269 Notice of proposal to constitute development area
(cf clause 110 of EP&A Regulation 1994)
A notification under section 132 (4) of the Act of the Director-General’s proposal to include the whole or any part of a council’s area in a development area must be given by instrument in writing posted or delivered to the councils concerned.
270 Release areas under SEPP 59
(cf clause 110A of EP&A Regulation 1994)
(1) Pursuant to section 78A (1) of the Act, a person cannot apply to a consent authority for consent to carry out development on land zoned “Employment” or “Residential” under State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area unless the Minister has, in accordance with clause 11 of that Policy, declared the land to be, or to be part of, a release area.(2) Subclause (1) does not apply to development referred to in clause 271 (2) (d) or (e).(3) Subclause (1) does not apply to a development application that is, in the opinion of the consent authority, of a minor nature.
271 Precinct plans and section 94B contributions plans under SEPP 59
(cf clause 110B of EP&A Regulation 1994)
(1) Pursuant to section 80 (11) of the Act, a development application in respect of land within a Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area must not be determined by the consent authority unless the following plans have been prepared for the land:(a) a Precinct plan within the meaning of that Policy, and(b) a contributions plan under section 94B of the Act.(2) Despite subclause (1), a consent authority may dispense with the need for the plans referred to in that subclause if:(a) the development application is, in the opinion of the consent authority, of a minor nature, or(b) the development application relates to quarrying or associated activities within the Greystanes Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area, and the development the subject of the application will not, in the opinion of the consent authority, prevent the attainment of the zoning objectives under that Policy for the land, or(c) the developer has entered into an agreement with the consent authority that makes adequate provision with respect to the matters that may be the subject of those plans, or(d) the development application relates to land zoned “Employment” under State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area and the proposed development consists of:(i) the erection of a building or the carrying out of a work on the land for the purpose of any land use that was being lawfully carried out on the land immediately before the commencement of this Regulation, or(ii) the enlargement, expansion or intensification of any such land use, or(e) the development application relates to land zoned “Employment” under State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area and the proposed development consists of a subdivision:(i) that relates to a single lot that existed at the commencement of this Regulation, and(ii) that does not result in more than one additional lot being created, and(iii) that does not dedicate land as a public road, or(f) the development is in the St Bartholomews Precinct as shown by distinctive colouring on Sheet 3 of the map referred to in State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area.
272 Assessment fee for draft Precinct plans under SEPP 59
(cf clause 110C of EP&A Regulation 1994)
(1) If a draft Precinct plan in respect of land within a Precinct within the meaning of State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area is prepared by an owner or lessee of land within the Precinct, the owner or lessee must pay:(a) the relevant council an assessment fee determined by the council, and(b) if the relevant council fails or refuses to approve the draft Precinct plan, the Director-General an assessment fee determined by the Director-General.(2) The assessment fee must not exceed the reasonable cost to the relevant council, or to the Director-General and the Department, of assessing the draft Precinct plan, carrying out any associated studies and publicly exhibiting the draft Precinct plan.
273 Assessment and preparation fees for draft master plans under SEPP 56
(cf clause 110D of EP&A Regulation 1994)
(1) If a draft master plan in respect of land comprising the whole or part of a strategic foreshore site within the meaning of State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries is prepared by an owner or lessee of the land, the owner or lessee must pay:(a) the appropriate authority within the meaning of clause 21 of that Policy an assessment fee determined by the appropriate authority, and(b) if the relevant council has not adopted a draft master plan in relation to land described in Schedule 2 to that Policy within 3 months after the date on which the draft master plan was submitted to it for adoption, the Minister an assessment fee determined by the Minister.(2) If a draft master plan in respect of land comprising the whole or part of a strategic foreshore site within the meaning of State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries is prepared by the relevant council or the Director-General, the owner or lessee of the land, as specified by the relevant council or the Director-General, must pay the relevant council or the Director-General a preparation fee determined by the relevant council or the Director-General.(3) If there is more than one owner or lessee of the land to which the draft master plan referred to in subclause (2) applies, the preparation fee is to be apportioned between them according to the areas of land owned or leased by them.(4) An assessment fee or a preparation fee must not exceed the reasonable cost to the relevant council, or to the Director-General and the Department, of assessing or preparing the draft master plan, carrying out any associated studies and publicly exhibiting the draft master plan.
