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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning Legislation
Amendment Bill 2006
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 City of Sydney Act 1988 No 48 2
5 Amendment of other Acts 2
6 Repeal of Act 2
Schedule 1 Amendment of Environmental Planning and Assessment
Act 1979 3
Schedule 2 Amendment of City of Sydney Act 1988 21
Schedule 3 Amendment of other Acts 25
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, , 2006
New South Wales
Environmental Planning Legislation
Amendment Bill 2006
Act No , 2006
An Act to amend the Environmental Planning and Assessment Act 1979 with respect
to the certification of development, development contributions, major projects and
other miscellaneous matters; to amend the City of Sydney Act 1988 with respect to
the Central Sydney Planning Committee; 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 Legislation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning Legislation Amendment
Act 2006.
2 Commencement
(1) This Act commences on the date of assent to this Act except as provided
in subsection (2).
(2) The following provisions of this Act commence on a day or days to be
appointed by proclamation:
(a) Schedule 1 [6][31] and [42][46],
(b) Schedule 3.3 and 3.4.
3 Amendment of Environmental Planning and Assessment Act 1979
No 203
The Environmental Planning and Assessment Act 1979 is amended as
set out in Schedule 1.
4 Amendment of City of Sydney Act 1988 No 48
The City of Sydney Act 1988 is amended as set out in Schedule 2.
5 Amendment of other Acts
Each Act specified in Schedule 3 is amended as set out in that Schedule.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979
(Section 3)
[1] Section 4 Definitions
Omit the definition of Department from section 4 (1). Insert instead:
Department means the Department of Planning.
[2] Section 75B Projects to which Part applies
Insert "(including by an order that amends such a policy)" after "Gazette" in
section 75B (1) (b).
[3] Section 75B (1)
Insert "or a class of" after "particular".
[4] Section 75B (3)
Insert "only" after "If" and "The development is to be dealt with under this
Part as a single project." after "applies.".
[5] Section 75C Critical infrastructure projects
Insert at the end of the section:
(2) Section 75B applies to a declaration under this section in the
same way as it applies to a declaration under that section. The
declaration of a critical infrastructure project under this section
may (but need not) be made at the same time or by the same
method as the declaration under section 75B relating to the
project.
[6] Section 75I Director-General's environmental assessment report
Insert at the end of section 75I (2) (f):
, and
(g) a statement relating to compliance with the environmental
assessment requirements under this Division with respect
to the project.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[7] Section 75J Giving of approval by Minister to carry out project
Omit section 75J (1) (a) and (b). Insert instead:
(a) the proponent makes an application for the approval of the
Minister under this Part to carry out a project, and
(b) the Director-General has given his or her report on the
project to the Minister,
[8] Section 75J (2) (a)
Insert "(and the statement relating to compliance with environmental
assessment requirements)" after "recommendations".
[9] Section 75J (3)
Omit the subsection. Insert instead:
(3) In deciding whether or not to approve the carrying out of a
project, the Minister may (but is not required to) take into account
the provisions of any environmental planning instrument that
would not (because of section 75R) apply to the project if
approved. However, the regulations may preclude approval for
the carrying out of a class of project (other than a critical
infrastructure project) that such an instrument would otherwise
prohibit.
[10] Section 75J (5)
Insert after section 75J (4):
(5) The conditions of approval for the carrying out of a project may
require the proponent to comply with any obligations in a
statement of commitments made by the proponent (including by
entering into a planning agreement referred to in section 93F).
[11] Section 75M Application for approval of concept plan for project
Omit "submit a concept plan" from section 75M (1), "The concept plan"
(wherever occurring) from section 75M (2) and (3) and "the submission"
(wherever occurring) from section 75M (4).
Insert instead, respectively, "apply for approval of a concept plan", "The
application" and "an application for approval".
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
[12] Section 75M (3A)
Insert after section 75M (3):
(3A) A single application may be made for approval of a concept plan
for a project and for approval to carry out any part or aspect of the
project. In that case, environmental assessment requirements,
public consultation and reports under this Division and Division
2 with respect to the project may be combined.
[13] Section 75O Giving of approval for concept plan
Omit section 75O (1) (a) and (b). Insert instead:
(a) the proponent makes an application for the approval of the
Minister under this Part of a concept plan for a project, and
(b) the Director-General has given his or her report on the
project to the Minister,
[14] Section 75O (2) (a)
Insert "(and the statement relating to compliance with environmental
assessment requirements)" after "recommendations".
[15] Section 75O (3)
Omit the subsection. Insert instead:
(3) In deciding whether or not to give approval for the concept plan
for a project, the Minister may (but is not required to) take into
account the provisions of any environmental planning instrument
that would not (because of section 75R) apply to the project if
approved. However, the regulations may preclude approval for a
concept plan for the carrying out of a class of project (other than
a critical infrastructure project) that such an instrument would
otherwise prohibit.
[16] Section 75O (4)
Omit "with such modifications of the project".
Insert instead "with such modifications of the concept plan".
[17] Section 75O (5)
Insert after section 75O (4):
(5) Approval for the concept plan may be given under this Division
subject to satisfactory arrangements being made, before final
approval is given for the project or any stage of the project under
this Part or under the other provisions of this Act, for the purpose
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
of fulfilling the obligations in a statement of commitments made
by the proponent (including by entering into a planning
agreement referred to in section 93F).
[18] Section 75P Determinations with respect to project for which concept
plan approved
Insert after section 75P (1):
(1A) The further requirements for approval to carry out the project or
any part of the project that the Minister may determine under
subsection (1) (a) are not limited to matters that the
Director-General may require under Division 2.
Note. The Minister may, for example, require a design competition for
any building that is part of the project.
[19] Section 75P (2) (a1)
Insert after section 75P (2) (a):
(a1) any consent granted for the project or that stage of the
project under Part 4 is to be subject to such conditions as
the Minister directs for the purpose of fulfilling the
obligations in a statement of commitments submitted by
the proponent (in which case those conditions cannot be
modified without the approval of the Minister and a person
cannot appeal to the Court under this Act in respect of the
direction or any such conditions imposed by the consent
authority),
[20] Section 75P (2) (c1)
Insert after section 75P (2) (c):
(c1) a provision of an environmental planning instrument
prohibiting or restricting the carrying out of the project or
that stage of the project under Part 4 (other than a project
of a class prescribed by the regulations) does not have
effect if the Minister so directs,
[21] Section 75Q Appeal by proponent
Omit "a concept plan has been submitted" from section 75Q (1).
