New South Wales Consolidated Acts

LOCAL GOVERNMENT (CITY OF SYDNEY BOUNDARIES) ACT 1967 - SECT 31

31 City of Sydney Planning Scheme

(1) In this section, "City of Sydney Planning Scheme" means the City of Sydney Planning Scheme prepared by the Council of the City of Sydney and referred to in the notice published in Gazette No 149 of the thirty-first day of December, one thousand nine hundred and sixty-four, as altered before the appointed day pursuant to section 342J of the Principal Act (as in force immediately before the commencement of the Local Government (Town and Country Planning) Amendment Act 1962 ) or as in force as a prescribed scheme immediately before the appointed day.

(2) The City of Sydney Planning Scheme shall on and from the appointed day:

(a) so far as it relates to the land referred to in Schedule Five, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the City of Sydney,

(b) so far as it relates to the land referred to in Schedule One, Two or Three, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the Municipality of Leichhardt, Marrickville or Woollahra, as the case may be,

(c) so far as it relates to the land referred to in Schedule Four, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the Municipality of Northcott.

(3) All things done or omitted to be done for or with respect to the preparation of the scheme, in relation to the scheme, or in pursuance of the scheme, as prepared by the Council of the City of Sydney shall, as regards any land included within their respective areas by virtue of the provisions of this Act, be deemed to be things done or omitted to be done for or with respect to the preparation of the scheme, in relation to the scheme, or in pursuance of the scheme, as deemed by subsection two of this section to be prepared by the Councils of the Municipalities of Leichhardt, Marrickville, Woollahra and Northcott respectively.

(4) A reference in the City of Sydney Planning Scheme and in any ordinance prescribing that scheme or that scheme, as altered:

(a) to the City of Sydney shall be construed, on and from the appointed day, as including a reference to the lands described in Schedules One, Two, Three and Four, and

(b) to the Council of the City of Sydney, shall, as regards the lands described in Schedule One, Two, Three or Four, be construed, on and from the appointed day, as a reference to the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott, as the case may be.

(5) In respect of any land added to the Municipality of Leichhardt, Marrickville or Woollahra, or constituted as the Municipality of Northcott, pursuant to the provisions of this Act, a scheme may, at any time after the appointed day, be prepared, under and in accordance with Part 12A of the Principal Act, by the council of the area concerned for the purpose of substituting that scheme for the scheme deemed by this section to have been prepared in respect of that land and repealing that lastmentioned scheme.

(6) Nothing in subsection five of this section derogates from the powers under Part 12A of the Principal Act of the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott in relation to the preparation of schemes with respect to the land added to, or constituted as, the area of that council pursuant to the provisions of this Act.