Environmental Planning and Assessment Act 1979 No 203
34 Environmental planning instruments—making, operation and inspection
(1) Expressions used in an environmental planning instrument shall, unless the contrary intention appears, have the same meanings respectively as they have in this Act.(2) Judicial notice shall be taken of an environmental planning instrument and of the date of its publication.(3) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an environmental planning instrument have been complied with and performed.(4) The amendment or the alteration, variation or repeal, whether in whole or in part, of any environmental planning instrument does not affect:(a) the previous operation of the instrument or anything duly suffered, done or commenced under the instrument,(b) any right, privilege, obligation or liability acquired, accrued or incurred under the instrument, orand any such investigation, legal proceedings or remedy may be instituted, continued and enforced as if the amendment, alteration, variation or repeal had not occurred.(c) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation or liability,(5) An environmental planning instrument shall:(a) be published in the Gazette, and(b) take effect on and from the date of publication or a later date specified in the instrument.(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 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 shall be available for public inspection, without charge, at:(a) the office of the council during ordinary office hours, and(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 in the Gazette notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published.(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.