New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 8O

8O Other projects prohibited by environmental planning instruments for which project approval may not be given

(1) For the purposes of section 75J (3) of the Act, approval for the carrying out of a project may not be given under Part 3A of the Act for any project, or part of a project, that:

(a) is not the subject of an authorisation or requirement under section 75M of the Act to apply for approval of a concept plan, and

(b) is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.

(2) To avoid doubt, a project is not prohibited for the purposes of subclause (1) (b) if:

(a) it is not permitted because of the application of a development standard under the environmental planning instrument, or

(b) it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.

(3) This clause does not apply to a project for which the giving of approval is prohibited by clause 8N.