New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 5

5 Certain applications for approvals may continue to be made

(1) An application for approval for the subdivision of land or the opening of a public road (other than subdivision that comprises development of the kind referred to in clause 29 (2) (g)) may be made on or after the appointed day under Part 12 of the repealed LG Act 1919, as if that Act had not been repealed, in the following circumstances:

(a) where the application is for the same development as a development consent granted under the unamended EP&A Act 1979 before the appointed day,

(b) where the application is for the same development as a development consent granted under the unamended EP&A Act 1979 on or after the appointed day in response to a development application made under that Act before the appointed day.

(2) An application may not be made under subclause (1) on or after 1 July 1999.

(3) Nothing in this clause prevents a development application for the subdivision of land (including the opening of a public road by a person other than the Crown) from being made under the amended EP&A Act 1979 in the circumstances referred to in subclause (1).