Environmental Planning and Assessment Act 1979 No 203
28 Suspension of laws etc by environmental planning
(1) In this section, regulatory
instrument means any Act (other than this Act), rule, regulation,
by-law, ordinance, proclamation, agreement, covenant or instrument by or under
whatever authority made.
(2) For the purpose of enabling development to be carried out in
accordance with an environmental planning instrument or in accordance with a
consent granted under this Act, an environmental planning instrument may
provide that, to the extent necessary to serve that purpose, a regulatory
instrument specified in that environmental planning instrument shall not apply
to any such development or shall apply subject to the modifications specified
in that environmental planning instrument.
(3) A provision referred to in subsection (2) shall have effect
according to its tenor, but only if the Governor has, before the making of the
environmental planning instrument, approved of the
(4) Where a Minister is responsible for the administration of a
regulatory instrument referred to in subsection (2), the approval of the
Governor for the purposes of subsection (3) shall not be recommended except
with the prior concurrence in writing of that
(5) A declaration in the environmental planning instrument as to the
approval of the Governor as referred to in subsection (3) or the concurrence
of a Minister as referred to in subsection (4) shall be prima facie evidence
of the approval or concurrence.