New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 34

34 Environmental planning instruments-making, operation and inspection

(5) An environmental planning instrument shall:

(a) be published in the Gazette, and

(b) take effect on and from the date of publication or a later date specified in the instrument.

(5A) Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument.

(5B) Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published in the Gazette after the day on which one or more of its provisions is expressed to take effect. In that case, the provisions concerned take effect on and from the day the instrument is published in the Gazette, instead of on and from the earlier day.

(6) A copy of every environmental planning instrument shall be available for public inspection, without charge, at the office of the Department during ordinary office hours.

(7) The Director-General shall furnish each council affected by an environmental planning instrument with a copy of the instrument as soon as practicable after it is made.

(8) A copy of each environmental planning instrument that has been furnished to a council by the Director-General shall be available for public inspection, without charge, at:

(a) the office of the council during ordinary office hours, and

(b) such other premises operated or controlled by the council and at such times as may be prescribed.

(9) An environmental planning instrument shall be deemed to have been published in the Gazette notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published.

(10) A reference in subsections (6), (7) and (8) to a copy of an environmental planning instrument includes a reference to any planning map or other prescribed instrument or material referred to, embodied or incorporated in the instrument.

Note: An environmental planning instrument is an instrument for the purposes of the Interpretation Act 1987 , and accordingly standard provisions under that Act applying to statutory instruments apply to environmental planning instruments.