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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 4 June 2010 to 1 July 2010 (accessed 29 January 2020 at 20:25) 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:
place of public entertainment has the same meaning as it had before the commencement of Schedule 5.1 [1] to the amending Act.
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.
17   Notification of determination of complying development certificates
On and from the commencement of the Environmental Planning and Assessment Amendment (Complying Development Certificates) Regulation 2009, notice is not required to be issued under clause 130 to the owner or occupier of land on which no dwelling is situated in relation to a determination to issue a complying development certificate that was made before that commencement.
18   Crown developments
(1)  Division 4 of Part 4 of the Act, as inserted by the amending Act, does not apply in respect of a development application, or an application to modify a development application, made by or on behalf of the Crown but not finally determined before the commencement of that Division.
(2)  The Act and this Regulation and section 57 (1A) of the Heritage Act 1977, as in force before the commencement of Division 4 of Part 4 of the Act, continue to apply in respect of a development application referred to in subclause (1).
(3)  Section 116H of the Act, as repealed by the amending Act, continues to have effect as if a reference in that section to “this Part” were a reference to Division 4 of Part 4 of the Act.
(4)  Subclause (3) ceases to have effect on the commencement of section 89C of the Act, as inserted by Schedule 2.1 [27] to the amending Act.
(5)  On the constitution of the Wagga Wagga Interim Joint Planning Panel and the Western Region Joint Planning Panel, a development application made by or on behalf of the Crown relating to land within a part of the State covered by those Panels that was referred to the Planning Assessment Commission under sections 23D (1) (d) and 89 of the Act, and not finally dealt with by the Commission, is to be dealt with by the applicable Panel instead of the Commission.
19   Existing planning assessment panels
(1)  This clause applies to planning assessment panels established under Division 1AA of Part 6 of the Act before the commencement of Division 3 of Part 2A of the Act.
(2)  A planning assessment panel may not exercise any consent authority functions of a council (the affected council) conferred on the planning assessment panel in respect of development if:
(a)  the development is of a class for which a regional panel is to exercise council functions as a consent authority, and
(b)  a regional panel has been constituted for the area of the affected council.
(3)  This clause does not apply in respect of any development application made but not finally determined before the commencement of this clause.
(4)  Despite subclause (3), this clause applies in respect of a development application that may be determined by the Wagga Wagga Interim Joint Planning Panel.
20   Section 121B Order No 13A
(1)  An order No 13A in the Table to section 121B (1) of the Act, in force before the omission of order No 13A by Schedule 5.1 [6] to the amending Act, continues to have effect, if the building concerned is used as an entertainment venue, subject to subclauses (2) and (3).
(2)  Any part of any such order that relates to a matter prescribed by Schedule 3A to this Regulation that is repealed by Environmental Planning and Assessment Amendment (Entertainment Venues) Regulation 2009 ceases to have effect.
(3)  If any such order is affected by subclause (2), enforcement action in respect of the order cannot be commenced or continued until the person to whom the order was given has been given notice of the content of the order as revised by subclause (2).
21   Section 121H Notice of proposed order No 13A
A notice under section 121H of the Act of a proposed order No 13A in the Table to section 121B (1) that was given before the omission of that order by Schedule 5.1 [6] to the amending Act ceases to have effect.
Part 2 Provisions consequent on enactment of Aboriginal Land Rights Amendment Act 2009
22   Application of amendments to existing development and project applications
The amendments made by the Aboriginal Land Rights Amendment Act 2009 do not apply to or in respect of an application of the following kind that was made, but not finally determined, before the commencement of that Act:
(a)  a development application,
(b)  an application for approval of a project under Part 3A of the Act,
(c)  an application to modify a development consent or project approval under Part 3A of the Act.