209Relationship with Environmental Planning and Assessment Act 1979

#### 209 Relationship with Environmental Planning and Assessment Act 1979 209 Relationship with [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) > > (1) An environmental planning instrument (whether made before or after the commencement of this section) under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) cannot prohibit or require development consent for, or otherwise regulate or restrict, the installation, keeping or operation of approved gaming machines in hotels or on the premises of clubs or any other premises. > > > (2) If an environmental planning instrument contains any provision in contravention of subsection (1), the provision is taken to have no effect. > > > (3) A consent authority (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) cannot— > > > > > (a) as a condition of any development consent under that Act, prohibit or otherwise regulate or restrict the installation, keeping or operation of approved gaming machines in a hotel or on the premises of a club or any other premises, or > > > > > (b) refuse to grant any such development consent to a hotel or club for any reason that relates to the installation, keeping or operation of approved gaming machines in a hotel or on the premises of a club. > > > (4) The installation, keeping or operation of an approved gaming machine in a hotel or on the premises of a club is not an activity for the purposes of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > (5) Any approval or authorisation under this Act to keep an approved gaming machine in a hotel or on the premises of a club is not an approval for the purposes of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > **pt 14, div 1 (ss 187–190):** Rep 2007 No 92, Sch 3 \[74\]. > > **s 209:** Am 2007 No 92, Sch 3 \[8\] \[88\]–\[90\]; 2011 No 72, Sch 3 \[1\].