New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) In this Schedule:
"environmental assessment requirements" means:(a) environmental assessment requirements for approval to carry out a project, or for approval of a concept plan for a project, notified to the proponent of the project under Part 3A (as modified from time to time under that Part), or(b) environmental assessment requirements adopted by the Director-General as environmental assessment requirements for approval to carry out a project, or for approval of a concept plan for a project, under clause 8J of the Environmental Planning and Assessment Regulation 2000 ,but does not include draft environmental assessment requirements.
"Part 3A project or concept plan application" means an application under Part 3A for approval to carry out a project (or part of a project) or for approval of a concept plan for a project.
"relevant Part 3A repeal date" means:(a) the date on which Part 3A was repealed, except as provided by paragraph (b), or(b) in the case of a project to which clause 17 (1) of State Environmental Planning Policy (Major Development) 2005 applies-8 April 2011."transitional Part 3A project" -see clause 2.
(2) Words and expressions used in this Schedule have the same meaning as they had in Part 3A immediately before its repeal.
(3) This Schedule applies, on and from the commencement of this Schedule, with the amendments made by the Environmental Planning and Assessment Further Amendment (Part 3A Repeal) Regulation 2011 .
(1) The following are, subject to this Schedule, "transitional Part 3A projects":(a) an approved project (whether approved before or after the repeal of Part 3A),(b) a project that is the subject of an approved concept plan (whether approved before or after the repeal of Part 3A),(c) a project for which environmental assessment requirements for approval to carry out the project, or for approval of a concept plan for the project, were last notified or adopted within 2 years before the relevant Part 3A repeal date (unless the environmental assessment is not duly submitted within 2 years after the repeal of Part 3A or such further period or periods as the Director-General may allow by notice in writing to the proponent),(d) a project for which an environmental assessment (whether for approval to carry out the project or for approval of a concept plan for the project) was duly submitted before the relevant Part 3A repeal date.
(2) Environmental assessment requirements referred to in subclause (1) (c) do not include environmental assessment requirements determined under section 75P (1) (a).
(3) If the environmental assessment requirements referred to in subclause (1) (c) are expressed to expire at a particular time, those requirements continue and do not expire at that time.
(4) A part of a project is a transitional Part 3A project if that part of the project meets the criteria under this clause for a transitional Part 3A project even though the whole project does not meet those criteria.
(5) A transitional Part 3A project extends to the project as varied by changes to the Part 3A project or concept plan application, to the concept plan approval or to the project approval, whether made before or after the repeal of Part 3A.
(6) Development is not a transitional Part 3A project if it ceased to be a project to which Part 3A applies before the repeal of Part 3A or if it ceases to be such a project after that repeal in accordance with the provisions of or continued by this Schedule.
(7) The repeal, on the commencement of this Schedule, of provisions of the State Environmental Planning Policy (Major Development) 2005 that declared development as projects to which Part 3A applied (or as critical infrastructure projects) does not affect the operation of this Schedule.
(8) A transitional Part 3A project is not State significant development or State significant infrastructure, unless it becomes State significant development or infrastructure and ceases to be a transitional Part 3A project as referred to in clauses 5 and 6.
(1) Part 3A of this Act (as in force immediately before the repeal of that Part and as modified under this Schedule after that repeal) continues to apply to and in respect of a transitional Part 3A project.
(2) For that purpose:(a) any State environmental planning policy or other instrument made under or for the purposes of Part 3A, as in force on the repeal of that Part and as amended after that repeal, continues to apply to and in respect of a transitional Part 3A project, and(b) declarations, orders, directions, determinations or other decisions with respect to a transitional Part 3A project continue to have effect and may continue to be made under Part 3A (including for the purpose of the application or continued application of Part 4 or 5 or other provisions of this Act in relation to the project).Note: For orders under former sec 75B, declarations under former sec 75C, or orders or declarations in relation to those sections under this paragraph, see the Historical notes at the end of this Act.
(3) This clause is subject to the other provisions of this Schedule.
(1) Approval cannot be granted for the carrying out of a transitional Part 3A project if the development concerned is a transitional Part 3A project only because it is the subject of:(a) an approved concept plan, or(b) environmental assessment requirements for approval of a concept plan, or(c) an environmental assessment for approval of a concept plan.However, approval may be granted to such a project if it is to be granted under section 75P (1) (c) when the concept plan is approved (but not if it is to be granted when the concept plan is modified).
(2) An application under Part 3A for approval to carry out such a project cannot be lodged or dealt with.
(3) This clause does not prevent the determination of an application for approval of a concept plan.
(1) This clause applies to development (other than an approved project) for which a concept plan has been approved under Part 3A, before or after the repeal of Part 3A, and so applies whether or not the project or any stage of the project is or was a transitional Part 3A project.