Insert instead "an application for approval of a concept plan has been made".
[22] Section 75R Application of other provisions of Act
Omit the note to section 75R (3). Insert instead:
Note. See sections 75J (3) and 75O (3) in relation to the application of such
instruments when an application for approval of a project or a concept plan is
being considered.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
[23] Section 75R (3A)
Insert after section 75R (3):
(3A) The Minister may, by order published in the Gazette, amend an
environmental planning instrument to authorise the carrying out
of any of the following development (or to remove or modify any
provisions of the instrument that purport to prohibit or restrict the
carrying out of any of the following development):
(a) development that is an approved project,
(b) development that is a project for which a concept plan has
been approved (whether or not approval for carrying out
the project or any part of the project is subject to this Part).
[24] Section 75S Erection and occupation of buildings and subdivision of
land
Insert before section 75S (1):
(1A) For the purposes of this section, a relevant provision is section
81A, section 109M or any other provision of this Act relating to
the issue of subdivision certificates.
[25] Section 75S (1)
Omit "Section 81A". Insert instead "A relevant provision".
[26] Section 75S (2)
Omit the subsection. Insert instead:
(2) However:
(a) a relevant provision does not apply unless that provision
would have applied if this Part did not apply to the project,
and
(b) a relevant provision applies to a critical infrastructure
project if the Minister when giving approval under this
Part makes it a condition of that approval that the provision
applies.
[27] Section 75U Approvals etc legislation that does not apply
Insert "or State protected land" after "clear native vegetation" in section
75U (1) (e).
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[28] Section 75U (4)
Insert after section 75U (3) (after the note):
(4) A reference in this section to an approved project includes a
reference to any investigative or other activities that are required
to be carried out for the purpose of complying with any
environmental assessment requirements under this Part in
connection with an application for approval to carry out the
project or of a concept plan for the project.
[29] Section 75X Miscellaneous provisions relating to approvals under this
Part
Omit "concept plans submitted for the Minister's approval" from section
75X (2) (e).
Insert instead "applications for the Minister's approval of concept plans".
[30] Section 75YA
Insert after section 75Y:
75YA Surrender of approvals and consents
(1) An approval under this Part may be surrendered, subject to and in
accordance with the regulations, by any person entitled to act on
the approval.
(2) A condition of the approval of a project under this Part may
require any one or more of the following:
(a) the surrender under subsection (1) of any other approval
under this Part relating to the project or the land concerned,
(b) the surrender under section 104A of any development
consent relating to the project or the land concerned,
(c) the surrender, subject to and in accordance with the
regulations, of a right conferred by Division 10 of Part 4
relating to the project or the land concerned.
[31] Section 75ZA Savings, transitional and other provisions
Omit section 75ZA (2) and (3). Insert instead:
(2) The regulations may make provision for or with respect to the
effect of any such action under Part 4 or Part 5 after the
declaration is made or to the effect of the revocation of a
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
declaration after an approval has been given under this Part. In
particular, the regulations may make provision for or with respect
to:
(a) the termination or consolidation of consents or approvals
under Part 4 or Part 5, and
(b) the revival of consents or approvals under Part 4 or Part 5
or the preservation of the effect of approvals under this
Part, and
(c) the recognition of any environmental assessment under
Part 4 or Part 5 for the purposes of this Part or of any
environmental assessment under this Part for the purposes
of Part 4 or Part 5.
(3) Any development that has been approved by the Minister under
this Part (at any time after the commencement of this Part) is
taken to be a project to which this Part applies, and to have been
such a project for the purposes of any application, concept plan
or other matter under this Part in relation to the development.
(4) Subsection (3) extends to things that purport to be done under this
Part.
[32] Section 78A Application
Omit "16, 8, 9" from section 78A (3). Insert instead "15".
[33] Section 78A (3), note
Omit the note to the subsection.
[34] Section 93D Relationship to planning instruments
Omit "(other than section 93I)".
[35] Section 93F Planning agreements
Insert after section 93F (3):
(3A) A planning agreement cannot exclude the application of section
94 or 94A in respect of development unless the consent authority
for the development or the Minister is a party to the agreement.
[36] Section 93I Circumstances in which planning agreements can or cannot
be required to be made
Omit "application." from section 93I (3) (b). Insert instead:
application,
or that is in the terms of a commitment made by the proponent in
a statement of commitments made under Part 3A.
Page 9
Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[37] Section 94CA
Insert after section 94C:
94CA Public service or public amenity may be provided outside NSW
A condition may, with the written approval of the Minister, be
imposed under section 94 or 94A for the provision of a public
amenity or public service on land in another State or Territory if
the area in which the development the subject of the condition is
to be carried out adjoins the other State or Territory.
[38] Section 94ED Provision of infrastructure
Insert at the end of section 94ED (1) (c):
and
(d) the Minister, corporation, Department or Director-General
doing any one or more of the following:
(i) carrying out of any research or investigation,
(ii) preparing any report, study or instrument,
(iii) doing any other matter or thing in connection with
the exercise of any statutory function under this Act,
[39] Section 94ED (2)
Insert "or within New South Wales" after "contributions area".
[40] Section 94EE Minister to determine development contributions
Insert after section 94EE (3):
(3A) The determination of the Minister is to identify what part (if any)
of a development contribution, that is to be imposed as a
condition under this Subdivision, is for the provision of
infrastructure by a council or for any one or more of the matters
set out in section 94ED (1) (d).
(3B) Any part of a development contribution identified in accordance
with subsection (3A):
(a) is, for the purposes of Subdivision 5, taken not to be
received by the consent authority under this Subdivision,
and
(b) is not to be taken into account in calculating the cost of
infrastructure for the purposes of subsection (2) (b), and
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(c) is, if the part is identified as being for the provision of
infrastructure by a council, to be provided to the council
and is to be held and applied by the council in accordance
with section 93E, and
(d) is, if the part is identified as being for any one or more of
the matters set out in section 94ED (1) (d), to be provided
to the Department and is to be held and applied by the
Department in accordance with section 93E.
[41] Section 95 Lapsing of consent
Insert after section 95 (5):
(6) Despite any other provision of this section, a development
consent that is subject to a deferred commencement condition
under section 80 (3) lapses if the applicant fails to satisfy the
consent authority as to the matter specified in the condition
within 5 years from the grant of the consent or, if a shorter period
is specified by the consent authority, within the period so
specified.
