9Suspension of covenants, agreements and instruments

9 Suspension of covenants, agreements and instruments

9 Suspension of covenants, agreements and instruments

(1) For the purposes of enabling development to be carried out in accordance with this Policy or with a development consent granted under the Act, an agreement, a covenant or another similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve that purpose.

(2) Subsection (1) does not apply to—

(a) a covenant imposed by a council or that the council requires to be imposed, or

(b) a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or

(c) a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

(d) a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or

(e) the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, for a set aside area under the Local Land Services Act 2013, Part 5A, or

(f) a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(g) a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

(h) a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

(i) a planning agreement, or

(j) a covenant in favour of Sydney Water Corporation or a water supply authority listed in the , Schedule 3.