\n- **Local councils** who must meet deadlines for new planning documents\n- **Government agencies** whose functions are restructured\n- **Anyone appealing or modifying past planning decisions**\n\n**Why it matters:**\nWithout these provisions, thousands of development approvals, panel appointments, and planning processes could be thrown into legal doubt whenever the planning system is reformed. This Regulation provides certainty that the \"rules of the game\" don't change mid-stream for projects already underway."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While originally intended as a temporary bridging instrument to manage the 2018 overhaul of NSW planning laws, this regulation has been amended more than 20 times over six-plus years and remains in force as of late 2024. Its scope has expanded well beyond a simple one-time transition, effectively becoming an ongoing mechanism for managing successive waves of planning law reform in NSW."},"complexity_factors":["Regulation is inherently dependent on understanding two different versions of the Environmental Planning and Assessment Act simultaneously — the old and new regimes","Over 20 separate amendments since commencement in 2018, creating a layered and evolving document requiring point-in-time version tracking","Three distinct legal mechanisms in one instrument: savings, transitional, and 'other' provisions, each with different legal effects","Covers a broad range of planning processes (development applications, approvals, environmental impact assessments, plan-making) each with their own transitional rules","Ongoing relevance years after commencement means practitioners must determine which version applied at any given historical date","Pending uncommenced amendments (2025 Act) add a further layer of uncertainty about the complete current state of the law","Interplay with multiple other regulations and instruments in the NSW planning framework"],"plain_english_summary":"## What is this regulation?\n\nThis is a NSW government regulation that manages the **changeover period** when the *Environmental Planning and Assessment Act* (NSW's main land use planning law) was significantly updated. Think of it as the \"transition guide\" that stops things falling through the cracks when planning laws change.\n\n## Who does it affect?\n\nThis regulation touches almost anyone involved in NSW land use and development, including:\n- **Property developers and builders** with development applications already in the system\n- **Local councils** and planning authorities processing existing applications\n- **Landowners** with existing planning approvals or pending decisions\n- **State government agencies** involved in planning decisions\n\n## What does it actually do?\n\n**Savings provisions** (protecting existing rights): If you had a development application lodged, an approval granted, or a process underway *before* the new laws kicked in, these provisions ensure those aren't wiped out by the law change. Your existing rights are \"saved.\"\n\n**Transitional provisions** (managing the switch): Sets out rules for how in-progress matters move from the old system to the new one — for example, which set of rules applies to an application that was lodged under old laws but decided under new laws.\n\n**Other provisions**: Catches miscellaneous matters that don't fit neatly into savings or transitional categories.\n\n## Why does it matter?\n\nWithout this kind of regulation, a major law change could create legal chaos — old approvals might become invalid, pending applications could be stuck in limbo, and people who made decisions based on the old rules could be unfairly disadvantaged. This regulation provides certainty and continuity.\n\n## Important note\n\nThis regulation has been amended **over 20 times** since 2018, meaning the rules have kept evolving as the NSW planning system continues to transition. Pending amendments from 2025 haven't yet taken effect."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation started as a single transitional regulation for the 2017 amendments but has been repeatedly amended to include savings provisions for subsequent amending Acts (e.g., Greater Sydney Commission Act 2018, Greater Cities Commission Act 2022) and new parts for other changes (e.g., BCA amendments, development contributions). Its scope has expanded significantly from covering only the 2017 changes to covering multiple layers of transitional arrangements spanning many years."},"complexity_factors":["Extremely long document with many parts, schedules, and clauses","Heavily cross-referenced: clauses refer to specific sections of the principal Act, previous regulations, and other schedules within this regulation","Numerous defined terms (e.g., 'assets', 'liabilities', 'rights', 'former building and subdivision provisions')","Contains many conditionals and exceptions based on dates (e.g., 'before 1 March 2018', 'until 1 December 2019')","Multiple layers of savings provisions for different amending Acts going back decades","Amendments over time have added new parts, making the structure hard to follow","Uses legal and technical language with little plain English explanation","Requires constant reference to the principal Act and historical regulations to understand context"],"plain_english_summary":"This regulation is a technical document that handles the transition from the old version of New South Wales' main planning law (the Environmental Planning and Assessment Act 1979) to the updated version that came into effect in 2017 and through later changes. It doesn't introduce new planning rules itself. Instead, it ensures that existing approvals, permits, planning panels, and legal processes continue smoothly despite the law being rewritten.\n\n**What it does:**\n- It makes sure that approvals and certificates issued under the old law (like development consents, occupation certificates, and building approvals) remain valid and are treated as if they were issued under the new law.\n- It preserves the legal status of planning bodies such as the Independent Planning Commission, Sydney district planning panels, and regional planning panels – their members, assets, and decisions carry over.\n- It provides deadlines for councils to prepare new strategic plans and community participation plans.\n- It sets out how references to old section numbers in other laws and contracts should be read as references to the new section numbers.\n- It continues the operation of the old Part 3A (major project approvals) for projects that were already in the pipeline, with specific cut-off dates for modifications.\n\n**Who it affects:**\n- **Property developers and landowners**: Their existing approvals are protected, but they must follow new procedures for future modifications.\n- **Local councils**: They have deadlines to adopt new planning documents and must follow new community consultation requirements.\n- **Government agencies and planning panels**: Their roles and delegations are preserved, but they may need to adjust to new planning pathways.\n- **The public**: Community consultation rules are updated, and the NSW planning portal becomes the central system for registration.\n\n**Why it matters:**\nWithout this regulation, there would be legal uncertainty whenever the main Act is amended. This regulation prevents a 'cliff edge' where existing rights and obligations would suddenly be invalid or unclear. It keeps the planning system running while transitioning to new rules.\n\n*Note: This summary describes the law as it stands. It does not comment on whether the transitional arrangements are efficient, fair, or whether they favour any particular group.*"}},"importantCases":[],"_links":{"self":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017","history":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017/history","analysis":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017/analysis","conflicts":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017/conflicts","importantCases":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017/important-cases","documents":"/api/acts/environmental-planning-and-assessment-savings-transitional-and-other-provisions-regulation-2017/documents"}}