What it does
The Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (the Regulation) is a subordinate instrument made under s 10.16 of the Environmental Planning and Assessment Act 1979 (the Act). Its core function is to ensure continuity when the Act was substantially rewritten by the Environmental Planning and Assessment Amendment Act 2017 (the amending Act) and by subsequent statutes. It does this through three principal mechanisms: (1) savings and transitional clauses that “carry over” existing approvals, certificates, delegations, and processes; (2) interpretive rules that treat renumbered or relocated provisions as if they had always been in their new form (cl 4A, cl 13, Schedule 1 cl 1); and (3) specific application rules that postpone or modify the commencement of new regimes (cl 18, cl 18A).
Part 2 (cll 4–20) is the heart of the original 2017 instrument. It defines “former building and subdivision provisions” (cl 4) and then provides that existing Part 4A certificates continue as Part 6 certificates (cl 14(1)). Pending Part 4A applications are determined under the old law but the resulting certificate is treated as a new one (cl 14(2)). Subdivision works certificates are not required for pre-commencement consents (cl 14(3)). Proceedings to declare complying development certificates or Part 6 certificates invalid are preserved if commenced before the new limitation periods (cl 15). Community participation plans must be prepared by fixed dates (cl 16), but until they exist the old participation requirements continue (cl 16(2)). Public notification of reasons and community views is deferred until 1 July 2018 (cl 17).
Later Parts extend the Regulation’s reach. Part 3 (cll 21–23) deals with the transfer of plan-making powers from the Greater Sydney Commission to the Minister. Part 4 (cl 24) preserves the old fee-payment rules for integrated development applications lodged before 1 January 2020. Part 5 (cl 25) updates references to AS 3959 bushfire standards. Part 6 (cll 26–30) contains transitional rules for the 2020 development contributions amendments, exempting existing planning agreements from new practice-note and reporting obligations. Part 7 (cll 31–35) continues various regional and district strategic plans after the .