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ENVIRONMENTAL PLANNING AND ASSESSMENT
(MISCELLANEOUS AMENDMENTS) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Environmental Planning and Assessment Act
1979 so as to make various modifications to the legislative scheme provided by that Act
for the planning, assessment and control of development. In particular, the proposed Act
will:
· abolish the Advisory co-ordinating Committee established under that Act;
· recognise that development control plans may be prepared to add detail to a
regional environmental plan;
· provide that local councils may re-exhibit for public comment a draft local
environmental plan that has been amended;
· allow the Land and Environment Court to extend the period within which
development allowed by a consent may be commenced when determining certain
appeals;
· make more effective an extension by a consent authority of the period within
which development allowed by a consent may be commenced;
· make more detailed provision relating to the procedure for modification of a
consent by the Court;
· allow for the charging of fees for applications to modify consents;
· require a consent authority to take into consideration the matters listed in section
90 of the Act when determining an application for modification of a consent;
· make clearer the effect of provisions of the Act restricting the continuance of
former lawful uses;
· expand the Minister's power to require a commission of Inquiry to be held;
· increase penalties for offences against the Act (including offences created by
environmental planning instruments);
· expand the jurisdiction of a Local Court in dealing with such offences.
of the above matters is explained in greater detail in the explanatory note
appearing in Schedule 1 after the relevant amendment or amendments.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 states that the Environmental Planning and Assessment Act 1979 is
referred to in the proposed Act as the Principal Act.
Clause 4 is a formal provision that gives effect to the amendments to the Principal
Act set out in Schedule 1.
Clause 5 states that the explanatory notes set out in Schedule 1 do not form part of
the proposed Act.
Schedule l--Amendments