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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 5 April 2020 at 07:53) Current version
Part 3 Division 1 Section 26
26   Contents of environmental planning instruments
(1)  Without affecting the generality of section 24 or any other provision of this Act, an environmental planning instrument may make provision for or with respect to any of the following:
(a)  protecting, improving or utilising, to the best advantage, the environment,
(b)  controlling (whether by the imposing of development standards or otherwise) development,
(c)  reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993, a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974, a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section,
(d)    (Repealed)
(e)  protecting or preserving trees or vegetation,
(e1)  protecting and conserving native animals and plants, including threatened species, populations and ecological communities, and their habitats,
(f)  controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e),
(g)  controlling advertising,
(h)  such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act.
(2)  If land declared to be critical habitat is land to which an environmental planning instrument described in subsection (3) applies, the instrument must be amended as soon as practicable after the declaration to identify the land that is critical habitat.
(3)  The environmental planning instruments described in this subsection are regional environmental plans and local environmental plans that:
(a)  are principal instruments, as distinct from amending instruments (that is, principal instruments contain provisions apart from citation, commencement, a statement of their relationship with other instruments, a description, by reference or otherwise, of the land to which they apply and savings and transitional provisions), and
(b)  make provision for the development of land that is identified by a map or a description, and
(c)  are prepared or made before or after the commencement of Part 3 of the Threatened Species Conservation Act 1995.