New South Wales Consolidated Regulations

LOWER SOUTH COAST REGIONAL ENVIRONMENTAL PLAN (NO 2) - REG 4

4 Relationship to other environmental planning instruments

(1) In the event of an inconsistency between this plan and another environmental planning instrument (other than a State environmental planning policy) applying to the land to which this plan applies, this plan shall prevail to the extent of the inconsistency.

(2) In so far as a provision of this plan indicates that any matter or thing should be undertaken by a council or another consent authority as a condition precedent to the granting of a development consent in accordance with any local environmental plan, the provision does not operate so as to render a development consent unlawful or ineffective by reason only of a failure to observe the condition.

(3) In so far as a provision of this plan indicates that a local environmental plan should include, or should refrain from including, a particular requirement (whether as a condition subsequent to the inclusion in such a plan of some other requirement of a specified kind, or otherwise):

(a) the provision has effect in relation to all local environmental plans applying to any land within the region, with the intent that a failure of any draft plan to comply with the provision constitutes an inconsistency, as mentioned in section 68 (4) (d) (iii) of the Act, between this plan and the draft local environmental plan concerned, and

(b) the provision does not, however, operate so as to render any such plan, if otherwise duly made, unlawful or ineffective by reason of such an inconsistency.