[42] Section 109E Principal certifying authorities
Insert after section 109E (1):
(1AA) The council must, if appointed under subsection (1), accept that
appointment.
[43] Section 109EA Replacement of principal certifying authorities
Insert after section 109EA (1):
(1A) If the relevant authority approves the appointment of the council
to replace another person as the principal certifying authority, the
council must accept that appointment.
[44] Sections 109F (1) and 109G
Omit "the certifying authority is satisfied that" wherever occurring.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[45] Section 109H
Omit the section. Insert instead:
109H Restrictions on issue of occupation certificates
(1) There are two kinds of occupation certificates, as follows:
(a) an interim occupation certificate that authorises a person
to commence occupation or use of a partially completed
new building, or to commence a new use of part of a
building resulting from a change of building use for an
existing building,
(b) a final occupation certificate that authorises a person to
commence occupation or use of a new building, or to
commence a new use of a building resulting from a change
of building use for an existing building.
It is not necessary for an interim occupation certificate to be
issued before a final occupation certificate is issued with respect
to the same building.
(2) An occupation certificate must not be issued unless any
preconditions to the issue of the certificate that are specified in a
development consent or complying development certificate have
been met.
(3) An interim occupation certificate must not be issued to authorise
a person to commence to occupy or use a partially completed new
building unless:
(a) a development consent or complying development
certificate is in force with respect to the building, and
(b) in the case of a building erected pursuant to a development
consent but not a complying development certificate, a
construction certificate has been issued with respect to the
plans and specifications for the building, and
(c) the partially completed building is suitable for occupation
or use in accordance with its classification under the
Building Code of Australia, and
(d) such other requirements as are required by the regulations
to be complied with before such a certificate may be issued
have been complied with.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(4) An interim occupation certificate must not be issued to authorise
a person to commence a new use of part of a building resulting
from a change of building use for an existing building unless:
(a) a development consent or complying development
certificate is in force with respect to the change of building
use, and
(b) the part of the building is suitable for occupation or use in
accordance with its classification under the Building Code
of Australia, and
(c) such other requirements as are required by the regulations
to be complied with before such a certificate may be issued
have been complied with.
(5) A final occupation certificate must not be issued to authorise a
person to commence occupation or use of a new building unless:
(a) a development consent or complying development
certificate is in force with respect to the building, and
(b) in the case of a building erected pursuant to a development
consent but not a complying development certificate, a
construction certificate has been issued with respect to the
plans and specifications for the building, and
(c) the building is suitable for occupation or use in accordance
with its classification under the Building Code of
Australia, and
(d) such other matters as are required by the regulations to be
complied with before such a certificate may be issued have
been complied with.
(6) A final occupation certificate must not be issued to authorise a
person to commence a new use of a building resulting from a
change of building use for an existing building unless:
(a) a development consent or complying development
certificate is in force with respect to the change of building
use, and
(b) the building is suitable for occupation or use in accordance
with its classification under the Building Code of
Australia, and
(c) such other matters as are required by the regulations to be
complied with before such a certificate may be issued have
been complied with.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(7) In this section:
new building includes an altered portion of, or an extension to,
an existing building.
[46] Section 109J
Omit the section. Insert instead:
109J Restriction on issue of subdivision certificates
(1) A subdivision certificate must not be issued for a subdivision
unless:
(a) the subdivision is not prohibited by or under this Act, and
(b) in the case of subdivision that may not be carried out
except with development consent, a development consent
(or, in the case of complying development, a complying
development certificate) is in force with respect to the
subdivision, and
(c) in the case of subdivision for which a development consent
has been granted, 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, and
(d) in the case of subdivision for which a "deferred
commencement" consent under section 80 (3) has been
granted, the applicant has satisfied the consent authority
concerning all matters as to which the consent authority
must be satisfied before the consent can operate, and
(e) in the case of subdivision that relates to land within a water
supply authority's area of operations, the applicant has
obtained a certificate of compliance from the water supply
authority with respect to the subdivision of the land, and
(f) in the case of subdivision the subject of an order made by
the Court under section 40 of the Land and Environment
Court Act 1979 concerning the provision of drainage
easements, all such drainage easements have been
acquired by the council as referred to in that section, and
(g) in the case of subdivision the subject of a development
consent for which the consent authority is required by the
regulations to notify any objector:
(i) at least 28 days have elapsed since the objector was
notified, or
(ii) if an appeal has been made by the objector within
that time, the appeal has been finally determined.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(2) Without limiting subsection (1), a subdivision certificate must
not be issued for a subdivision that involves subdivision work
unless:
(a) the work has been completed, or
(b) agreement has been reached between the applicant for the
certificate and the consent authority:
(i) as to the payment by the applicant to the consent
authority of the cost of carrying out the work, and
(ii) as to when the work will be completed by the
consent authority, or
(c) agreement has been reached between the applicant for the
certificate and the consent authority:
(i) as to the security to be given by the applicant to the
consent authority with respect to the work to be
completed, and
(ii) as to when the work will be completed by the
applicant.
(3) Subsection (2) does not prohibit the issue of a subdivision
certificate for part only of land that may be subdivided in
accordance with a development consent as long as the
requirements of that subsection have been complied with in
relation to that part.
(4) In this section:
certificate of compliance, in relation to a water supply authority,
means a certificate of compliance issued by the water supply
authority under the Act under which the water supply authority is
constituted.
water supply authority means:
(a) the Sydney Water Corporation, the Hunter Water
Corporation or a water supply authority within the
meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply,
sewerage or stormwater drainage functions under Division
2 of Part 3 of Chapter 6 of the Local Government Act 1993.
[47] Section 109M Occupation and use of new building requires occupation
certificate
Omit "(4)" from section 109M (1).
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[48] Section 110E
Insert after section 110D:
110E Exemptions for certain activities
Sections 111 and 112 do not apply to or in respect of the
following (despite the terms of those sections):
(a) a modification of an activity, whose environmental impact
has already been considered, that will reduce its overall
environmental impact,
(b) a routine activity (such as the maintenance of
infrastructure) that the Minister determines has a low
environmental impact and that is carried out in accordance
with a code approved by the Minister,
(c) an activity (or part of an activity) that has been approved,
or is to be carried out, by another determining authority
after environmental assessment in accordance with this
Part.
