Environmental Planning and Assessment Act 1979 No 203
34 Environmental planning instruments—making, operation
(5) An environmental planning instrument shall:
(a) be published on the NSW legislation website,
(b) commence on and from the date of publication or a later date
specified in the instrument.
(5A) Subsection (5) does not prevent an environmental planning
instrument from specifying different days for the commencement of different
provisions of the instrument.
(5B) Neither the whole nor any part of an environmental planning
instrument is invalid merely because the instrument is published on the NSW
legislation website after the day on which one or more of its provisions is
expressed to commence. In that case, the provisions concerned commence on and
from the day the instrument is published on the NSW legislation website,
instead of on and from the earlier day.
(6) A copy of every environmental planning instrument shall be
available for public inspection, without charge, at the office of the
Department during ordinary office hours.
(7) The Director-General shall furnish each council affected by an
environmental planning instrument with a copy of the instrument as soon as
practicable after it is made.
(8) A copy of each environmental planning instrument that has been
furnished to a council by the Director-General shall be available for public
inspection, without charge, at:
(a) the office of the council during ordinary office hours,
(b) such other premises operated or controlled by the council and at
such times as may be prescribed.
(9) An environmental planning instrument shall be deemed to have been
published on the NSW legislation website notwithstanding that any planning map
or other instrument or material referred to, embodied or incorporated in the
environmental planning instrument is not so
(10) A reference in subsections (6), (7) and (8) to a copy of an
environmental planning instrument includes a reference to any planning map or
other prescribed instrument or material referred to, embodied or incorporated
in the instrument.
Note. An environmental planning instrument is an instrument for the
purposes of the Interpretation Act
1987, and accordingly standard provisions under that Act
applying to statutory instruments apply to environmental planning