An Act to amend the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 so as to transfer provisions relating to certain local government functions from the one to the other; to make consequential amendments to other Acts; and for other purposes.

1   Name of Act

This Act is the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001.

2   Commencement

(1)  This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(2)  Schedule 3.3, and section 5 in its application to that item, commence on the date of assent to this Act.

3   Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

4   Amendment of Environmental Planning and Assessment Act 1979 No 203

The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 2.

5   (Repealed)

Schedule 1 Amendment of Local Government Act 1993

(Section 3)

[1]–[3]   (Repealed)

[4]   Section 68 What activities, generally, require the approval of the council?

Omit items 2 and 3 from Part A, and item 4 from Part F, of the Table to the section.

[5]–[16]   (Repealed)

Schedule 2 Amendment of Environmental Planning and Assessment Act 1979

(Section 4)

[1]   (Repealed)

[2]   Section 4 (2) (b) (v)

Omit “and”. Insert instead “or”.

[3]   Section 4 (2) (b) (vi)

Insert after section 4 (2) (b) (v):

  

(vi)  the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance), and

[4]   (Repealed)

[5]   Section 78A (3)

Omit “paragraph 1–5 or 10 of Part F”.

Insert instead “paragraph 1–3, 5 or 10 of Part F”.

[6]   (Repealed)

[7]–[10A]   (Repealed)

[10B]   Section 157 (1) (d3)

Insert after section 157 (1) (d2) (as inserted by item [10A]):

  

(d3)  domestic oil or solid fuel heating appliances (other than portable appliances), or

[11]–[15]   (Repealed)

Schedule 3 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 No 93. Minister’s second reading speech made: Legislative Assembly, 20.6.2001; Legislative Council, 13.11.2001. Assented to 6.12.2001. Date of commencement (sec 5, in its application to Sch 3.3, Sch 1 [4] to the extent that it omits item 4 from Part F of the Table to sec 68 of the Local Government Act 1993, Sch 2 [2] [3] [5] [6] [10B] [11]–[13] and Sch 3.3 excepted), 26.10.2007, sec 2 (1) and GG No 132 of 28.9.2007, p 7325; date of commencement of sec 5, in its application to Sch 3.3, and Sch 3.3, assent, sec 2 (2); date of commencement of Sch 1 [4] to the extent that it omits item 4 from Part F of the Table to sec 68 of the Local Government Act 1993 and Sch 2 [2] [3] [5] and [10B]: not in force; Sch 2 [6] was not commenced and was repealed by the Environmental Planning Legislation Amendment Act 2006 No 123; Sch 2 [11]–[13] were not commenced and were repealed by the Building Legislation Amendment (Quality of Construction) Act 2002 No 134. This Act has been amended as follows:

Table of amendments