Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 15 August 2020 at 12:28) Current version
Schedule 6
Schedule 6 Savings, transitional and other provisions
(Section 159)
Part 1 Preliminary
1   Savings and transitional regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
2   Performance-based conditions of consent
Section 91 (3B) extends to a condition imposed in the determination of a development application before the commencement of that subsection.
3   Determination of Crown development applications
Section 91A, as substituted by the Environmental Planning and Assessment (Amendment) Act 1994, applies to a development application made but not determined as at the date of commencement of Schedule 1 (3) to that Act.
4   References to joint and multiple owners and lessees of land
Section 4 (12), as inserted by the Environmental Planning and Assessment Amendment Act 1996, is taken to have commenced on 1 September 1980.
5   Instruments controlling advertising
Section 26 (1) (g), as inserted by the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments made, or in the course of preparation, before it was so inserted.
6   Relationship between instruments
Section 36, as inserted by the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments that took effect before that section was so inserted.
7   Amendment of draft instruments
Part 3, as amended by an item of Schedule 1 to the Environmental Planning and Assessment Amendment Act 1996, extends to environmental planning instruments in the course of preparation before that item commenced.
8   Preparation of draft regional environmental plans
Sections 41 and 45, as amended by an item of Schedule 2 to the Environmental Planning and Assessment Amendment Act 1996, apply only to environmental studies and draft regional environmental plans if their preparation commences after that item commences.
9   Joint exhibition of development application and draft environmental planning instrument
Division 4B of Part 3 extends to a development application made to a consent authority but not finally determined before the commencement of that Division.
10   Compliance with non-discretionary development standards
Section 90A extends to a development application made to a consent authority but not finally determined before the commencement of that section.
11   Date from which development consent operates
A date endorsed pursuant to section 92 on a notice and described on the notice as the “date of consent” is taken to be the date from which the consent becomes effective and operates, if the date was so endorsed before sections 92 (2) and 93 (1) were amended by the Environmental Planning and Assessment Amendment Act 1996.
12   Existing uses
Section 106 (b), as inserted by the Environmental Planning and Assessment Amendment Act 1996, is taken to have commenced on 1 September 1980.
13   Modification of approvals under Division 4 of Part 5
Division 4 of Part 5, as amended by an item of Schedule 4 to the Environmental Planning and Assessment Amendment Act 1996, extends to approvals granted by the Minister under that Division before the commencement of that item.
14   Minister’s consent for certain proceedings
Section 127, as amended by the Environmental Planning and Assessment Amendment Act 1996, extends to proceedings for offences alleged to have been committed before the commencement of Schedule 5 to that Act.
16   Application of section 145B to acts or omissions before commencement
Section 145B extends to anything done or omitted to be done before the commencement of Schedule 1 [1] to the Environmental Planning and Assessment Amendment (Contaminated Land) Act 1996 if:
(a)  the thing was done or omitted to be done substantially in accordance with planning guidelines relating to contaminated land published before that commencement, and
(b)  those guidelines were notified in a manner that, had section 145C been in force, would have complied with subsection (1) of that section (whether or not the notification complied with subsection (2) of that section).
17   Validation of role of certain concurrence authorities
Anything done or omitted to be done before the commencement of the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 that would have been valid if this Act, as amended by the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996, had been in force when the thing was done or omitted to be done is validated.
18   General saving
(1)  If anything done or commenced under a provision of this or any other Act that is amended or repealed by the Environmental Planning and Assessment Amendment Act 1997 has effect or is not completed immediately before the amendment or repeal of the provision and could have been done or commenced under a provision of such an Act if the provision had been in force when the thing was done or commenced:
(a)  the thing continues to have effect, or
(b)  the thing commenced may be completed.
(2)  This clause is subject to any express provision of this Act or the regulations on the matter.
19   Effect of other savings and transitional provisions
Regulations made as referred to in clause 1 as a consequence of the enactment of the Environmental Planning and Assessment Amendment Act 1997 may have effect despite the terms of any savings or transitional provisions contained in this or any other Act, if the regulations so provide.
20   Olympic Co-ordination Authority
A provision of an Act as in force immediately before the amendment or repeal of the provision by the Environmental Planning and Assessment Amendment Act 1997 continues to apply to and in respect of the Olympic Co-ordination Authority, and anything done or proposed to be done by or on behalf of the Olympic Co-ordination Authority, as if the provision had not been amended or repealed, subject to the regulations.