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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 1 March 2013 to 7 March 2013 (accessed 6 December 2019 at 14:20) Current version
Part 17 Clause 286C
286C   Transitional—species impact statements and determination of significant effect
(1)  An amendment made to section 110 (Content of species impact statement) of the Threatened Species Conservation Act 1995 by the Threatened Species Conservation Amendment Act 2002 does not apply to or in respect of a species impact statement:
(a)  that accompanies a development application lodged under Part 4 of the Act before or within 6 months after the commencement of the amendment, or
(b)  that is submitted to a determining authority in connection with a Part 5 approval if the application for that approval (or for any of the Part 5 approvals required for that activity if the activity requires more than one Part 5 approval) is made before or within 6 months after the commencement of the amendment, or
(c)  that is considered by a determining authority in connection with the carrying out of an activity by or on behalf of the determining authority if the determining authority makes its determination to carry out the activity (or to have it carried out on its behalf) before or within 6 months after the commencement of the amendment.
(2)  The substitution of section 5A (Significant effect on threatened species, populations or ecological communities, or their habitats) of the Environmental Planning and Assessment Act 1979 by the Threatened Species Conservation Amendment Act 2002 does not apply to or in respect of:
(a)  development that is the subject of a development application lodged under Part 4 of the Act before or within 6 months after the substitution of that section (but not so as to affect the application of that section as substituted in respect of any part or aspect of that development that is the subject of a subsequent development application lodged more than 6 months after the substitution of that section), or
(b)  an activity that is the subject of an application for a Part 5 approval made before or within 6 months after the substitution of that section, or
(c)  an activity carried out by or on behalf of a determining authority if the determining authority makes its determination to carry out the activity (or to have it carried out on its behalf) before or within 6 months after the substitution of that section.
(3)  Subclause (2) does not apply in the case of a development application or application for a Part 5 approval lodged or made within 6 months after the substitution of section 5A of the Environmental Planning and Assessment Act 1979 if the applicant advises the consent authority or determining authority in writing at the time of making or lodging the application that section 5A as substituted is to apply (in which case that section as substituted applies to and in respect of the development or activity concerned).
(4)  In this clause:
activity and determining authority have the same meanings as in Part 5 of the Act.
Part 5 approval means an approval of an activity by a determining authority that is required to enable the activity to be carried out.