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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and
Assessment Amendment Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
4 Amendment of Environmental Planning and Assessment
Regulation 1994 2
5 Amendment of Environmental Planning and Assessment
Model Provisions 1980 2
Schedules
1 Amendments relating to affordable housing 3
2 Amendments relating to Development Funds 5
3 Amendments relating to modification of development
consents 6
4 Miscellaneous amendments 9
5 Amendments by way of statute law revision 15
6 Amendments by way of savings and transitional
provisions 18
7 Amendments to Environmental Planning and Assessment
Regulation 1994 20
Environmental Planning and Assessment Amendment Bill 1999
Contents
Page
8 Amendments to Environmental Planning and Assessment
Model Provisions 1980 24
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Environmental Planning and
Assessment Amendment Bill 1999
Act No , 1999
An Act to amend the Environmental Planning and Assessment Act 1979 in various
respects, including to remove any doubt that affordable housing is an object of that
Act and to provide for development funds to improve public amenity; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Environmental Planning and Assessment Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment
Act 1999.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by this section.
(2) Schedules 5, 6 and 7 [5], and sections 3 and 4 in their application to
those provisions, commence on the date of assent to this Act.
3 Amendment of Environmental Planning and Assessment Act 1979
No 203
The Environmental Planning and Assessment Act 1979 is amended as
set out in Schedules 16.
4 Amendment of Environmental Planning and Assessment Regulation
1994
The Environmental Planning and Assessment Regulation 1994 is
amended as set out in Schedule 7.
5 Amendment of Environmental Planning and Assessment Model
Provisions 1980
(1) The Environmental Planning and Assessment Model Provisions 1980
are amended as set out in Schedule 8.
(2) An amendment to the Environmental Planning and Assessment Model
Provisions 1980 made by this Act may be amended or repealed by an
order under section 33 of the Environmental Planning and Assessment
Act 1979.
Page 2
Environmental Planning and Assessment Amendment Bill 1999
Amendments relating to affordable housing Schedule 1
Schedule 1 Amendments relating to affordable
housing
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
affordable housing means housing for very low income
households, low income households or moderate income
households, being such households as are prescribed by the
regulations or as are provided for in an environmental planning
instrument.
[2] Section 5 Objects
Insert after section 5 (a) (vii):
(viii) the provision and maintenance of affordable
housing, and
[3] Section 26 Contents of environmental planning instruments
Insert after section 26 (1) (c):
(d) providing, maintaining, and regulating matters relating
to affordable housing,
[4] Section 157 Regulations
Insert after section 157 (1) (d):
, or
(e) the purposes, objectives, provision and maintenance of
affordable housing, including:
(i) means for determining whether a household is a
very low income, low income or moderate
income household (for example, by reference to
income statistics produced by the Australian
Bureau of Statistics), and
Page 3
Environmental Planning and Assessment Amendment Bill 1999
Schedule 1 Amendments relating to affordable housing
(ii) means for determining affordable housing costs
payable in respect of affordable housing (for
example, by reference to percentages of
household income), and
(iii) enabling the Minister by order to determine
matters relating to affordable housing (including
the matters referred to in subparagraphs (i) and
(ii)).
Page 4
Environmental Planning and Assessment Amendment Bill 1999
Amendments relating to Development Funds Schedule 2
Schedule 2 Amendments relating to Development
Funds
(Section 3)
[1] Section 11 Functions of corporation
Insert after section 11 (6):
(7) In relation to any land (whether vested in the corporation or
not), the corporation may exercise any function that is
necessary or convenient to be exercised in, or for any purpose
of, the application of any part of a Development Fund referred
to in Division 1 of Part 7.
[2] Section 23 Delegation
Omit "or by Division 4 of Part 5" from section 23 (8) (b).
Insert instead ", by Division 4 of Part 5 or by section 130 (4)".
[3] Section 130 Development Funds
Insert after section 130 (3):
(4) The Development Fund may also be applied, with the approval
of the Minister, to the development of land (whether vested in
the corporation or not) within the development area for the
purpose of an improvement program, if:
(a) the Minister has considered likely future applications of
the Development Fund for all the purposes in
subsection (3), and
(b) in the opinion of the Minister, implementation of the
improvement program will improve public amenity by:
(i) enhancing open space or the public domain, or
(ii) providing suitable infrastructure or facilities at a
regional or local level.