273A Assessment fee for draft master plans under SEPP 72
(1) If a draft master plan is prepared by or on behalf of the carrier of a telecommunications network project under Part 3 of State Environmental Planning Policy No 72—Linear Telecommunications Development—Broadband, the carrier must pay:(a) the relevant council an assessment fee determined by the council, and(b) if the relevant council fails or refuses to approve the draft master plan within 90 days after it was submitted to the council for adoption—the Director-General an assessment fee determined by the Director-General.(2) The assessment fee must not exceed the reasonable cost to the relevant council, or to the Director-General and the Department, of assessing the draft master plan, carrying out any associated studies and publicly exhibiting the draft master plan.
274 Release areas under SREP 30
(1) Pursuant to section 78A (1) of the Act, a person cannot apply to a consent authority for consent to carry out development on land zoned “Employment” or “Urban” under Sydney Regional Environmental Plan No 30—St Marys unless the Minister has, in accordance with clause 7 of that plan, declared the land, or land that includes the land, to be a release area.(2) Subclause (1) does not apply to development referred to in clause 20 (3) or (4) or 48 of Sydney Regional Environmental Plan No 30—St Marys.
274A Assessment fee for draft precinct plans under SREP 30
(1) If a draft precinct plan in respect of land within a precinct within the meaning of Sydney Regional Environmental Plan No 30—St Marys is prepared by an owner or lessee of land within the precinct, the owner or lessee must pay:(a) the relevant council an assessment fee determined by the council, and(b) if the relevant council fails or refuses to approve the draft precinct plan within 6 months after the date on which it was submitted to the council for adoption—the Director-General an assessment fee determined by the Director-General.(2) The assessment fee must not exceed the reasonable cost to the relevant council, or to the Director-General and the Department, of assessing the draft precinct plan, carrying out any associated studies and publicly exhibiting the draft precinct plan.
274B Assessment and preparation fees for master plans under SREP 26
(1) If a draft master plan required for land by Sydney Regional Environmental Plan No 26—City West is prepared and submitted to the Director-General by an owner or lessee of the land, the owner or lessee must pay the Director-General an assessment fee determined by the Director-General.(2) If any such draft master plan is prepared by the Director-General, the owner or lessee of the land, as specified by the Director-General, must pay the Director-General a preparation fee determined by the Director-General.(3) If there is more than one owner or lessee of the land to which a draft master plan prepared by the Director-General applies, the preparation fee is payable as apportioned between them by the Director-General.(4) An assessment fee or a preparation fee must not exceed the reasonable cost, to the Director-General and the Department, of assessing or preparing the draft master plan, carrying out any associated studies and publicly exhibiting the draft master plan.
275 Comprehensive development applications under Concord Planning Scheme Ordinance
(cf clause 110DC of EP&A Regulation 1994)
(1) This clause applies to land to which clause 61H of the Concord Planning Scheme Ordinance applies.(2) Pursuant to section 80 (11) of the Act, a development application for land within a development precinct (within the meaning of clause 61H of the Concord Planning Scheme Ordinance) must not be determined by the consent authority unless:(a) the application relates to the whole of the precinct, or(b) the application relates to part of the precinct for which there is in force:(i) a development control plan that provides comprehensive design criteria for the whole of the precinct, or(ii) an earlier development consent that relates to the whole of the precinct.(3) Subclause (2) does not apply to a development application that relates solely to the provision of public infrastructure, utility installations or public facilities, as referred to in clause 61H (5) (b) of the Concord Planning Scheme Ordinance.