(2) After the repeal of Part 3A, the following provisions apply (despite anything to the contrary in section 75P (2)) if approval to carry out any development to which this clause applies is subject to Part 4 or 5 of the Act:(a) if Part 4 applies to the carrying out of the development, the development is taken to be development that may be carried out with development consent under Part 4 (despite anything to the contrary in an environmental planning instrument),(b) if Part 5 applies to the carrying out of the development, the development is taken to be development that may be carried out without development consent under Part 4 (despite anything to the contrary in an environmental planning instrument),(c) any development standard that is within the terms of the approval of the concept plan has effect,(d) a consent authority must not grant consent under Part 4 for the development unless it is satisfied that the development is generally consistent with the terms of the approval of the concept plan,(e) a consent authority may grant consent under Part 4 for the development without complying with any requirement under any environmental planning instrument relating to a master plan,(f) the provisions of any environmental planning instrument or any development control plan do not have effect to the extent to which they are inconsistent with the terms of the approval of the concept plan,(g) any order or direction made under section 75P (2) when the concept plan was approved continues to have effect.
(1) Section 75W continues to apply for the purpose of the modification of a concept plan approved before or after the repeal of Part 3A, whether or not the project or any stage of the project is or was a transitional Part 3A project.
(2) This clause applies despite anything to the contrary in this Schedule (other than provisions relating to approval for the carrying out of a project or stage of a project that is given in connection with an approval to modify a concept plan).
A reference in this Act (other than this Schedule) or in any other Act or in any instrument made under an Act to Part 3A or to a provision of that Part is to be construed as a reference to that Part or that provision as continued by this Schedule.
(1) Specified development on specified land that was a project to which Part 3A applied immediately before its repeal may be declared to be State significant infrastructure under section 115U (4).
(2) Any such development may be declared to be State significant infrastructure whether or not the development is a transitional Part 3A project. On the making of the declaration it ceases to be a transitional Part 3A project.
(3) Despite anything to the contrary in any environmental planning instrument, any such development that is declared to be State significant infrastructure is taken to be development that may be carried out without development consent under Part 4.
(4) For the purposes of Part 5.1 of the Act in its application to any such development:(a) a concept plan approved under Part 3A in relation to the development (whether before or after the repeal of Part 3A) is taken to be an approval (and the concept proposals) for a staged infrastructure application under Division 3 of Part 5.1, and(c) any environmental assessment requirements, any statement of environmental assessment, any public exhibition, any response to submissions, any preferred project report by a proponent or any other action under Part 3A in relation to the development is taken to be environmental assessment requirements, an environmental impact statement, public exhibition, a response to submissions, a preferred infrastructure report by a proponent or other action taken under the corresponding provisions of Part 5.1, unless the Director-General directs that any such action be taken again under Part 5.1.
(1) This clause applies to modification request no MP06_0157 MOD 1 to modify the staged infrastructure approval (dated 6 May 2008) relating to the North West Rail Link development and to any subsequent modification requests to modify that approval.Note: The North West Rail Link development is declared to be State significant infrastructure by the operation of clause 5 of this Schedule and Schedule 4 to the State Environmental Planning Policy (State and Regional Development) 2011 . The concept plan approved under Part 3A in relation to the development is taken to be an approval for a staged infrastructure application (see clause 5 (4) (a) of this Schedule).
(2) Section 115ZI applies to a modification request to which this clause applies as if that request were a request to modify a Minister’s approval within the meaning of that section.
(3) Any actions taken before the commencement of this clause with respect to any modification request to which this clause applies have effect for the purposes of the application of section 115ZI to the request.
(4) This clause is in addition to clause 5.
(1) Specified development on specified land that was a project to which Part 3A applied immediately before its repeal may be declared to be State significant development under section 89C.
(2) Any such development may be declared to be State significant development whether or not the development is a transitional Part 3A project. On the making of the declaration it ceases to be a transitional Part 3A project.
(3) For the purposes of Part 4 in its application to any such development:(a) any approval under Part 3A to carry out part of the development is taken to be a development consent under Part 4 for the carrying out of that part of the development, and(b) any environmental assessment requirements, any statement of environmental assessment, any public exhibition, any response to submissions by a proponent or any other action under Part 3A in relation to the development are taken to be environmental assessment requirements, an environmental impact statement, public exhibition, a response to submissions by an applicant or other action taken under the corresponding provisions of Part 4, unless the Director-General directs that any such action be taken again under Part 4.
(1) The regulations may make provision for or with respect to the effect of the revocation (whether or not under this Schedule) of a declaration of development as a project under Part 3A or as a critical infrastructure project.
