New South Wales Consolidated Acts

NATURE CONSERVATION TRUST ACT 2001 - SECT 38A

38A Application of Environmental Planning and Assessment Act 1979

(1) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979 :

(a) a Trust agreement is taken to be a regulatory instrument, and

(b) the Minister is responsible for the administration of such a regulatory instrument.

Note: Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.

(2) In relation to any particular Trust agreement, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force:

(a) immediately before the commencement of this section, or

(b) immediately before the Trust agreement takes effect,

does not affect the operation of the Trust agreement unless the provision is subsequently amended to expressly affect the operation of the Trust agreement.