New South Wales Consolidated Acts
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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 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.
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