New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 12

12 Continuation of former provisions for making LEPs

(1) In this clause:
"amending LEP" means a LEP that (apart from provisions for citation, commencement, definitions, purpose, land to which it applies and similar ancillary provisions) contains only direct amendments to or repeals of other environmental planning instruments. Any other LEP is a principal LEP even if it also contains direct amendments to or repeals of other environmental planning instruments.
"former LEP plan-making provisions" means the provisions of:

(a) Part 3 of the Act and the regulations under the Act, and

(b) Part 5 of the Heritage Act 1977 , and

(c) sections 28 and 29 of the Local Government Act 1993 ,

relating to the making of LEPs, as in force immediately before 1 July 2009 (the date of commencement of Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008 ).
"pending LEP" means:

(a) a draft principal LEP, if the Director-General was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, or

(b) a draft amending LEP, if the Director-General was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, but only until 1 July 2010 (or if the Director-General had not issued a certificate under section 65 for public exhibition of the draft before 1 July 2009, until 1 January 2011).

(2) The former LEP plan-making provisions continue to apply to the making of a pending LEP unless the Director-General notifies the council that they cease to apply. In that case, the Minister may, under clause 122 (2) of Schedule 6 to the Act, dispense with any conditions precedent to the making of the LEP (subject to compliance with such other requirements, if any, as are imposed by the Minister).

(3) Despite subclause (2), section 25 of the Act, as in force immediately before 1 July 2009, does not continue to apply to the making of a pending LEP that is an amending LEP.

(4) A pending LEP made under the former LEP plan-making provisions is taken to be a LEP made by the Minister under Division 4 of Part 3 of the Act, as amended by Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008 .

(5) In any Act or instrument, a reference in relation to a pending LEP:

(a) to a planning proposal includes a reference to a draft local environmental plan, and

(b) to community consultation includes a reference to the public exhibition of any such draft plan.