[49] Section 111A Exemption
Omit the section.
[50] Section 116D Reference of undetermined applications to Minister
Omit "60 days" from section 116D (1). Insert instead "40 days".
[51] Section 116E Negotiating determination of development application
Omit "40 days" from section 116E (4) (c) and "40-day" from section 116E (5).
Insert instead, respectively, "21 days" and "21-day".
[52] Section 122J Powers of authorised officers to enter premises
Omit "or police officers" from section 122J (3).
Insert instead ", police officers or other persons".
[53] Section 122S Power of authorised officers to require answers and record
evidence
Insert after section 122S (2):
(3) An authorised officer may, by notice in writing, require a person
to attend at a specified place and time to answer questions under
this section if attendance at that place is reasonably required in
order that the questions can be properly put and answered.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(4) The place and time at which a person may be required to attend
under subsection (3) is to be:
(a) a place or time nominated by the person, or
(b) if the place and time nominated is not reasonable in the
circumstances or a place and time is not nominated by the
person, a place and time nominated by the authorised
officer that is reasonable in the circumstances.
(5) An authorised officer may cause any questions and answers to
questions given under this section to be recorded if the officer has
informed the person who is to be questioned that the record is to
be made.
(6) A record may be made using sound recording apparatus or audio
visual apparatus, or any other method determined by the
authorised officer.
(7) A copy of any such record must be provided by the authorised
officer to the person who is questioned as soon as practicable
after it is made.
(8) A record may be made under this section despite the provisions
of any other law.
[54] Section 127 Proceedings for offences
Insert after section 127 (5):
(5A) However, proceedings for any such offence may also be
commenced within, but not later than, 2 years after the date on
which evidence of the alleged offence first came to the attention
of an authorised officer within the meaning of Division 2C of
Part 6.
(5B) If subsection (5A) is relied on for the purpose of commencing
proceedings for an offence, the information or application must
contain particulars of the date on which evidence of the offence
first came to the attention of an authorised officer and need not
contain particulars of the date on which the offence was
committed. The date on which evidence first came to the
attention of an authorised officer is the date specified in the
information or application, unless the contrary is established.
(5C) This section applies despite anything in the Criminal Procedure
Act 1986 or any other Act.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[55] Section 137 Charges and fees fixed by regulation
Insert after section 137 (1):
(1A) The regulations may prescribe charges or fees, and prescribe the
circumstances in which a person or body becomes liable for any
such charge or fee, if the Minister, corporation, Department or
Director-General carries out any research or investigation,
prepares any report, study or instrument or does any other matter
or thing in connection with the exercise of any statutory function
under this Act, either at the request of the person or body or for
the benefit of the person or body.
Note. Such functions may include making an environmental planning
instrument.
[56] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Environmental Planning Legislation Amendment Act 2006
[57] Schedule 6
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Environmental Planning Legislation
Amendment Act 2006
Definition
In this Part:
amending Act means the Environmental Planning Legislation
Amendment Act 2006.
Savings and transitional regulations
Regulations made under Part 1 of this Schedule have effect
despite anything to the contrary in this Part.
Part 3A matters
(1) The amendments made by Schedule 1 [3], [4] and [5] to the
amending Act apply to declarations made (or purporting to be
made) before the commencement of those amendments.
(2) The amendment made by Schedule 1 [12] to the amending Act
applies only to applications lodged after the commencement of
the amendment.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(3) The other amendments to Part 3A of this Act made by Schedule
1 to the amending Act extend to matters pending under Part 3A
on the commencement of those amendments.
(4) A concept plan that was submitted before the commencement of
the amendments made by Schedule 1 [11], [18] and [25] to the
amending Act may continue to be dealt with after that
commencement as if it were an application for approval of a
concept plan.
Planning agreements--exclusion of section 94 or 94A
Section 93F (3A), as inserted by the amending Act, applies only
to a planning agreement that is entered into after the
commencement of that subsection and that was the subject of
public notice under section 93G after that commencement.
Contributions for public service or amenity outside NSW
Section 94CA, as inserted by the amending Act, extends to
permit contributions provided for a public amenity or service, as
a result of a condition allowed under a contributions plan that is
in force before the commencement of that section, to be applied,
with the written approval of the Minister, to an equivalent,
similar or related public amenity or service.
Lapsing of consent
A development consent granted before the commencement of
section 95 (6), as inserted by the amending Act, that is subject to
a deferred commencement condition under section 80 (3), lapses
if the applicant fails to satisfy the consent authority as to the
matter specified in the condition within:
(a) 5 years after the date consent was granted, or
(b) 2 years after the date of the commencement of section
95 (6),
whichever is the later.
Occupation certificates
Section 109H, as substituted by the amending Act, does not apply
to or in respect of an application for an occupation certificate
made, but not determined, before that substitution and that
section, as in force immediately before that substitution,
continues to apply to and in respect of any such application.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
Subdivision certificates
Section 109J, as substituted by the amending Act, does not apply
to or in respect of an application for a subdivision certificate
made, but not determined, before that substitution and that
section, as in force immediately before that substitution,
continues to apply to and in respect of any such application.
Reference of undetermined applications to the Minister
Section 116D, as amended by the amending Act, does not apply
to an application made, but not determined, before that
amendment and that section, as in force immediately before that
amendment, continues to apply to any such application.
Negotiating determination of development application
Section 116E, as amended by the amending Act, does not apply
to an application made, but not determined, before that
amendment and that section, as in force immediately before that
amendment, continues to apply to any such application.
Time limit for bringing proceedings
Section 127 (5A)(5C), as inserted by the amending Act, apply
only in respect of offences alleged to have been committed after
the commencement of those subsections.
Page 20
Environmental Planning Legislation Amendment Bill 2006
Amendment of City of Sydney Act 1988 Schedule 2
Schedule 2 Amendment of City of Sydney Act 1988
(Section 4)
[1] Section 4 Definitions
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
[2] Section 31 Definitions
Insert in alphabetical order:
RailCorp means Rail Corporation New South Wales.
[3] Section 32 Relationship of this Part and other provisions to Planning Act
Omit "This Part and Schedule 1 shall be" from section 32 (1).
Insert instead "This Part, section 61 and Schedule 1 are to be".
