New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 29

29 Certain activities require development consent under amended EP&A Act 1979

(1) This clause applies to development consisting of:

(a) a prescribed activity proposed to be carried out within the area of a council, or

(b) the subdivision of land within the area of a council,

including development proposed to be carried out in connection with an existing use, but not including development referred to in subclause (2).

(2) This clause does not apply to development of the kind referred to in subclause (1) that consists of:

(a) any activity that, immediately before the appointed day, was specified in item 6 of Part A of the Table to section 68 of the unamended LG Act 1993 (relating to the use and occupation of uncompleted buildings), or

(b) any prescribed activity (other than an activity referred to in paragraph (a)) that, immediately before the appointed day, was exempted, excluded or suspended from the requirement for approval under the unamended LG Act 1993:

(i) by the Local Government (Approvals) Regulation 1993 , as in force immediately before the appointed day, or

(ii) by a local approvals policy in force under the unamended LG Act 1993 (being a local approvals policy that is still in force at the time the development application for development consent is made), or

(iii) by or under the provisions of any Act, including the provisions of an environmental planning instrument of a kind referred to in section 28 of the unamended EP&A Act 1979, or

(c) any subdivision of land that, immediately before the appointed day, was exempted from the requirements for approval under the repealed LG Act 1919 by or under the provisions of that or any other Act, including the provisions of an environmental planning instrument of a kind referred to in section 28 of the unamended EP&A Act 1979, or

(d) any development:

(i) carried out by the Crown, or

(ii) carried out by any person prescribed by the amended EP&A Regulation 1994 for the purposes of section 115M of that Act (as referred to in section 115H (a) of that Act) in relation to Crown building work,

being development that, immediately before the appointed day, constituted an activity within the meaning of Part 5 of the unamended EP&A Act 1979,

(d1) any development consisting of the demolition of a building or work:

(i) carried out by the Crown, or

(ii) carried out by any person prescribed by the amended EP&A Regulation 1994 for the purposes of section 115M of that Act (as referred to in section 115H (a) of that Act) in relation to Crown building work,

(d2) any development consisting of subdivision:

(i) carried out by the Crown, or

(ii) carried out by any person prescribed by the amended EP&A Regulation 1994 for the purposes of section 115M of that Act (as referred to in section 115H (a) of that Act) in relation to Crown building work,

(d3) any non-structural alterations to a building:

(i) carried out by the Crown, or

(ii) carried out by any person prescribed by the amended EP&A Regulation 1994 for the purposes of section 115M of that Act (as referred to in section 115H (a) of that Act) in relation to Crown building work,

(e) any prohibited development, or

(g) any activity within the meaning of Part 5 of the Act:

(i) in respect of which an application for approval to a determining authority within the meaning of that Part has been made, but not finally determined, immediately before the appointed day, or

(ii) which was approved by a determining authority within the meaning of that Part before the appointed day and that commences pursuant to that approval not later than 3 years after the appointed day.

(3) Development to which this clause applies may not be carried out except with development consent.

(4) Development consent may not be granted in relation to development for a prescribed activity that involves the erection of a building unless the requirements of Division 4 of Part 1 of Chapter 7 of the unamended LG Act 1993 have been complied with.

(5) The requirements relating to the notification of proposed development under the amended EP&A Act 1979 (including any requirements applied by clause 32 (1)) do not apply to a development application for development for which the requirements referred to in subclause (4) are required to be complied with.

(6) Subclauses (4) and (5) apply only if a local approvals policy (being a local approvals policy with respect to the notification of applications for approvals) is in force under the unamended LG Act 1993 at the time the development application for development consent is made.

(7) This clause has effect:

(a) despite the existing provisions of an existing EPI, and

(b) despite any rezoning of land (whether effected by existing or new provisions of an existing EPI or otherwise),

but is otherwise subject to the provisions of any new EPI and to any new provisions of an existing EPI.

(7A) Nothing in this clause requires development consent to be obtained for any development for which development consent is required to be obtained otherwise than by operation of this clause.

(8) The consent authority for the purposes of development to which this clause applies is the council unless, by or under the Act, some other person is the consent authority for the purposes of that development.

(9) Despite Part 9 of the amended EP&A Regulation 1994, the fee for an application to carry out development of the kind to which this clause applies, being the erection of a building within the meaning of the unamended LG Act 1993, is the fee determined in accordance with an order under clause 33.

(11) This clause ceases to have effect on 1 July 2001.