9Application of Environmental Planning and Assessment Act 1979

9 Application of Environmental Planning and Assessment Act 1979

9 Application of Environmental Planning and Assessment Act 1979

(1) The object of this section is to clarify the operation of the Environmental Planning and Assessment Act 1979 in relation to development that is the subject of an authorisation of the Minister under this Part (subject to the terms of the authorisation).

(2) An environmental planning instrument under that Act cannot prohibit, require development consent for or otherwise restrict the carrying out of the development.

Note—

The exclusion of the need for development consent also excludes any requirement for the payment of development contributions under that Act.

(3) Division 5.1 of that Act does not apply in respect of the carrying out of the development.

(4) A development control order does not have effect to the extent that it prevents or interferes with the carrying out of the development.

(5) Subsection (2) applies to an environmental planning instrument made before or after the commencement of this section.

Note—

See section 20 (Regulations), which authorises regulations to restore the operation of the Environmental Planning and Assessment Act 1979 in relation to development carried out under this Act.