[4] Section 34
Omit the section. Insert instead:
34 Members of Planning Committee
(1) The Planning Committee is to consist of the following 7
members:
(a) the Lord Mayor of Sydney,
(b) 2 councillors of the City of Sydney elected by the City
Council,
(c) 4 persons (2 of whom are senior State government
employees and 2 of whom are not State or local
government employees) appointed by the Minister
administering Part 4 of the Planning Act, each having
expertise in at least one of architecture, building, civic
design, construction, engineering, transport, tourism, the
arts, planning or heritage.
(2) The Minister administering Part 4 of the Planning Act is to obtain
the concurrence of the Minister administering the Public Works
Act 1912 before appointing a senior State government employee
under subsection (1) (c) if the employee is appointed because of
his or her expertise in architecture or civic design.
(3) At least one of the senior State government employees appointed
under subsection (1) (c) must be either the Director-General of
the Department of Planning or a senior executive officer of the
Department of Planning.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 2 Amendment of City of Sydney Act 1988
[5] Section 41 Consultation with Minister or public authority
Insert "or RailCorp" after "City Council" in section 41 (1).
[6] Section 41 (2)
Omit "section 84". Insert instead "section 79C".
[7] Section 42 Minister or public authority may make representations
Insert "(other than RailCorp)" after "A Minister or public authority" in section
42 (1).
[8] Section 43 Representations to be taken into consideration
Omit "section 90 (1)" from section 43 (1). Insert instead "section 79C".
[9] Section 45
Omit the section. Insert instead:
45 Section 79B of the Planning Act not to apply
Section 79B of the Planning Act does not apply to or in respect
of major development except in respect of a requirement in an
environmental planning instrument that consent not be granted to
the development without the consent, permission, approval or
concurrence of RailCorp.
[10] Section 61 Development contributions
Insert at the end of the section:
Note. Section 32 (1) provides that this section is to be construed with,
and as if it formed part of, the Planning Act.
[11] Schedule 1 The Planning Committee
Omit "(e)" from the definition of appointed member in clause 1.
Insert instead "(c)".
[12] Schedule 1, clause 1, definition of "elected member"
Omit "(c)". Insert instead "(b)".
[13] Schedule 1, clause 4 (2)(5)
Omit the subclauses. Insert instead:
(2) The City Council may appoint an alternate for each of the elected
members of the Planning Committee.
(3) The Minister administering Part 4 of the Planning Act may
appoint alternates for the appointed members of the Planning
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Environmental Planning Legislation Amendment Bill 2006
Amendment of City of Sydney Act 1988 Schedule 2
Committee and the appointment of any such alternate may
specify the circumstances in which the person so appointed is to
act as an alternate.
(4) A person, other than a person appointed under subclause (3), may
not be an alternate member for more than one member of the
Planning Committee at the same time.
(5) A person may not act in the office of more than one member of
the Planning Committee at the same time.
[14] Schedule 1, clause 6
Insert ", or alternate," after "An appointed member".
[15] Schedule 1, clause 6
Omit "the appointed member". Insert instead "the member or alternate".
[16] Schedule 1, clause 6 (2)
Insert at the end of the clause:
(2) Remuneration under this clause is not to be paid to an appointed
member, or alternate, who is a State government employee.
[17] Schedule 1, clauses 15A and 16
Omit clause 16. Insert instead:
15A Inclusion of items in agenda for meeting
Any 2 members of the Planning Committee may notify the
Chairperson of a matter or topic to be included in the agenda for
a meeting of the Committee and the Chairperson is to ensure that
the matter or topic is included in the agenda.
16 Application of Local Government Act 1993 to meetings
The following provisions apply to and in respect of the members
of the Planning Committee in the same way as they apply to and
in respect of councillors of a council, except in so far as provision
is otherwise made by or under this Act:
(a) Part 1 of Chapter 4 and Division 2 of Part 2 of Chapter 12
of the Local Government Act 1993,
(b) the regulations made under that Act (but only in so far as
those regulations apply to the conduct of council meetings
and the conduct of councillors in respect of such
meetings).
Page 23
Environmental Planning Legislation Amendment Bill 2006
Schedule 2 Amendment of City of Sydney Act 1988
[18] Schedule 3 Savings, transitional and other provisions
Omit clause 29 (1). Insert instead:
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
this Act
City of Sydney Amendment Act 1997
Local Government Legislation Amendment (Elections) Act 1998
Environmental Planning Legislation Amendment Act 2006 (but
only to the extent that it amends this Act)
[19] Schedule 3, Part 10
Insert after Part 9:
Part 10 Provisions consequent on enactment of
Environmental Planning Legislation
Amendment Act 2006
32 Definition
In this Part:
amending Act means the Environmental Planning Legislation
Amendment Act 2006.
33 Members of Planning Committee
A person who was a member of the Planning Committee
immediately before the substitution of section 34 by the
amending Act continues to be a member despite that substitution
until such time as the person ceases to be a member in accordance
with this Act.
34 Concurrence of RailCorp
Sections 41 (1) and 42 (1), as amended by the amending Act, and
section 45, as substituted by that Act, do not apply to or in respect
of a development application lodged, but not determined, before
the commencement of Schedule 2 to the amending Act and those
sections, as in force immediately before that commencement,
continue to apply to and in respect of any such application.
Page 24
Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
Schedule 3 Amendment of other Acts
(Section 5)
3.1 Building Professionals Act 2005 No 115
Schedule 3 Amendment of Acts and regulation
Insert after proposed section 109EA (2) in Schedule 3.2 [11]:
(3) If the Building Professionals Board approves the appointment of
the relevant council to replace another person as the principal
certifying authority under subsection (1) (a), the council must
accept that appointment.
3.2 Local Government and Environmental Planning and
Assessment Amendment (Transfer of Functions) Act 2001
No 93
[1] Schedule 2 Amendment of Environmental Planning and Assessment Act
1979
Omit "an approved amusement device (within the meaning of the Liquor Act
1982) or poker machine (within the meaning of the Registered Clubs Act
1976)" from paragraph (b) of the definition of place of public entertainment
in item [1].
Insert instead "an approved gaming machine within the meaning of the
Gaming Machines Act 2001".
[2] Schedule 2, item [5]
Omit "16, 8, 9". Insert instead "15".
[3] Schedule 2, item [5]
Omit "5, 6, 8, 9". Insert instead "5".
[4] Schedule 2, item [6]
Omit the item.