(5) The Development Fund in respect of each development area
may be applied to purposes that are necessary, incidental,
subordinate or supplementary to any of the purposes specified
in subsection (3) or (4).
Page 5
Environmental Planning and Assessment Amendment Bill 1999
Schedule 3 Amendments relating to modification of development consents
Schedule 3 Amendments relating to modification of
development consents
(Section 3)
[1] Section 72 Development control plans
Omit section 72 (1) (c). Insert instead:
(c) to provide for the notification or advertising to the
public, a section of the public or specified persons of
any of the following:
(i) a development application for specified
development (other than designated
development or advertised development),
(ii) an application for the modification of a
development consent for specified development
(including advertised development but not
including designated development),
(iii) an application for a complying development
certificate,
or to provide that the relevant application does not need
to be notified or advertised, or
[2] Section 96 Modification of consents
Omit "Minor modifications" from the heading to section 96 (1).
Insert instead "Modifications involving minor error, misdescription or
miscalculation".
[3] Section 96 (1)
Omit "(2), (3), (6)". Insert instead "(1A), (2), (3), (5), (6), (6A)".
Page 6
Environmental Planning and Assessment Amendment Bill 1999
Amendments relating to modification of development consents Schedule 3
[4] Section 96 (1A)
Insert after section 96 (1):
(1A) Modifications involving minimal environmental impact
A consent authority may, on application being made by the
applicant or any other person entitled to act on a consent
granted by the consent authority and subject to and in
accordance with the regulations, modify the consent if:
(a) it is satisfied that the proposed modification is of
minimal environmental impact, and
(b) it is satisfied that the development to which the consent
as modified relates is substantially the same
development as the development for which the consent
was originally granted and before that consent as
originally granted was modified (if at all) under this
section, and
(c) it has notified the application in accordance with:
(i) the regulations, if the regulations so require, or
(ii) a development control plan, if the consent
authority is a council that has made a
development control plan under section 72 that
requires the notification or advertising of
applications for modification of a development
consent, and
(d) it has considered any submissions made concerning the
proposed modification within any period prescribed by
the regulations or provided by the development control
plan, as the case may be.
Subsections (1), (2) and (5) do not apply to such a
modification.
[5] Section 96 (2) (a)
Insert "as the development for which consent was originally granted and
before that consent as originally granted was modified (if at all) under this
section" after "the same development".
Page 7
Environmental Planning and Assessment Amendment Bill 1999
Schedule 3 Amendments relating to modification of development consents
[6] Section 96 (2) (c)
Omit section 96 (2) (c) and (d). Insert instead:
(c) it has notified the application in accordance with:
(i) the regulations, if the regulations so require, or
(ii) a development control plan, if the consent
authority is a council that has made a
development control plan under section 72 that
requires the notification or advertising of
applications for modification of a development
consent, and
(d) it has considered any submissions made concerning the
proposed modification within the period prescribed by
the regulations or provided by the development control
plan, as the case may be.
Subsections (1) and (1A) do not apply to such a modification.
[7] Section 96 (5)
Omit "(except in the case of a minor modification)".
[8] Section 96 (6A)
Insert after section 96 (6):
(6A) In the case of State significant development, an applicant who
is dissatisfied with the determination of the application or the
failure of the consent authority to determine the application
within 40 days after the application is made may appeal to the
Court unless the consent for the State significant development
that was originally granted was granted following the holding
of an inquiry by a Commission of Inquiry. The Court may
determine any such appeal.
[9] Section 96 (7)
Insert "or (6A)" after "Subsection (6)".
Page 8
Environmental Planning and Assessment Amendment Bill 1999
Miscellaneous amendments Schedule 4
Schedule 4 Miscellaneous amendments
(Section 3)
[1] Section 4 Definitions
Insert after section 4 (13):
(14) A reference in this Act to an original document, map or plan
includes a reference to a document, map or plan created, or a
copy of which is kept, in electronic form.
[2] Section 80 Determination
Omit section 80 (10A).
[3] Section 83 Date from which consent operates
Omit section 83 (1) (b). Insert instead:
(b) in the case of designated development to which an
objection has been made in accordance with section 79
(5):
(i) if consent was granted under section 80 (7)
following the holding of an inquiry by a
Commission of Inquiry--the date that is
endorsed on the notice of the determination of
the development application given to the
applicant in accordance with section 81 (1), or
(ii) in any other case--the expiration of 28 days
from the date that is endorsed on the notice of
the determination of the development
application given to the applicant in accordance
with section 81 (1).
