New South Wales Consolidated Acts

BOTANY AND RANDWICK SITES DEVELOPMENT ACT 1982 - SECT 3

3 Validation

(1) To the extent (if any) of any invalidity, each planning instrument shall be deemed to have been validly made, and:

(a) shall be deemed to have had, during the period that commenced on the day on which it was made or purported to be made and ended immediately before the date of assent to this Act, and

(b) shall have, on and after the date of assent to this Act,

the same force and effect as it would have had if:

(c) all the planning instruments had been validly made on the respective days on which they were made or purported to be made, and

(d) without affecting the generality of the foregoing provisions of this subsection:

(i) all conditions and preliminary steps precedent to the making of the planning instruments had been complied with and performed, and

(ii) the planning instruments formed part of this Act and this Act had been in force at all relevant times.

(2) To the extent (if any) of any invalidity:

(a) the development applications made or purported to be made under the Principal Act, and dated 31 May 1982, and made by Westfield Developments Pty Limited to Botany Municipal Council in relation to land to which Botany Local Environmental Plan No 5 applies, are validated, and

(b) the grants of consent to those applications, either unconditionally or subject to conditions, before the date of assent to this Act are validated,

and no appeals or other proceedings lie in respect of the determination of that Council with respect to any of those applications, but nothing in this subsection prevents the applicant from appealing under section 97 of the Principal Act with respect to any such determination.

(3) Subsection (1) has effect with respect to a planning instrument only in so far as the instrument applies or purports to apply to any of the land to which the relevant instruments apply or purport to apply.

(4) Without prejudice to the generality of the foregoing provisions of this section, this section has effect in relation to any act, matter or thing and in relation to any person in respect of any act, matter or thing, whether that act, matter or thing:

(a) occurred or occurs, arose or arises or came or comes into existence, or

(b) was or is the subject of proceedings that were or are commenced,

before on or after the date of assent to this Act.