[5] Schedule 2, items [10A] and [10B]
Insert after item [10]:
[10A] Section 157 Regulations
Insert after section 157 (1) (d):
(d1) temporary structures, or
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
(d2) places of public entertainment, or
[10B] Section 157 (1) (d3)
Insert after section 157 (1) (d2) (as inserted by item [10A]):
(d3) domestic oil or solid fuel heating appliances (other
than portable appliances), or
[6] Schedule 2, item [15]
Omit proposed clause 40 (4). Insert instead:
(4) This clause ceases to have effect 2 years after the date on which
it commences.
[7] Schedule 2, item [15]
Omit proposed clause 41 (3). Insert instead:
(3) This clause ceases to have effect 2 years after the date on which
it commences.
3.3 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 37 Approval of proposed strata plans, certain subdivisions and
conversions of lots into common property
Omit section 37 (1) and (1A). Insert instead:
(1) Subject to this Division, a local council must, on application
made to it for a strata certificate in respect of a proposed strata
plan that does not include a development lot or lots, issue to the
applicant a strata certificate in respect of that plan if:
(a) where the land proposed to be subdivided is situated within
a water supply authority's area of operations--the water
supply authority has issued a certificate of compliance for
the proposed subdivision, and
(b) the requirements of subparagraphs (i), (ii) and (iii) or the
requirements of subparagraphs (iv), (v), (vi), (vii) and
(viii) are satisfied:
(i) a construction certificate has been issued under the
Environmental Planning and Assessment Act 1979
with respect to the erection of any building
containing any proposed lots to which the strata plan
relates,
(ii) the proposed lots illustrated by that plan
substantially correspond with parts of any such
building shown in the building plans accompanying
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
the construction certificate and designated in those
building plans as being intended for separate
occupation,
(iii) any such building was completed not more than
12 months, or such longer period as the local
council may in any particular case fix, before the
application for the strata certificate under this
subsection was made to the certifier,
(iv) separate occupation of the proposed lots illustrated
by the strata plan will not contravene the provisions
of the Environmental Planning and Assessment Act
1979 or of any environmental planning instrument
within the meaning of that Act,
(v) any consent required under that Act or instrument
has been given in relation to the separate occupation
of the proposed lots illustrated by that plan,
(vi) having regard to the circumstances of the case and
the public interest, the local council is satisfied that
the subdivision to which the plan relates will not
interfere with the existing or likely future amenity of
the neighbourhood,
(vii) the land proposed to be subdivided is not the subject
of any outstanding order, requirement or notice of a
kind referred to in, or given under, a provision
referred to in subsection (1B),
(viii) if the local council has made an order of the kind
referred to in Order No 6 in the Table to section
121B of the Environmental Planning and
Assessment Act 1979 in relation to the land proposed
to be subdivided--the order has been complied with
or an appeal against the order has been made under
section 121ZK of that Act and the Land and
Environment Court has refused to confirm the order.
(1A) Subject to this Division, a local council must, on application
made to it for a strata certificate in respect of a proposed strata
plan that includes a development lot or lots, or of a proposed
strata plan of subdivision of a development lot, issue to the
applicant a strata certificate in respect of that plan if:
(a) the requirements of subsection (1) (a) and (b) are satisfied,
and
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
(b) the plan and any building containing proposed lots to
which the plan relates:
(i) satisfy any applicable development consent
conditions, and
(ii) give effect to the stage of the strata development
contract to which they relate.
[2] Section 37 (1B)
Omit "subsection (1) (b) (iv)". Insert instead "subsection (1) (b) (vii)".
[3] Section 37 (3) (c) and (4) (b)
Omit "subsection (1) (b) (i), (ii) and (iii), as if the reference in subsection
(1) (b)" wherever occurring.
Insert instead "subsection (1) (b) (iv), (v) and (vi), as if the reference in
subsection (1)".
[4] Section 37 (6) (a)
Omit "subsection (1) (b) (iii)". Insert instead "subsection (1) (b) (vi)".
[5] Section 37A
Omit the section. Insert instead:
37A Approvals by accredited certifiers
(1) An accredited certifier may issue a strata certificate in respect of
a proposed strata plan, proposed strata plan of subdivision or
proposed notice of conversion in accordance with this section.
(2) An accredited certifier must issue a strata certificate in respect of
a proposed strata plan that does not include a development lot or
lots if:
(a) there is a relevant development consent in force, and
(b) all conditions of the development consent that, by its
terms, are required to be complied with before a strata
certificate may be issued have been complied with, and
(c) where the land proposed to be subdivided is situated within
a water supply authority's area of operations--the water
supply authority has issued a certificate of compliance for
the proposed subdivision, and
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
(d) the requirements of subparagraphs (i), (ii) and (iii) or the
requirements of subparagraphs (iv), (v), (vi) and (vii) are
satisfied:
(i) a construction certificate has been issued under the
Environmental Planning and Assessment Act 1979
with respect to the erection of any building
containing any proposed lots to which the strata plan
relates,
(ii) the proposed lots illustrated by that plan
substantially correspond with parts of any such
building shown in the building plans accompanying
the construction certificate and designated in those
building plans as being intended for separate
occupation,
(iii) any such building was completed not more than
12 months, or such longer period as the relevant
local council may in any particular case fix, before
the application for the strata certificate under this
subsection was made to the certifier,
(iv) separate occupation of the proposed lots illustrated
by the strata plan will not contravene the provisions
of the Environmental Planning and Assessment Act
1979 or of any environmental planning instrument
within the meaning of that Act,
(v) any consent required under that Act or instrument
has been given in relation to the separate occupation
of the proposed lots illustrated by that plan,
(vi) the land proposed to be subdivided is not the subject
of any outstanding order, requirement or notice of a
kind referred to in, or given under, a provision
referred to in section 37 (1B),
(vii) if the relevant local council has made an order of the
kind referred to in Order No 6 in the Table to section
121B of the Environmental Planning and
Assessment Act 1979 in relation to the land proposed
to be subdivided--the order has been complied with
or an appeal against the order has been made under
section 121ZK of that Act and the Land and
Environment Court has refused to confirm the order.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
(3) An accredited certifier must issue a strata certificate in respect of
a proposed strata plan that includes a development lot or
development lots, or in respect of a proposed strata plan of
subdivision of a development lot, if:
(a) the requirements of subsection (2) (a)(d) are satisfied, and
(b) the plan and any building containing proposed lots to
which the plan relates:
(i) satisfy any applicable development consent
conditions, and
(ii) give effect to the stage of the strata development
contract to which they relate.
