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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 33B
Staged repeal and review of environmental planning instruments
(1) In order to facilitate the staged implementation of standard instruments
and the periodic review of existing instruments, the Minister may, by order
published in the Gazette, establish a staged repeal program for existing
environmental planning instruments.
(2) The staged repeal program may include
provision for or with respect to the following: (a) the repeal of designated
environmental planning instruments at specified times during the period of the
program,
(b) requirements for the preparation and making of replacement
instruments (including the times by which draft replacement instruments are to
be submitted to the Director-General or the Minister),
(c) the postponement
of the repeal of particular instruments when the making of a replacement
instrument is delayed,
(d) the periodic review by a council of
environmental planning instruments (other than State environmental planning
policies and regional environmental plans) applying in its area and the
submission of reports of each review to the Director-General.
(3) At the time
specified by the staged repeal program for the repeal of a designated
environmental planning instrument, the instrument is repealed by the operation
of this section.
(4) The Minister may, by order published in the Gazette,
make a local environmental plan to take effect on the repeal of an instrument
under this section pending the making of a replacement instrument in
accordance with this Act. Any such plan made by the Minister is to adopt the
mandatory provisions of a standard instrument (with the prescriptions the
Minister considers necessary in the particular circumstances).
(5) For the
purposes of subsection (4): (a) an order making a plan under that subsection
is not required to comply with other requirements for the making of an
environmental planning instrument, and
(b) public notice is to be given of
the proposed plan for such period as the Minister considers appropriate and
submissions invited on the proposed plan during that period, and
(c) the
council is to provide the Minister, when requested, with copies of any draft
plans, maps or other relevant documents prepared or held by the council.
The
Minister may direct the council to pay to the Director-General such amount as
the Director-General determines will meet the reasonable costs incurred on
behalf of the Minister by the Department for the purposes of making the plan
under subsection (4).
Note: See section 118 (1A) in relation to the power to
appoint an administrator to exercise plan-making functions when a council
fails to comply with the requirements of the staged repeal program for the
preparation or making of a replacement instrument.
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