New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 37

37 Suspension of certain laws etc

(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act:

(a) section 314 (1) (c) of, and Schedule 7 to, the Local Government Act 1919 , and

(b) the operation of any agreement, covenant or instrument (except any agreement, covenant or instrument made by the council or to which the council is a party) which purports to impose restrictions on the carrying out of development on land to which this plan applies,

to the extent necessary to serve that purpose, shall not apply to any such development.

(2) Pursuant to section 28 of the Act, before the making of this plan:

(a) the Governor approved of subclause (1), and

(b) the Minister for Local Government concurred in writing in the recommendation for the approval of the Governor of subclause (1) (a).