PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
 
 
- As at 4 July 1997
 
- Act 40 of 1997
 
 
 
 
 

TABLE OF PROVISIONS
 


TABLE OF PROVISIONS

1. Name of Act

2. Commencement

3. Definitions

4. Validation of development consent

5. Validation of modification

6. Validation of modified consent

7. Operation of Act



 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- LONG TITLE
 
 
An Act to declare the validity of a development consent and a modification of
that consent in connection with the upgrading and expansion of a copper smelter
and refinery at Port Kembla; and for related purposes.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 1
Name of Act
 
 
1 Name of Act
This Act is the Port Kembla Development (Special Provisions) Act 1997.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 2
Commencement
 
 
2 Commencement
This Act commences on the date of assent.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 3
Definitions
 
 
3 Definitions
     (1) In this Act:
     "development consent" means the development consent granted, or
     purporting to have been granted, by the Minister for Urban Affairs
     and Planning in connection with the upgrading and expansion of a
     copper smelter and refinery at Port Kembla on 19 February 1996 and
     for other purposes, together with the conditions to which it was
     expressed to be subject.
     "modification" means the modification of the development consent,
     being the modification made, or purporting to have been made, by the
     Minister for Urban Affairs and Planning on 19 November 1996.
     "modified consent" means the development consent as modified by the
     modification.
     "Principal Act" means the Environmental Planning and Assessment Act
     1979, and includes the regulations under that Act, as respectively in
     force at any relevant time.
     (2) Words and expressions used in this Act have the same meanings as
     in the Principal Act.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 4
Validation of development consent
 
 
4 Validation of development consent
     (1) The development consent is validated (to the extent of any
     invalidity), and is taken:
          (a) to have been duly granted in accordance with the
          Principal Act and otherwise in accordance with law, and
          (b) to have been duly granted on 19 February 1996, and
          thereafter to be, and to have been at all relevant times, a
          valid development consent.
     (2) Without limiting subsection (1), anything done or omitted to be
     done on or after 19 February 1996 and before 19 November 1996 is as
     valid as it would have been had the development consent been in force
     when the thing was done or omitted.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 5
Validation of modification
 
 
5 Validation of modification
     (1) The modification is validated (to the extent of any invalidity),
     and is taken:
          (a) to have been duly made in accordance with the Principal
          Act and otherwise in accordance with law, and
          (b) to have been duly made on 19 November 1996, and
          thereafter to be, and to have been at all relevant times, a
          valid modification of the development consent.
     (2) Without limiting subsection (1), anything done or omitted to be
     done on or after 19 November 1996 is as valid as it would have been
     had the modification been in force when the thing was done or
     omitted.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 6
Validation of modified consent
 
 
6 Validation of modified consent
     (1) Without limiting the generality of sections 4 and 5, the modified
     consent is validated (to the extent of any invalidity).
     (2) Without limiting the generality of subsection (1) or of sections
     4 and 5, anything done or omitted to be done on or after 19 November
     1996 is as valid as it would have been had the modified consent been
     in force when the thing was done or omitted.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- SECT 7
Operation of Act
 
 
7 Operation of Act
Sections 4, 5 and 6 have effect despite the existence of, or the decision in,
any proceedings pending in any court immediately before the commencement of
this Act.
 

PORT KEMBLA DEVELOPMENT (SPECIAL PROVISIONS) ACT 1997
- NOTES
 

Historical notes
The following abbreviations are used in the Historical notes:

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Table of ActsPort Kembla Development
(Special Provisions) Act 1997 No 40. Assented to 30.6.1997. Date of
commencement, assent, sec 2.