New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 183A

183A Application of Environmental Planning and Assessment Act 1979

(1) In this section:
"prescribed instrument" means:

(a) a condition to which a recording under section 36 (4) (a), 37 (2) (a) or 38 (a) relates, or

(b) a restriction on use or public positive covenant imposed in accordance with Part 4A.

(2) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979 :

(a) a prescribed instrument is taken to be a regulatory instrument, and

(b) the Minister is responsible for the administration of such a regulatory instrument.

Note: Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.

(3) In relation to any particular prescribed instrument, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force:

(a) immediately before the commencement of this section, or

(b) immediately before the prescribed instrument takes effect,

does not affect the operation of the prescribed instrument unless the provision is subsequently amended to expressly affect the operation of the prescribed instrument.