5Interpretation—references to equivalent land use zones

5 Interpretation—references to equivalent land use zones

5 Interpretation—references to equivalent land use zones

(1) A reference in this Policy to an equivalent land use zone is a reference to a land use zone under a non-standard instrument that—

(a) the Planning Secretary has determined under the Codes SEPP, section 1.6 is a land use zone in which equivalent land uses are permitted to the land uses permitted in a named land use zone, or

(b) if no determination has been made for the zone—is a land use zone in which, in the opinion of the relevant public authority, equivalent land uses are permitted to the land uses permitted in a named land use zone.

(2) For the purposes of subsection (1)(b)—

(a) the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and

(b) more than 1 opinion may be formed in relation to the same land use zone.

(3) If a non-standard instrument and a draft standard instrument applies to land, a reference in this Policy to a lot or land in an equivalent land use zone is a reference to the lot or land in the named land use zone in the draft standard instrument.

(4) In this section—

draft standard instrument means a draft environmental planning instrument—

(a) in the form referred to in the Act, section 3.20(2), and

(b) in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.

equivalent land use zone means a land use zone equivalent to a named land use zone.

named land use zone means a land use zone named in the standard instrument.

non-standard instrument means an environmental planning instrument that is not made as provided by the Act, section 3.20(2).

relevant public authority means—

(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or

(b) if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.

s 5: Am 2023 (664), Sch 1[2]–[4].