Schedule 2 Amendment of instruments
(Section 4)
2.1 Environmental Planning and Assessment Regulation 2000
[1] Schedule 4 Planning certificates
Omit clause 10.
Insert at the end of the Schedule:Note. The following matters are prescribed by section 59 (2) of the Contaminated Land Management Act 1997 as additional matters to be specified in a planning certificate:(a) that the land to which the certificate relates is significantly contaminated land within the meaning of that Act—if the land (or part of the land) is significantly contaminated land at the date when the certificate is issued,(b) that the land to which the certificate relates is subject to a management order within the meaning of that Act—if it is subject to such an order at the date when the certificate is issued,(c) that the land to which the certificate relates is the subject of an approved voluntary management proposal within the meaning of that Act—if it is the subject of such an approved proposal at the date when the certificate is issued,(d) that the land to which the certificate relates is subject to an ongoing maintenance order within the meaning of that Act—if it is subject to such an order at the date when the certificate is issued,(e) that the land to which the certificate relates is the subject of a site audit statement within the meaning of that Act—if a copy of such a statement has been provided at any time to the local authority issuing the certificate.
2.2 Local Government (General) Regulation 2005
Omit the clause. Insert instead:97 Copies of certain orders to be provided to EPA
(1) If a council gives Order No 11, 12, 18, 21, 22 or 25 in respect of land or premises and the land or the land on which the premises are situated is subject to statutory contaminated land management, the council must provide the EPA with a copy of the Order and of any modification or revocation of it.(2) Failure to provide the EPA with a copy does not invalidate an Order, modification or revocation.(3) In this clause:EPA means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991.
statutory contaminated land management means that one or more of the following matters under the Contaminated Land Management Act 1997 apply in relation to the land:
(a) the land is significantly contaminated land within the meaning of that Act and the council has been notified under section 59 of that Act that the land is significantly contaminated land,(b) a management order is in force under Part 3 of that Act and the council has been notified under section 59 of that Act that the order is in force,(c) an approved voluntary management proposal applies to the land under section 17 of that Act and the council has been notified under section 59 of that Act that the proposal has been approved,(d) an ongoing maintenance order has effect under section 28 of that Act and the council has been notified under section 59 of that Act that the order has effect,(e) a restriction on the use of the land or a public positive covenant has been imposed by the EPA on the land under section 29 of that Act.Note. Section 7 (2) of the Protection of the Environment Operations Act 1997 provides for that Act to prevail over any other Act or statutory rule to the extent of any inconsistency and for a regulation under that Act to prevail over any other statutory rule to the extent of any inconsistency.Section 109 of the Contaminated Land Management Act 1997 provides that the exercise of functions under other Acts must not be inconsistent with the functions of the EPA or other public authority under that Act.
2.3 Water Sharing Plan for the Alstonville Plateau Groundwater Sources 2003
Schedule 4 Contamination sources
Omit paragraph (d) of the Schedule. Insert instead:(d) any significantly contaminated land within the meaning of the Contaminated Land Management Act 1997.