New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 45

45 Approvals

(1) Subject to Division 1, an approval for a prescribed activity granted and in force under the unamended LG Act 1993 (including an approval arising under Division 1 but not including an approval for an activity specified in item 6 of Part A of the Table to section 68 of that Act) is taken to be a development consent granted under the amended EP&A Act 1979.

(2) In particular:

(a) a condition of a “deferred commencement” approval referred to in section 95 of the unamended LG Act 1993 is taken to be a condition of a “deferred commencement” consent referred to in section 80 (3) of the amended EP&A Act 1979, and

(b) a condition of a “staged development” approval referred to in section 96 of the unamended LG Act 1993 is taken to be a condition of a “staged development” consent referred to in section 80 (4) of the amended EP&A Act 1979.

(3) However, an approval for a prescribed activity granted under the unamended LG Act 1993 is not taken to be a development consent if:

(a) the activity comprises development that, immediately before the appointed day, required development consent under the unamended EP&A Act 1979, and

(b) the development consent referred to in paragraph (a) has not been obtained.

(4) A development consent arising under subclause (1) (being a development consent for building work or demolition work) is taken to be subject to the conditions prescribed by Part 7 of the amended EP&A Regulation 1994 as if the development consent had been granted under the amended EP&A Act 1979.