New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 289

289 Miscellaneous savings and transitional provisions: 2005 Amending Act

(1) In this clause and clause 289A:
"2005 Amending Act" means the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 .

(2) Adoption of model provisions An environmental planning instrument made after the commencement of the repeal of section 33 of the Act by Schedule 2 to the 2005 Amending Act (but initiated before that commencement) may, despite the repeal of that section, adopt model provisions made under that section as in force immediately before its repeal. Accordingly, those model provisions continue in force for the purposes of any environmental planning instrument that adopts them and clause 93 (2) of Schedule 6 to the Act extends to those provisions.

(3) For the purposes of subclause (2), an environmental planning instrument is taken to have been initiated if the relevant council (or the Director-General, as the case requires) has resolved to make the instrument.

(4) Pending development control plans Clause 94 (1) of Schedule 6 to the Act extends to a development control plan that was approved before 30 September 2005 but did not take effect until after that date.

(6) Existing section 117 (2) directions continue to apply to draft plans Despite clause 96 (2) of Schedule 6 to the Act, a direction given under section 117 (2) of the Act before the commencement of Schedule 2 to the 2005 Amending Act continues in force in relation to a draft local environmental plan only if the draft plan:

(a) is submitted to the Director-General under section 68 (4) of the Act before 31 December 2006, or

(b) is the subject of a report under section 69 of the Act that is furnished before that date.

(7) Master plans under epis made before 31 December 2005 A reference in clause 95 (2) of Schedule 6 to the Act to a provision of an environmental planning instrument that requires, before the grant of development consent, a master plan for the land concerned extends to a provision of that kind in an environmental planning instrument that is made before 31 December 2005.