[4] Section 85A Process for obtaining complying development certificates
Omit "that would enable the erection of a building" from section 85A
(10A).
Page 9
Environmental Planning and Assessment Amendment Bill 1999
Schedule 4 Miscellaneous amendments
[5] Section 109C Part 4A certificates
Insert after section 109C (1) (a) (iv):
, or
(v) any specified aspect of development (including
design of development) complies with standards
or requirements specified in the certificate with
respect to the development,
[6] Section 109F Restriction on issue of construction certificates
Omit "that the requirements of the regulations referred to in section 81A (5)
have been complied with." from section 109F (1).
Insert instead:
that:
(a) the requirements of the regulations referred to in section
81A (5) have been complied with, and
(b) any long service levy payable under section 34 of the
Building and Construction Industry Long Service
Payments Act 1986 (or, where such a levy is payable by
instalments, the first instalment of the levy) has been
paid.
[7] Section 109J Restriction on issue of subdivision certificates
Omit section 109J (1) (c) and (d). Insert instead:
(c) in the case of subdivision for which a development
consent has been granted, that the applicant has
complied with all conditions of the consent that, by its
terms, are required to be complied with before a
subdivision certificate may be issued in relation to the
plan of subdivision,
(d) in the case of subdivision for which a "deferred
commencement" consent under section 80 (3) has been
granted, that the applicant has satisfied the consent
authority concerning all matters as to which the consent
authority must be satisfied before the consent can
operate,
Page 10
Environmental Planning and Assessment Amendment Bill 1999
Miscellaneous amendments Schedule 4
[8] Section 109ZG Conflicts of interest
Insert after section 109ZG (1):
(1A) Despite subsection (1), an accredited certifier who is an
employee of a council may issue a Part 4A certificate in
relation to development that is to be carried out in the area of
the council if:
(a) the certificate relates to development for which the
council is not the consent authority, and
(b) the accredited certifier issues the certificate in the course
of his or her employment with the council.
[9] Section 109ZJ Apportionment of liability
Add "or other party" after "defendant" in section 109ZJ (4).
[10] Section 115BAA
Insert after section 115BA:
115BAA Minor modification of Minister's approval
(1) The Minister may, on application by a proponent, modify an
approval for the proponent to carry out an activity to correct a
minor error, misdescription or miscalculation in the approval.
(2) If a proponent requests modification of an approval under this
section, the Minister is required to modify the approval
(without conditions) or disapprove of the modification. The
Minister is to notify the proponent of the decision.
(3) The Minister's decision on a modification of an approval is to
be made within 21 days after the Minister receives the
Director's report under section 115C (1B). The proponent may
agree to an extension of the period.
(4) Section 115BB (2) and (3), and section 115C (1), (1A), (2),
(2A), (5) and (6) do not apply to such a modification.
Page 11
Environmental Planning and Assessment Amendment Bill 1999
Schedule 4 Miscellaneous amendments
[11] Section 115C Director's report
Insert after section 115C (1A):
(1B) The Director is also to report to the Minister on the assessment
of a proposed modification of an approval requested by a
proponent under section 115BAA.
[12] Section 118J In what circumstances can entry be made to a residence?
Insert after section 118J (c):
, or
(d) if an application for a building certificate has been made
under section 149B in respect of premises used for
residential purposes and entry is necessary for the
purpose of inspecting the premises in order to issue a
building certificate in accordance with sections
149A149E.
[13] Section 121 Settlement of disputes
Insert after section 121 (1):
(1A) Where a dispute arises between a public authority, other than
a council, and another public authority, other than a council,
with respect to:
(a) the operation of any provision made by or under this
Act, the regulations or an environmental planning
instrument, or
(b) the exercise of any function conferred or imposed upon
any such public authority by or under this Act, the
regulations or an environmental planning instrument,
a party to the dispute may submit that dispute to the Premier for
settlement in accordance with this section.
[14] Section 121 (3) and (7)
Insert ", (1A)" after "subsection (1)" wherever occurring.
Page 12
Environmental Planning and Assessment Amendment Bill 1999
Miscellaneous amendments Schedule 4
[15] Section 126 Penalties
Omit "1,000 penalty units and to a further daily penalty not exceeding 100
penalty units" from section 126 (1).
