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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 33A
Standardisation of local and other environmental planning instruments
(1) The Governor may, by order published in the Gazette, prescribe the
standard form and content of local environmental plans or other
environmental planning instruments (a
"standard instrument").
(2) An environmental planning instrument may be made
in the form of: (a) a declaration that the applicable mandatory provisions of
a standard instrument are adopted, and
(b) the prescription of the matters
required to be prescribed for the purposes of the application of the mandatory
provisions of the standard instrument (such as the adoption of land zoning or
other maps), and
(c) the prescription of any other matters permitted to be
prescribed by an environmental planning instrument, including non-mandatory
provisions of the standard instrument (with or without modification) or
additional provisions.
(3) When an environmental planning instrument is made
with such a declaration, the instrument has the form and content of the
applicable mandatory provisions of the standard instrument and the matters so
prescribed. Any draft of the instrument that is exhibited under this Act is to
set out in full the provisions that are adopted.
(4) If the mandatory
provisions of a standard instrument so adopted are amended by a further order
under subsection (1) or by an Act after they are adopted, the
environmental planning instrument is taken (without further amendment) to
adopt the amended provisions of the standard instrument on and from the date
the amendment to the standard instrument takes effect.
(5) The order that
amends a standard instrument may make provision of a savings or transitional
nature consequent on the amendment of the standard instrument.
(6) Where a
standard instrument has been adopted, the provisions of the
environmental planning instrument (other than the mandatory provisions of the
adopted standard instrument) may be amended from time to time by another
environmental planning instrument or in accordance with any Act.
(7) A
standard instrument may: (a) provide that a provision is a mandatory provision
only in the circumstances specified in the instrument, and
(b) contain
requirements or guidance as to the form or content of a non-mandatory
provision.
(8) The adoption of the provisions of a standard instrument in an
environmental planning instrument is taken to be a matter of State
environmental planning significance for the purposes of this Act.
(9) Subject
to this Act and the regulations, the form and subject-matter of an
environmental planning instrument or draft instrument is (if there is no
applicable standard instrument) to be as determined by the Minister.
(10) In
this section:
"amend" includes alter or vary.
"form" includes structure.
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