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State Environmental Planning Policy (Housing) 2021
5Interpretation—references to equivalent land use zones
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#### 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—
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> > > (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
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> > > (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.
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> > (2) For the purposes of subsection (1)(b)—
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> > > (a) the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and
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> > > (b) more than 1 opinion may be formed in relation to the same land use zone.
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> > (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.
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> > (4) In this section—
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> > draft standard instrument means a draft environmental planning instrument—
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> > > (a) in the form referred to in the Act, section 3.20(2), and
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> > > (b) in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.
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> > equivalent land use zone means a land use zone equivalent to a named land use zone.
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> > named land use zone means a land use zone named in the standard instrument.
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> > non-standard instrument means an environmental planning instrument that is not made as provided by the Act, section 3.20(2).
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> > relevant public authority means—
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> > > (a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
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> > > (b) if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.
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> **s 5:** Am 2023 (664), Sch 1\[2\]–\[4\].