New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 34B

34B Special provision for development in Sydney water catchment relating to water quality

(1) In this section, "Sydney drinking water catchment" means a catchment area of the State to which the Sydney Water Catchment Management Act 1998 applies that is declared by a State Environmental Planning Policy to be the Sydney drinking water catchment.

(2) Provision is to be made in a State Environmental Planning Policy requiring a consent authority to refuse to grant consent to a development application relating to any part of the Sydney drinking water catchment unless the consent authority is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on the quality of water.

(3) Pending a declaration under subsection (1), the hydrological catchment (within the meaning of the Drinking Water Catchments Regional Environmental Plan No 1 , as in force on that commencement) is taken to be the Sydney drinking water catchment.

Note: Schedule 6 provides that regional environmental plans are taken to be SEPPs as a consequence of the repeal of provisions of this Act relating to the making of regional environmental plans.

(4) The Minister is not to recommend the making of a State Environmental Planning Policy that relates to the declaration of the Sydney drinking water catchment unless:

(a) the Minister administering the Water Management Act 2000 approves of the declaration, and

(b) the Minister administering the Protection of the Environment Operations Act 1997 has been consulted about the declaration.