(4) An accredited certifier must issue a strata certificate in respect of
a plan illustrating a proposed subdivision (not being a proposed
subdivision of a development lot) referred to in section 5 (7) (a)
if:
(a) the requirements of subsection (2) (a), (b) and (d) (iv) and
(v) are satisfied, and
(b) the body corporate concerned has certified that by
resolution passed at a general meeting it agrees to the
proposed subdivision.
(5) An accredited certifier must issue a strata certificate in respect of
a plan illustrating a proposed subdivision (not being a proposed
subdivision of a development lot) referred to in section 5 (7) (b),
(c) or (d) if:
(a) the requirements of subsection (2) (a), (b) and (d) (iv) and
(v) are satisfied, and
(b) the body corporate concerned has certified that by special
resolution passed by the body corporate it agrees to the
proposed subdivision.
(6) An accredited certifier must issue a strata certificate in respect of
a proposed notice of conversion if:
(a) the requirements of subsection (2) (a) and (b) are satisfied,
and
(b) the body corporate concerned has certified that by special
resolution passed by the body corporate it agrees to the
proposed subdivision.
(7) Despite any other provision of this section, a strata certificate
must not be issued by an accredited certifier unless all regulations
with respect to the provision of such certificates have been
complied with.
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
[6] Section 38 Encroachments
Omit "it is satisfied that" from section 38 (1).
[7] Section 38 (1) (c)
Insert "it is satisfied that" before "retention".
[8] Section 38 (1A)
Omit the subsection. Insert instead:
(1A) An accredited certifier must refuse to issue a strata certificate in
respect of a proposed strata plan or strata plan of subdivision if
any building illustrated by that plan encroaches on to a public
place unless:
(a) the plan clearly indicates the existence of the
encroachment and its nature and extent, and
(b) either one of the following matters is satisfied:
(i) the building complies with any relevant
development consent in force with respect to the
building with the encroachment,
(ii) any relevant development consent in force with
respect to the subdivision the subject of the plan
specifies the existence of the encroachment.
[9] Schedule 4 Transitional and savings provisions
Insert after Part 5:
Part 6 Transitional provisions relating to the
Environmental Planning Legislation
Amendment Act 2006
1 Strata certificates
Division 4 of Part 2, as amended by the Environmental Planning
Legislation Amendment Act 2006, does not apply to or in respect
of an application for a strata certificate made, but not determined,
before the commencement of Schedule 3.3 to that Act and that
Division, as in force immediately before that commencement,
continues to apply to and in respect of any such application.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
3.4 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 66 Approval of proposed strata plans, certain subdivisions and
conversions of lots into common property
Omit section 66 (1). Insert instead:
(1) Subject to this Division, a local council must, on application
made to it for a strata certificate in respect of a proposed strata
plan that does not include a development lot or lots, issue to the
applicant a strata certificate in respect of that plan if:
(a) where the land proposed to be subdivided is situated within
a water supply authority's area of operations--the water
supply authority has issued a certificate of compliance for
the proposed subdivision, and
(b) the requirements of subparagraphs (i), (ii) and (iii) or the
requirements of subparagraphs (iv), (v), (vi), (vii) and
(viii) are satisfied:
(i) a construction certificate has been issued under the
Environmental Planning and Assessment Act 1979
with respect to the erection of any building
containing any proposed lots to which the strata plan
relates,
(ii) the proposed lots illustrated by that plan
substantially correspond with parts of any such
building shown in the building plans accompanying
the construction certificate and designated in those
building plans as being intended for separate
occupation,
(iii) any such building was completed not more than
12 months, or such longer period as the local
council may in any particular case fix, before the
application for the strata certificate under this
subsection was made to the certifier,
(iv) separate occupation of the proposed lots illustrated
by the strata plan will not contravene the provisions
of the Environmental Planning and Assessment Act
1979 or of any environmental planning instrument
within the meaning of that Act,
(v) any consent required under that Act or instrument
has been given in relation to the separate occupation
of the proposed lots illustrated by that plan,
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
(vi) having regard to the circumstances of the case and
the public interest, the local council is satisfied that
the subdivision to which the plan relates will not
interfere with the existing or likely future amenity of
the neighbourhood,
(vii) the land proposed to be subdivided is not the subject
of any outstanding order, requirement or notice of a
kind referred to in, or given under, a provision
referred to in subsection (1A),
(viii) if the local council has made an order of the kind
referred to in Order No 6 in the Table to section
121B of the Environmental Planning and
Assessment Act 1979 in relation to the land proposed
to be subdivided--the order has been complied with
or an appeal against the order has been made under
section 121ZK of that Act and the Land and
Environment Court has refused to confirm the order.
[2] Section 66 (1A)
Omit "subsection (1) (b) (iv) and (c) (iv)".
Insert instead "subsection (1) (b) (vii)".
[3] Section 66 (2)
Omit the subsection. Insert instead:
(2) Subject to this Division, a local council must, on application
made to it for a strata certificate in respect of a proposed strata
plan that includes a development lot or lots, or of a proposed
strata plan of subdivision of a development lot, issue to the
applicant a strata certificate in respect of that plan if:
(a) the requirements of subsection (1) (a) and (b) are satisfied,
and
(b) the plan and any building containing proposed lots to
which the plan relates:
(i) satisfy any applicable development consent
conditions, and
(ii) give effect to the stage of the strata development
contract to which they relate.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 66 (4) (c)
Omit "subsection (1) (b) (i), (ii) and (iii) or subsection (1) (c) (i), (ii) and (iii),
as if the reference in subsection (1) (b) or (c)".
Insert instead "subsection (1) (b) (iv), (v) and (vi), as if the reference in
subsection (1)".
[5] Section 66 (5) (b)
Omit "subsection (1) (b) (i), (ii) or (iii) and subsection (1) (c) (i), (ii) and (iii)
as if the reference in subsection (1) (b) or (c)".
Insert instead "subsection (1) (b) (iv), (v) and (vi), as if the reference in
subsection (1)".
[6] Section 66 (7) (a)
Omit "subsection (1) (b) (iii) or (1) (c) (iii)".
Insert instead "subsection (1) (b) (vi)".
