Environmental Planning and Assessment Regulation 2000
Historical version for 27 March 2009 to 30 April 2009 (accessed 3 June 2020 at 13:18) Current version
Schedule 7
Schedule 7 Savings and transitional provisions
(Clause 292)
Part 1 Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2008
1   Definitions
In this Part, amending Act means the Environmental Planning and Assessment Amendment Act 2008.
2   Costs payable if amended development application filed: section 97B of the Act
Section 97B of the Act does not apply to an appeal made before the commencement of that section.
3   Appointment of principal certifying authorities: section 109E of the Act
(1)  An amendment made to section 109E of the Act by the amending Act does not affect any appointment of a principal certifying authority made before the commencement of the amendment.
(2)  However, any such amendment applies in respect of any change of principal certifying authority made on or after the commencement of the amendment.
4   Applications for construction certificates, occupation certificates and subdivision certificates
(1)  Clause 139 (1A) of this Regulation (as inserted by the amending Act) does not apply to an application for a construction certificate made before the commencement of that subclause.
(2)  Clause 149 (2B) of this Regulation (as inserted by the amending Act) does not apply to an application for an occupation certificate made before the commencement of that subclause.
(3)  Clause 157 (2A) of this Regulation (as inserted by the amending Act) does not apply to an application for a subdivision certificate made before the commencement of that subclause.
5   Fees for building certificates
The provisions of clause 260 (3A)–(3C) of this Regulation (as inserted by the amending Act) do not apply to an application for a building certificate made under section 149B of the Act before the commencement of those provisions.
6   Strata certificates
(1)  Section 36A of the Strata Schemes (Freehold Development) Act 1973 (as inserted by the amending Act) does not apply to an application for a strata certificate made before the commencement of that section.
(2)  Section 65A of the Strata Schemes (Leasehold Development) Act 1986 (as inserted by the amending Act) does not apply to an application for a strata certificate made before the commencement of that section.
7   Existing independent hearing and assessment panels
Sections 75G, 75I, 75K, 75L, 75N, 75Q and 75X of the Act, and the provisions of any regulations made under or for the purposes of, or referring to, those provisions, as in force immediately before the repeal of section 75G by the amending Act, continue in force in relation to any panel established under section 75G immediately before that repeal.
8   Existing committees
Section 158 (f) of the Act, as in force before its repeal by the amending Act, continues to apply in respect of a member of a committee established under section 22 of the Act before that repeal.
9   Application of obligation to assist planning assessment panel
Section 118AD (2A) of the Act, as inserted by the amending Act, does not apply in respect of a direction given before the commencement of that provision by a panel established under Division 1AA of Part 6 of the Act.
10   Existing planning assessment panels
Division 1 of Part 16B of this Regulation applies to a panel in existence under Division 1AA of Part 6 of the Act immediately before the commencement of Schedule 2.2 [61] to the amending Act, despite any provision of an order establishing the panel.
11   Notification of commencement of certain building work and subdivision work
(1)  The amendment of section 81A (2) (c) of the Act by the amending Act does not apply to the erection of a building if the notice required by that paragraph in relation to the erection of the building had been given before the commencement of that amendment.
(2)  The amendment of section 81A (4) (c) of the Act by the amending Act does not apply to subdivision work if the notice required by that paragraph in relation to the subdivision work had been given before the commencement of that amendment.
(3)  The amendment of section 86 (1) (b) of the Act by the amending Act does not apply to the erection of a building if the notice required by that paragraph in relation to the erection of the building had been given before the commencement of that amendment.
(4)  The amendment of section 86 (2) (b) of the Act by the amending Act does not apply to subdivision work if the notice required by that paragraph in relation to the subdivision work had been given before the commencement of that amendment.
12   Action following investigation into council activities
Section 117B of the Act does not apply to an investigation under section 45 of the Building Professionals Act 2005 commenced before the commencement of section 117B.
13   Applications for complying development certificates
(1)  Clause 130AA, as inserted by the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009, does not apply to an application for a complying development certificate made but not determined before the commencement of that clause.
(2)  Clauses 130 (5) and (6) and 134 (1A), as inserted by the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009, apply to an application for a complying development certificate made but not determined before the commencement of the applicable subclause.
(3)  Any provision of a development control plan that requires public or particular advertising or notification of an application for a complying development certificate has no effect.
14   Section 121B orders
An order No 19 (as inserted by the amending Act) in the Table to section 121B of the Act may not be made in relation to building work or subdivision work that commenced before the commencement of that insertion.
15   Inspections
(1)  Clause 129B applies only to the issue of a complying development certificate for which an application was made after the commencement of that clause.
(2)  Clause 143B applies only to the issue of a construction certificate for which an application was made after the commencement of that clause.
(3)  An amendment made to clause 162A by the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009 does not apply in relation to building work for which the application for the relevant complying development certificate or construction certificate was made before the commencement of the amendment.
16   New time limits for referral of certain matters
(1)  The amendment made to clause 144 (2) by the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009 does not apply to an application for a construction certificate that was made before the commencement of the amendment.
(2)  The amendment made to clause 162B (2) by the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009 does not apply to a record in respect of an inspection that occurred before the commencement of the amendment.
(3)  An amendment made to clause 162C (4) or (5) by the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009 does not apply in respect of an inspection that was missed before the commencement of the amendment.