(cf clause 110E of EP&A Regulation 1994)
For the purposes of the definition of public authority in section 4 (1) of the Act, a class 2 irrigation corporation established under the Irrigation Corporations Act 1994 is prescribed, but only so as to allow such a corporation to be a determining authority within the meaning of Part 5 of the Act.
278 Assessment of loan commitments of councils in development areas
(cf clause 111 of EP&A Regulation 1994)
(1) Any assessment to be made on a council under section 143 (1) of the Act is to be made in accordance with the following formula:
where:Contribution represents the amount to be contributed by the council.
Total assessment represents the total assessment for the development area, as referred to in section 143 (1) of the Act.
Rateable value of council represents the value shown in the statement given by the council in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of rateable land in the area or part of the area of the council.
Rateable value of all councils represents the total of the values shown in the statements given by all councils in the development area in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of all rateable land in the areas or parts of the areas of all such councils.
(2) The corporation is not obliged to notify a council of its intention to make an assessment, but (if an assessment is made) must serve notice of the assessment on each relevant council.(3) The notice must be served on or before 1 April before the financial year in which the assessed amount is to be paid.(4) For the purposes of section 143 (4) of the Act, the prescribed day is the day occurring 3 months after notice of the assessment is served on the council.
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279 What matters must be specified in a planning certificate?
(cf clause 112 of EP&A Regulation 1994)
The prescribed matters to be specified in a certificate under section 149 (2) of the Act are the matters set out in Schedule 4.
280 Application for building certificate
(cf clause 112A of EP&A Regulation 1994)
(1) An application for a building certificate in relation to the whole or a part of a building may be made to the council by:(a) the owner of the building or part or any other person having the owner’s consent to make the application, or(b) the purchaser under a contract for the sale of property, which comprises or includes the building or part, or the purchaser’s solicitor or agent, or(c) a public authority that has notified the owner of its intention to apply for the certificate.(2) An application must be accompanied by the fee payable under clause 260.(3) Despite subclause (1) (a), the consent in writing of the owner of the building or part is not required if the applicant is a public authority and the public authority has, before making the application, served a copy of the application on the owner.
281 Form of building certificate
A building certificate must contain the following information:(a) a description of the building or part of the building being certified (including the address of the building),(b) the date on which the building or part of the building was inspected,(c) a statement to the effect that the council is satisfied as to the matters specified in section 149D (1) of the Act,(d) a statement that describes the effect of the certificate in the same terms as, or in substantially similar terms to, section 149E of the Act,(e) the date on which the certificate is issued.
282 Director-General may certify certain documents
(cf clause 113 of EP&A Regulation 1994)
The Director-General is a prescribed officer for the certification of documents under section 150 (1) of the Act.
283 False or misleading statements
(cf clause 115 of EP&A Regulation 1994)
A person is guilty of an offence if the person makes any statement, knowing it to be false or misleading in an important respect, in or in connection with any document lodged with a consent authority or certifying authority for the purposes of the Act or this Regulation.
284 Penalty notice offences: section 127A
(cf clause 115A of EP&A Regulation 1994)
(1) For the purposes of section 127A of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 5 is a prescribed offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 4 of Schedule 5.(2) If the reference to a provision in Column 1 of Schedule 5 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.
(cf clause 115B of EP&A Regulation 1994)
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 5 is the IPB code set out in relation to the offence in Column 2 of Schedule 5, together with:(a) the text set out in relation to the offence in Column 3 of Schedule 5, or(b) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
286 Repeal, savings and transitional
(cf clause 116 of EP&A Regulation 1994)
(1) The Environmental Planning and Assessment Regulation 1994 is repealed.(2) Anything begun under a provision of the Environmental Planning and Assessment Regulation 1994 before the repeal of that Regulation may be continued and completed under that Regulation as if that Regulation had not been repealed.(3) Subject to subclause (2), anything done under a provision of the Environmental Planning and Assessment Regulation 1994 for which there is a corresponding provision in this Regulation (including anything arising under subclause (2)) is taken to have been done under the corresponding provision of this Regulation.