(2) In particular, the regulations may make provision for or with respect to:(a) the revival of consents or approvals under other Parts of this Act, and(b) the recognition of any environmental assessment or any other action for the purposes of other Parts of this Act, and(c) the continuing effect of provisions of Part 3A for the purposes of other Parts of this Act.
(1) Compensation is not payable by or on behalf of the State:(a) because of the enactment, making or operation of any of the following:(i) the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 ,(ii) State Environmental Planning Policy (Major Development) Amendment 2011 or any other environmental planning instrument, regulation or decision relating to the removal of any project from the operation of Part 3A (whether made before or after the commencement of this clause), or(b) because of any consequence of any such enactment, making or operation, or(c) because of any statement or conduct relating to any such enactment, making or operation, or(d) because of any other statement or conduct relating to the repeal or proposed repeal of Part 3A (including the termination of consideration of any application or proposal under that Part in anticipation of its repeal).
(2) This clause extends to statements, conduct and any other matter occurring before the commencement of this clause.
(3) In this clause:
"compensation" includes damages or any other form of monetary compensation.
"conduct" includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
"statement" includes a representation of any kind:(a) whether made verbally or in writing, and(b) whether negligent, false, misleading or otherwise."the State" means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.
(1) This clause applies to regulations made under Part 1 of Schedule 6 that contain provisions of a savings or transitional nature consequent on the enactment of the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 .
(2) The provisions of those regulations have effect despite anything to the contrary in this Schedule.
(3) The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
(1) An approval for carrying out a transitional Part 3A project lapses on the day that is 5 years after the repeal of Part 3A unless:(a) the project is physically commenced (within the meaning of section 95) on or before that day on the land to which the approval relates, or(b) the approval of the project is subject to a condition in force under section 75Y that provides for the approval to lapse on an earlier or later day.
(2) Despite subclause (1), an approval for carrying out a transitional Part 3A project that authorises the use of any land, building or work does not lapse if that use is actually commenced before the date on which the approval would otherwise lapse.
(3) The approval of a concept plan for a transitional Part 3A project lapses on the day that is 5 years after the repeal of Part 3A unless:(a) any part of the project is physically commenced (within the meaning of section 95) on or before that day, in accordance with an approval or development consent, on the land to which the approval or consent relates, or(b) the approval of the concept plan is subject to a condition in force under section 75Y that provides for the approval to lapse on an earlier or later day.
Section 75W of Part 3A continues to apply to modifications of the development consents referred to in clause 8J (8) of the Environmental Planning and Assessment Regulation 2000 , and so applies whether an application for modification is made before or after the commencement of this clause.
The amendments made to this Act by Schedule 1.2 [16], [18], [19], [25] and [26] to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 do not apply to or in respect of a development application lodged on or before the commencement of the amendment concerned.
Section 23G (4A), as inserted by Schedule 1.5 [2] to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 , does not apply to proceedings commenced by or against a joint regional planning panel before the commencement of that amendment.
(1) A council is the consent authority for a development application for development on land within the area of the council if:(a) the development application was made but not determined before the commencement of Schedule 4A and a regional panel was exercising the consent authority functions of the council when the application was made, and(b) the regional panel ceased to exercise those functions on the commencement of that Schedule.
(2) An application (whether made before or after the commencement of Schedule 4A) for modification of a development application for development for which a regional panel ceased to exercise the consent authority functions of a council on that commencement is to be determined by that council.
(3) Despite subclause (1), the applicable regional panel continues to exercise the consent authority functions of a council for the following development applications (but not for the modification of those development applications):(a) a development application for development that has a capital investment value of more than $10 million if the development application was made, but not determined by the panel, before the commencement of Schedule 4A,(b) a development application for development referred to in clause 13B (1) (f) of the State Environmental Planning Policy (Major Development) 2005 , if the development application was made, but not determined by the panel, before the commencement of Schedule 4A,(c) the first stage of a staged development application for development referred to in clause 13G of the State Environmental Planning Policy (Major Development) 2005 , if the development application was made, but not determined by the panel, before the commencement of Schedule 4A.
If development in connection with the Opera House is declared to be State significant development or State significant infrastructure, clause 90 of Schedule 6 continues to apply as if references in that clause to provisions of Part 3A were references to the corresponding provisions relating to State significant development or State significant infrastructure.
(1) The amendments made to section 23D of this Act by Schedule 1.4 to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 do not affect any review under that section that was requested by the Minister before the commencement of those amendments.
(2) The amendment made to clause 5 (3) of Schedule 3 to this Act by Schedule 1.4 [7] to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 extends to persons who were appointed as members before the commencement of that amendment.
The amendment made to clause 2 of Schedule 4 to the Act by Schedule 1.5 [4] to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 does not apply to or in respect of the appointment or reappointment of a person who was the chairperson of a regional panel immediately before the commencement of that amendment.