Insert instead "10,000 penalty units and to a further daily penalty not
exceeding 1,000 penalty units".
[16] Section 126 (2)
Omit "100 penalty units". Insert instead "1,000 penalty units".
[17] Section 127 Proceedings for offences
Omit "100 penalty units" from section 127 (3).
Insert instead "1,000 penalty units".
[18] Section 137 Charges and fees fixed by regulation
Omit section 137 (1) (a)(e). Insert instead:
(a) supplies any service, product, commodity or publication,
or
(b) makes any registration, or
(c) gives any permission, or
(d) furnishes any information, or
(e) receives any application for its approval, or
(f) issues any certificate, requirement or direction, or
(g) allows admission to any building,
[19] Section 145A Definitions
Insert after paragraph (a) of the definition of planning authority:
(a1) in the case of a function relating to an application for a
complying development certificate--the council or
accredited certifier to whom the application is made,
and
Page 13
Environmental Planning and Assessment Amendment Bill 1999
Schedule 4 Miscellaneous amendments
[20] Section 145B Exemption from liability--contaminated land
Insert after section 145B (2) (d):
(d1) the processing and determination of an application for
a complying development certificate,
Page 14
Environmental Planning and Assessment Amendment Bill 1999
Amendments by way of statute law revision Schedule 5
Schedule 5 Amendments by way of statute law
revision
(Section 3)
[1] Section 11 Functions of corporation
Omit section 11 (5).
[2] Section 11 (6)
Omit "subsection (4) (c) or (g), consultations shall be held with the Traffic
Authority of New South Wales".
Insert instead "subsection (4) (g), consultations are to be held with the
Roads and Traffic Authority".
[3] Section 50 Submission of draft regional environmental plan to the
Minister
Omit "exclude certain provisions thereof or exclude from the application
thereof part of the region to which that draft plan applied" from section
50 (2).
Insert instead "exclude certain provisions of the draft plan or exclude part
of the region from the draft plan, or both".
[4] Section 68 Consideration of submissions
Omit "exclude certain provisions thereof or exclude from the application
thereof part of the land to which the draft plan applied" from section 68 (5).
Insert instead "exclude certain provisions of the draft plan or exclude part
of the land from the draft plan, or both".
[5] Section 70 Making of local environmental plan
Omit "exclude certain provisions thereof or exclude from the application
thereof part of the land to which the draft plan applied" from section 70 (4).
Insert instead "exclude certain provisions of the draft plan or exclude part
of the land from the draft plan, or both".
Page 15
Environmental Planning and Assessment Amendment Bill 1999
Schedule 5 Amendments by way of statute law revision
[6] Section 76A Development that needs consent
Insert "and the development may be carried out with development consent"
after "the exclusion of Part 5" in section 76A (8) (b).
[7] Section 79B Consultation and concurrence
Omit "or objections" from section 79B (5) (c).
[8] Section 80 Determination
Omit "an objection is made to the application within the submission period,
until after 21 days following the date on which a copy of the objection"
from section 80 (9) (b).
Insert instead "a submission is made with respect to the application within
the submission period, until after 21 days following the date on which a
copy of the submission".
[9] Section 80 (10) (b)
Omit "objections". Insert instead "submissions".
[10] Section 112C Concurrence of or consultation with Director-General of
National Parks and Wildlife if Minister is not determining authority
Omit "Sections 78 (subsection (2) excepted), 79 (subsection (4) excepted),
80, 81 and 82" from section 112C (3).
Insert instead "Section 79B (8), (9) and (11) and the prescribed provisions
of the regulations".
[11] Section 115B Minister's approval
Insert "and (1B)" after "section 112 (1) (a)(c)" in section 115B (1).
[12] Section 115BA (5)
Insert "and (1B)" after "section 112 (1) (a)(c)" in section 115BA (5) (a).
[13] Section 157 Regulations
Insert "or" after "person," in section 157 (1) (a).
Page 16
Environmental Planning and Assessment Amendment Bill 1999
Amendments by way of statute law revision Schedule 5
[14] Section 157 (1) (b)
Omit ", and". Insert instead ", or".
[15] Schedule 6 Savings, transitional and other provisions
Omit ", except in relation to a Part 4A certificate for which the consent
authority is the Darling Harbour Authority and, on its dissolution, the
Sydney Harbour Foreshore Authority" from clause 22 (1).