[7] Section 66 (7A)
Insert after section 66 (7):
(7A) For the purposes of subsections (1), (2), (4), (5) and (7), if an Act
provides that Part 4 of the Environmental Planning and
Assessment Act 1979 does not apply to the carrying out of the
development on the land to which the strata plan relates, a
reference in subsection (1) (b) (iv) or (v) to the Environmental
Planning and Assessment Act 1979 or an environmental planning
instrument is taken to be a reference to the Act under which
development consent to the carrying out of development on that
land may be granted or an instrument made under that Act as the
case requires.
[8] Section 66A
Omit the section. Insert instead:
66A Approvals by accredited certifiers
(1) An accredited certifier may issue a strata certificate in respect of
a proposed strata plan, proposed strata plan of subdivision or
proposed notice of conversion in accordance with this section.
(2) An accredited certifier must issue a strata certificate in respect of
a proposed strata plan that does not include a development lot or
lots if:
(a) there is a relevant development consent in force, and
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
(b) all conditions of the development consent that, by its
terms, are required to be complied with before a strata
certificate may be issued have been complied with, and
(c) where the land proposed to be subdivided is situated within
a water supply authority's area of operations--the water
supply authority has issued a certificate of compliance for
the proposed subdivision, and
(d) the requirements of subparagraphs (i), (ii) and (iii) or the
requirements of subparagraphs (iv), (v), (vi) and (vii) are
satisfied:
(i) a construction certificate has been issued under the
Environmental Planning and Assessment Act 1979
with respect to the erection of any building
containing any proposed lots to which the strata plan
relates,
(ii) the proposed lots illustrated by that plan
substantially correspond with parts of any such
building shown in the building plans accompanying
the construction certificate and designated in those
building plans as being intended for separate
occupation,
(iii) any such building was completed not more than
12 months, or such longer period as the relevant
local council may in any particular case fix, before
the application for the strata certificate under this
subsection was made to the certifier,
(iv) separate occupation of the proposed lots illustrated
by the strata plan will not contravene the provisions
of the Environmental Planning and Assessment Act
1979 or of any environmental planning instrument
within the meaning of that Act,
(v) any consent required under that Act or instrument
has been given in relation to the separate occupation
of the proposed lots illustrated by that plan,
(vi) the land proposed to be subdivided is not the subject
of any outstanding order, requirement or notice of a
kind referred to in, or given under, a provision
referred to in section 66 (1A),
(vii) if the relevant local council has made an order of the
kind referred to in Order No 6 in the Table to section
121B of the Environmental Planning and
Assessment Act 1979 in relation to the land proposed
to be subdivided--the order has been complied with
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
or an appeal against the order has been made under
section 121ZK of that Act and the Land and
Environment Court has refused to confirm the order.
(3) An accredited certifier must issue a strata certificate in respect of
a proposed strata plan that includes a development lot or
development lots, or in respect of a proposed strata plan of
subdivision of a development lot, if:
(a) the requirements of subsection (2) (a)(d) are satisfied, and
(b) the plan and any building containing proposed lots to
which the plan relates:
(i) satisfy any applicable development consent
conditions, and
(ii) give effect to the stage of the strata development
contract to which they relate.
(4) An accredited certifier must issue a strata certificate in respect of
a plan illustrating a proposed subdivision (not being a proposed
subdivision of a development lot) referred to in section 4 (7) (a)
if:
(a) the requirements of subsection (2) (a), (b) and (d) (iv) and
(v) are satisfied (as if the reference in subsection (2) (d)
(iv) or (v) is a reference to the plan to which the application
for certification relates), and
(b) the body corporate concerned has certified that by
resolution passed at a general meeting it agrees to the
proposed subdivision.
(5) An accredited certifier must issue a strata certificate in respect of
a plan illustrating a proposed subdivision (not being a proposed
subdivision of a development lot) referred to in section 4 (7) (b),
(c) or (d) if:
(a) the requirements of subsection (2) (a), (b) and (d) (iv) and
(v) are satisfied (as if the reference in subsection (2) (d)
(iv) or (v) is a reference to the plan illustrating the
proposed subdivision), and
(b) the body corporate concerned has certified that by special
resolution passed by the body corporate it agrees to the
proposed subdivision.
(6) An accredited certifier must issue a strata certificate in respect of
a proposed notice of conversion if:
(a) the requirements of subsection (2) (a) and (b) are satisfied,
and
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Environmental Planning Legislation Amendment Bill 2006
Amendment of other Acts Schedule 3
(b) the body corporate concerned has certified that by special
resolution passed by the body corporate it agrees to the
proposed subdivision.
(7) For the purposes of subsections (2)(5), if an Act provides that
Part 4 of the Environmental Planning and Assessment Act 1979
does not apply to the carrying out of the development on the land
to which the strata plan relates, a reference in subsection (2) (d)
(iv) or (v) to the Environmental Planning and Assessment Act
1979 or an environmental planning instrument is taken to be a
reference to the Act under which development consent to the
carrying out of development on that land may be granted or an
instrument made under that Act as the case requires.
(8) Despite any other provision of this section, a strata certificate
must not be issued by an accredited certifier unless all regulations
with respect to the provision of such certificates have been
complied with.
[9] Section 67 Encroachments
Omit "it is satisfied that" from section 67 (1).
[10] Section 67 (1) (c)
Insert "it is satisfied that" before "retention".
[11] Section 67 (1A)
Omit the subsection. Insert instead:
(1A) An accredited certifier must refuse to issue a strata certificate in
respect of a proposed strata plan or strata plan of subdivision if
any building illustrated by that plan encroaches on to a public
place unless:
(a) the plan clearly indicates the existence of the
encroachment and its nature and extent, and
(b) either one of the following matters is satisfied:
(i) the building complies with any relevant
development consent in force with respect to the
building with the encroachment,
(ii) any relevant development consent in force with
respect to the subdivision the subject of the plan
specifies the existence of the encroachment.
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Environmental Planning Legislation Amendment Bill 2006
Schedule 3 Amendment of other Acts
[12] Schedule 5 Transitional and savings provisions
Insert after Part 4:
Part 5 Transitional provisions relating to the
Environmental Planning Legislation
Amendment Act 2006
1 Strata certificates
Division 7 of Part 2, as amended by the Environmental Planning
Legislation Amendment Act 2006, does not apply to or in respect
of an application for a strata certificate made, but not determined,
before the commencement of Schedule 3.4 to that Act and that
Division, as in force immediately before that commencement,
continues to apply to and in respect of any such application.
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