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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 20 February 2020 at 09:59) Current version
Part 17 Clause 286D
286D   Savings and transitional provisions: existing uses
(1)  Subject to subclause (2), the amendments to this Regulation made by the amending Regulation extend to and in respect of an existing use that was an existing use before the commencement of the amending Regulation (including a use that was taken to be an existing use for the purposes of the Act).
Note.
 Before the commencement of the Environmental Planning and Assessment Amendment (Existing Uses) Regulation 2006 clause 41 of this Regulation enabled an existing use to be changed to, among other uses, a use that would otherwise be prohibited under the Act and provided that a use to which an existing use was changed was itself taken to be an existing use.
(2)  The amendments to this Regulation made by the amending Regulation do not affect any:
(a)  application for development consent in respect of an existing use:
(i)  made before the commencement of the amending Regulation, or
(ii)  made on or after the commencement of the amending Regulation that relates to:
(A)  the use of a building, work or land if that application arises from, or is consequential to, a development consent for subdivision that was granted before the commencement of the amending Regulation (or after that commencement by virtue of the operation of this clause), or
(B)  the internal fitout, landscaping or other related development of a building, work or land if that application arises from, or is consequential to, a development consent relating to the building, work or land that was granted before the commencement of the amending Regulation (or after that commencement by virtue of the operation of this clause), or
(b)  a development consent or complying development certificate arising from an application referred to in paragraph (a), or
(c)  an application for a construction certificate or occupation certificate that is made in relation to a development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).
(3)  In this clause, amending Regulation means the Environmental Planning and Assessment Amendment (Existing Uses) Regulation 2006.