[16] Schedule 6, clause 28 Consent authority
Omit ", except in relation to a Part 4A certificate, for which the consent
authority is the Sydney Harbour Foreshore Authority" from clause 28 (1).
Page 17
Environmental Planning and Assessment Amendment Bill 1999
Schedule 6 Amendments by way of savings and transitional provisions
Schedule 6 Amendments by way of savings and
transitional provisions
(Section 3)
[1] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1) the following:
Protection of the Environment Operations Act 1997
Environmental Planning and Assessment Amendment Act 1999
[2] Schedule 6, Part 9
Insert after Part 8:
Part 9 Environmental Planning and Assessment
Amendment Act 1999
33 Modification of development consents
An amendment made by Schedule 3 to the Environmental
Planning and Assessment Amendment Act 1999 extends to a
development consent granted before the commencement of the
amendment.
34 Date from which consent operates
Section 83 (1) (b), as substituted by the Environmental
Planning and Assessment Amendment Act 1999, extends to a
development application made before the commencement of
the substitution.
35 Building and construction industry long service levy
If a long service levy, or the first instalment of such a levy, has
been paid under section 80 (10A) before its repeal, section
109F as amended by the Environmental Planning and
Assessment Amendment Act 1999 does not apply in respect of
the levy, or the first instalment of the levy.
Page 18
Environmental Planning and Assessment Amendment Bill 1999
Amendments by way of savings and transitional provisions Schedule 6
36 Apportionment of liability
Section 109ZJ, as amended by the Environmental Planning
and Assessment Amendment Act 1999, does not apply to or in
respect of any development referred to in clause 34 of the
Environmental Planning and Assessment (Savings and
Transitional) Regulation 1998.
37 Entry to residences for building certificate inspections
Section 118J, as amended by the Environmental Planning and
Assessment Amendment Act 1999, extends to an application for
a building certificate that was made before the commencement
of the amendment.
Page 19
Environmental Planning and Assessment Amendment Bill 1999
Schedule 7 Amendments to Environmental Planning and Assessment Regulation
1994
Schedule 7 Amendments to Environmental Planning
and Assessment Regulation 1994
(Section 4)
[1] Clause 71A What are the requirements for an application for
modification of a development consent under sec 96 (1), (1A) or (2) of
the Act?
Insert ", (1A)" after "section 96 (1)".
[2] Clause 72 Applications for modification of development consents
granted by the Land and Environment Court or the Minister
Insert ", (1A)" after "section 96 (1)" wherever occurring in clause 72 (1).
[3] Clause 72A Public participation--application under sec 96 (2) of the Act
for modification of certain development consents
Omit clause 72A (1). Insert instead:
(1) This clause applies to an application under section 96 (2) of the
Act to modify a development consent if the original
development application for the consent was an application to
carry out any of the following:
(a) designated development,
(b) State significant advertised development as referred to
in clause 63 (1) (a) of this Regulation,
(c) nominated integrated development as referred to in
clause 63 (1) (b) of this Regulation,
(d) any other advertised development where the application
was made to a consent authority other than a council.
Page 20
Environmental Planning and Assessment Amendment Bill 1999
Amendments to Environmental Planning and Assessment Regulation Schedule 7
1994
[4] Clauses 72B and 72C
Insert after clause 72A:
72B Public participation--application under sec 96 (2) for
modification of other development consents
(1) This clause applies to an application under section 96 (2) of the
Act to which clause 72A does not apply.
(2) An application to which this clause applies must be notified or
advertised for a period not exceeding 14 days but otherwise in
the same manner as the original development application was
notified or advertised.
(3) However, if the application is made to a council that has
provided in a development control plan made under section 72
of the Act for the notification or advertising of such an
application (or has provided that such an application is not
required to be notified or advertised), the application is to be
notified or advertised in accordance with the development
control plan.
(4) If an application to which this clause applies is required by this
clause or a development control plan to be notified or
advertised and the development consent was granted by the
Court on appeal, the application must be so notified or
advertised by the council to which the original development
application was made.
(5) A council referred to in subclause (4) must notify the Court of:
(a) the manner in which the application was notified or
advertised, and
(b) any submission period required by the development
control plan, and
(c) the date (or dates) on which the application was notified
or advertised.
