Environmental Planning and Assessment Regulation 2000
Part 2 Environmental planning instruments
9 Joint regional planning panel—eligible relevant planning authority
For the purposes of Part 3 of the Act, a joint regional planning panel is prescribed under section 54 of the Act as a body that may be directed by the Minister to be the relevant planning authority for a proposed LEP.
10 Public authorities must concur in proposed reservation of land by LEP
A planning proposal for a proposed LEP may not contain a proposed reservation of land for a purpose referred to in section 26 (1) (c) of the Act unless the public authority that is to be designated for the purposes of section 27 of the Act as the authority required to acquire the land has notified the relevant planning authority of its concurrence to the reservation of the land for that purpose.
10A Notification when council does not support request to prepare planning proposal
When a council does not support a written request made to the council by a person for the preparation of a planning proposal under Part 3 of the Act, the council is required to notify the person as soon as practicable in writing that the proposal is not supported.
11 Fee payable for costs and expenses of studies etc by relevant planning authority
(1) The relevant planning authority may enter into an agreement with a person who requests the preparation of a planning proposal under Part 3 of the Act for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal.(2) The fee payable to the relevant planning authority for the payment of those costs and expenses is:(a) if the authority is a council—the fee set out or determined in accordance with the agreement, or(b) in any other case—an amount (not exceeding $25,000) determined by the authority to cover the costs and expenses reasonably incurred by the authority in undertaking the studies or other matters, or such greater amount as may be agreed in the particular case.(3) A fee payable by a person under this clause is due and payable at the time notified in writing to the person by the relevant planning authority.(4) If the relevant planning authority is the Commission or a regional panel, the functions of the relevant planning authority under this clause are exercisable by the Secretary.(5) A reference in this clause to an agreement includes a reference to an arrangement.
12 Continuation of former provisions for making LEPs
(1) In this clause:amending LEP means a LEP that (apart from provisions for citation, commencement, definitions, purpose, land to which it applies and similar ancillary provisions) contains only direct amendments to or repeals of other environmental planning instruments. Any other LEP is a principal LEP even if it also contains direct amendments to or repeals of other environmental planning instruments.former LEP plan-making provisions means the provisions of:(a) Part 3 of the Act and the regulations under the Act, and(b) Part 5 of the Heritage Act 1977, andrelating to the making of LEPs, as in force immediately before 1 July 2009 (the date of commencement of Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008).(c) sections 28 and 29 of the Local Government Act 1993,pending LEP means:(a) a draft principal LEP, if the Secretary was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, or(b) a draft amending LEP, if the Secretary was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, but only until 1 July 2010 (or if the Secretary had not issued a certificate under section 65 for public exhibition of the draft before 1 July 2009, until 1 January 2011).(2) The former LEP plan-making provisions continue to apply to the making of a pending LEP unless the Secretary notifies the council that they cease to apply. In that case, the Minister may, under clause 122 (2) of Schedule 6 to the Act, dispense with any conditions precedent to the making of the LEP (subject to compliance with such other requirements, if any, as are imposed by the Minister).(3) Despite subclause (2), section 25 of the Act, as in force immediately before 1 July 2009, does not continue to apply to the making of a pending LEP that is an amending LEP.(4) A pending LEP made under the former LEP plan-making provisions is taken to be a LEP made by the Minister under Division 4 of Part 3 of the Act, as amended by Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008.(5) In any Act or instrument, a reference in relation to a pending LEP:(a) to a planning proposal includes a reference to a draft local environmental plan, and(b) to community consultation includes a reference to the public exhibition of any such draft plan.
12A Operation of 2010 amending Regulation
(1) This clause applies to any pending LEP to which the former LEP plan-making provisions continue to apply because of clause 12, as amended by the Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010, but to which those provisions did not apply before the commencement of that Regulation.(2) For the purposes of the application of the former LEP plan-making provisions to a pending LEP to which this clause applies, any thing purporting to have been done or omitted before the commencement of that Regulation in accordance with the former LEP plan-making provisions in respect of the pending LEP is taken to have been done or omitted under and in accordance with the former LEP plan-making provisions.(3) The amendments to clause 12 made by the Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010 apply, but this clause does not apply, to the proposed local environmental plan relating to South Tralee submitted to the Secretary on or about 6 November 2009 by the Queanbeyan City Council.
13 Saving of previous threatened species consultation under section 34A
Any consultation undertaken in relation to a proposed environmental planning instrument before 1 July 2009 under section 34A of the Act, as in force immediately before that date, is (if the instrument is not made before that date) taken to be consultation undertaken under that section as in force after that date.
14 Saving of actions taken for preparation of SEPP
Anything done in relation to a proposed SEPP before 1 July 2009 under Division 2 of Part 3 of the Act, as in force immediately before that date, is (if the SEPP is not made before that date) taken to have been done under that Division as in force after that date.
15 REPs deemed to be SEPPs—interpretation
(1) A provision of a regional environmental plan that becomes a SEPP on 1 July 2009 does not prevail over any other environmental planning instrument because the plan becomes a SEPP on that date if it would not have prevailed over that instrument before that date.(2) A provision of a regional environmental plan that becomes a SEPP on 1 July 2009 does not have the same effect as a provision of a SEPP for the purposes of Part 3A of the Act if it would not have had that effect before 1 July 2009.
15A Transitional provision relating to affordable housing
Until the commencement of Part 5B of the Act (to be inserted by Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008), section 94F (3) (b) of the Act is to be construed as if the reference to a condition authorised to be imposed by a LEP (which before the commencement of Schedule 1 to that Act included a reference to a condition authorised to be imposed by a regional environmental plan) were a reference to a condition authorised to be imposed by a SEPP or a LEP.