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](/view/html/inforce/current/act-2016-063), Part 8, or > > > > > (c) a private land conservation agreement within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (d) a relevant instrument within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), 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](/view/html/inforce/current/act-2013-051), Part 5A, or > > > > > (f) a conservation agreement within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or > > > > > (g) a property vegetation plan within the meaning of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) that is continued in force by the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), or > > > > > (h) a Trust agreement within the meaning of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010) that is continued in force by the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), or > > > > > (i) a planning agreement, or > > > > > (j) a covenant in favour of Sydney Water Corporation or a water supply authority listed in the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), Schedule 3. > > > (3) This section does not affect the rights or interests of a public authority under a registered instrument. > > > (4) Before this Policy was made, the Governor approved this section under the Act, section 3.16. > > **s 9:** Am 2024 (135), Sch 1\[1\].