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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 25 April 2019 at 13:46)
3.28 Inconsistency between instruments
(cf previous s 36)
(1) In the event of an inconsistency between environmental planning instruments and unless otherwise provided:(a) there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and(b) (Repealed)(c) the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind.(2), (3) (Repealed)(4) Nothing in this section prevents an environmental planning instrument from being expressly amended by a later environmental planning instrument, of the same or a different kind, to provide for the way in which an inconsistency between them is to be resolved.