34APart 3A concept plan approvals, or other planning arrangements, subject to previous assessment and offsetting

34A Part 3A concept plan approvals, or other planning arrangements, subject to previous assessment and offsetting

34A Part 3A concept plan approvals, or other planning arrangements, subject to previous assessment and offsetting

(1) This clause applies to a development application that is made under the Environmental Planning and Assessment Act 1979 in respect of proposed development that is certified under this clause.

(2) Part 7 of the Act does not apply to the determination of a development application to which this clause applies but the former planning provisions apply instead.

(3) The Secretary of the Department of Planning and Environment may certify, by order in writing—

(a) that the proposed development the subject of a development application is part of a concept plan approval and the biodiversity impacts of the proposed development were satisfactorily assessed before the commencement of the Act as part of the concept plan approval, and

(b) that conservation measures have been secured into the future (by a planning agreement, a land reservation or otherwise) to offset the residual impact of the proposed development on biodiversity values after the measures required to be taken to avoid or minimise those impacts.

(4) The Environment Agency Head may certify, by order in writing—

(a) that the proposed development the subject of a development application is part of a relevant planning arrangement and the biodiversity impacts of the proposed development were satisfactorily assessed before the commencement of the Act as part of the relevant planning arrangement, and

(b) that conservation measures have been secured into the future (by a planning agreement, a land reservation or otherwise) to offset the residual impact of the proposed development on biodiversity values after the measures required to be taken to avoid or minimise those impacts.

(5) Proposed development the subject of a specified development application, or proposed development the subject of all or any pending or future development applications that are part of a specified concept plan approval or relevant planning arrangement, may be certified under this clause.

(6) This clause applies in addition to any other provision of this Part that applies the former planning provisions to the determination of a development application.