(6) During the period referred to in subclause (2) or, if a
development control plan provides for a period for notification
or advertising of an application, during that period, any person
may inspect the application and any accompanying information
and make extracts from or copies of them.
Page 21
Environmental Planning and Assessment Amendment Bill 1999
Schedule 7 Amendments to Environmental Planning and Assessment Regulation
1994
72C Public participation--application under sec 96 (1A) for
modification of development consents
(1) This clause applies to an application under section 96 (1A) of
the Act.
(2) If an application to which this clause applies is required by a
development control plan to be notified or advertised and the
development consent was granted by the Court on appeal, the
application must be so notified or advertised by the council to
which the original development application was made.
(3) A council referred to in subclause (2) must notify the Court of:
(a) the manner in which the application was notified or
advertised, and
(b) any submission period required by the development
control plan, and
(c) the date (or dates) on which the application was notified
or advertised.
(4) If a development control plan provides for a period for
notification or advertising of an application, any person during
that period may inspect the application and any accompanying
information and make extracts from or copies of them.
[5] Clause 91B
Insert after clause 91A:
91B Concurrence or consultation with Director-General of National
Parks and Wildlife
For the purposes of section 112C (3) of the Act, clauses 49A,
50, 50A, 51A and 51B of this Regulation apply (with such
modifications as may be necessary) to and in respect of the
granting of concurrence under section 112C in the same way as
they apply to and in respect of the granting of concurrence
under section 79B.
Page 22
Environmental Planning and Assessment Amendment Bill 1999
Amendments to Environmental Planning and Assessment Regulation Schedule 7
1994
[6] Schedule 3 Designated development
Omit the definition of drinking water catchment from Part 3 of the
Schedule.
Insert instead:
drinking water catchment means the restricted areas prescribed
by the controlling water authority, including the inner and outer
catchment areas declared under the Sydney Water Catchment
Management Act 1998, and catchment districts proclaimed
under section 128 of the Local Government Act 1993.
Page 23
Environmental Planning and Assessment Amendment Bill 1999
Schedule 8 Amendments to Environmental Planning and Assessment Model
Provisions 1980
Schedule 8 Amendments to Environmental Planning
and Assessment Model Provisions 1980
(Section 5)
[1] Clause 4 Definitions
Omit the definition of advertising structure in clause 4 (1).
[2] Clause 4 (1), definition of "advertisement"
Omit the definition.
[3] Clause 4 (1), definition of "Department"
Omit "Department of Environment and Planning constituted under the
Environmental Planning and Assessment Act 1979".
Insert instead "Department of Urban Affairs and Planning".
[4] Clause 4 (1), definition of "health care professional"
Omit "Podiatrists Registration Act 1989".
Insert instead "Podiatrists Act 1989".
[5] Clause 4 (1), definition of "main road"
Omit "Main Roads Act 1924".
Insert instead "Roads Act 1993".
[6] Clause 4 (1), definition of "professional consulting rooms"
Omit "Dentists Act 1934".
Insert instead "Dentists Act 1989".
[7] Clause 4 (1), definition of "units for aged persons"
Omit "Housing Commission of New South Wales".
Insert instead "Department of Housing".
Page 24
Environmental Planning and Assessment Amendment Bill 1999
Amendments to Environmental Planning and Assessment Model Schedule 8
Provisions 1980
[8] Clauses 5 (2) and (3), 10 (2), 19 and 20 (2)
Omit "Traffic Authority of New South Wales" wherever occurring.
Insert instead "Roads and Traffic Authority".
[9] Clause 8 Preservation of trees
Omit "trees required to be lopped in accordance with Regulation 38 or 39
of the Overhead Line Construction and Maintenance Regulations 1962"
from clause 8 (7).
Insert instead "trees required to be trimmed or removed under section 48 of
the Electricity Supply Act 1995".
[10] Clause 9 Relocation of major roads
Omit "Commissioner for Main Roads".
Insert instead "Roads and Traffic Authority".
[11] Clause 10 Opening of public road
Omit "and the Commissioner for Main Roads" from clause 10 (2).
[12] Clause 10 (2) (c)
Omit "or the Commissioner for Main Roads".
[13] Schedule 1
Omit "Pastures Protection Board" from clause 10 of the Schedule.
Insert instead "rural lands protection board".
[14] Schedule 1, clause 11
Omit "Water Resources Commission".
Insert instead "Department of Land and Water Conservation".
Page 25
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