4Mandatory provisions of the standard instrument

#### 4 Mandatory provisions of the standard instrument 4 Mandatory provisions of the standard instrument > > (1) The mandatory provisions of the standard instrument prescribed by this Order are as follows— > > > > > (a) provisions identified in the standard instrument as compulsory provisions (whether in all cases or only those cases prescribed by the standard instrument), > > > > > (b) provisions identified in the standard instrument as optional provisions if a decision is made to adopt the provisions when the plan is made. > > > (2) If an optional provision is to be adopted, it is to be adopted without variation (subject to any relevant direction in the standard instrument). An optional provision that is so adopted is the provision as in force under this standard instrument from time to time. > > > (3) If a compulsory provision is not applicable because of the circumstances referred to in the heading to the provision, the number or other identifier of the provision is to be set out in the plan with the words “\[Not applicable\]” or words to the same effect. > > > (4) If an optional provision is not to be adopted, the number or other identifier of the provision is to be set out in the plan with the words “\[Not adopted\]” or words to the same effect. > > Note. > > In the standard instrument, provisions are identified as “compulsory” (including in certain cases only) or “optional” by those words being placed in brackets in connection with the clause or other discrete provision or provisions concerned. > > When the Order is amended to make changes to the mandatory provisions of the standard instrument, then any local environmental plan (or draft plan) that adopts those provisions will be automatically amended to reflect the changes (section 3.20(4) of the Act). When this happens existing plans on the NSW Legislation website will be updated. > > In relation to the numbering of clauses, the standard instrument adopts a Part decimal numbering system. That is, each clause has 2 numbers separated by a decimal point, the first being the number of the Part in which the clause appears and the second being the appropriate consecutive number according to the position of the clause in the Part. For example, the first clause in Part 4 is clause 4.1 followed by clauses 4.2, 4.3 and so on, while Part 5 begins with clause 5.1 followed by clause 5.2 etc. > > **cl 4:** Am 2007 (600), Sch 1 \[1\] \[2\]; 2019 (620), Sch 1\[3\].