Environmental Planning and Assessment Regulation 2000
Historical version for 5 August 2016 to 5 January 2017 (accessed 2 June 2020 at 06:46) 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.
21A   Compliance cost notices
A compliance cost notice may only be served on a person if the order to which it relates is given to the person on or after the commencement of section 121CA of the Act.
21A   References to section 76A (6)
In any Act, regulation, environmental planning instrument or other instrument, a reference to section 76A (6) of the Act is taken to be a reference to clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
21B   Transitional provisions for development consents for bush fire prone land
(1)  This clause applies to applications for development consent lodged before 25 February 2012.
(2)  The consent authority may grant development consent to development referred to in section 79BA (1) of the Act if it has consulted with the Commissioner of the NSW Rural Fire Service about development consents for bush fire prone land to ensure appropriate measures are taken with respect to development to protect persons, property and the environment from danger that may arise from a bush fire.
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.
Part 3 Provisions consequent on enactment of Planning Appeals Legislation Amendment Act 2010
23   (Repealed)
24   No review of modification decisions determined before 28 February 2011
Section 96AB of the Act does not apply in respect of an application for the modification of a development consent if that application was determined before the commencement of the Environmental Planning and Assessment Amendment (Planning Appeals) Regulation 2011.
25   Appeals by applicants—modifications
Section 96 (6) of the Act, as in force immediately before its substitution by the Planning Appeals Legislation Amendment Act 2010, continues to apply in respect of an application under section 96 or 96AA of the Act that was determined before 28 February 2011, and section 97AA of the Act does not apply.
26   Definition
In this Part:
27   General savings
This Regulation as in force immediately before its amendment by the amending regulation continues to apply to the following:
(a)  the determination of a development application made under Part 4 of the Act but not finally determined before the commencement of the amending Regulation,
(b)  the modification of a development application under Part 4 of the Act where the application for the modification has been made but not finally determined before the commencement of the amending Regulation,
(c)  the preparation or exhibition of an environmental impact statement if requirements of the Director-General were issued under clause 73 or 231 in respect of an environmental impact statement before the commencement of the amending Regulation.
28   Notice of determination of development application
The amendment made to clause 100 by the amending regulation does not apply in respect of a development application if, before the commencement of that amendment, the Minister had requested the Planning Assessment Commission to conduct a review in respect of the development application.
29   Deemed refusal of development applications
The amendments made to clause 113 (1) (a)–(c) by the amending regulation do not apply in respect of a development application that was made but not finally determined before the commencement of those amendments.
30   Planning Assessment Commission
The amendments made to Division 4 of Part 16B by the amending regulation do not apply to a review or public hearing requested by the Minister before the commencement of those amendments.
Part 5 Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2012
31   Compliance cost notices
Section 121CA (1) (c)–(e) of the Act, as inserted by the Environmental Planning and Assessment Amendment Act 2012, apply only in relation to an order given on or after 1 March 2013.
32   General savings
This Regulation, as in force immediately before its amendment by Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013, continues to apply to the determination of all applications for complying development certificates or construction certificates made, but not finally determined, before the commencement of the amending Regulation.
33   Staged application fees—State significant development and State significant infrastructure
(1)  In this clause:
completed staged application means a staged application in respect of which the concept component of that staged application, and all subsequent applications relating to the staged application, have been lodged and determined.
(2)  Expressions in this clause have the same meaning as they have in Division 1AA of Part 15 of this Regulation.
(3)  A fee under clause 256KA is payable in respect of the concept component of a staged application (other than a completed staged application) and is so payable regardless of whether the concept component of the staged application has been determined.
(4)  Clause 256D (3), as in force immediately before its repeal by the Environmental Planning and Assessment Amendment (Fees) Regulation 2015:
(a)  does not apply to or in respect of any application other than an application that is part of a completed staged application, and
(b)  cannot be relied on to reduce any fee payable in respect of an application that has not been determined before the repeal of that subclause.
Part 8 Provisions consequent on enactment of Environmental Planning and Assessment Amendment Act 2014
34   Definition
In this Part:
35   Delayed application of requirement for historical documents and alert facility
(1)  Section 158C (3) of the Act, as inserted by the amending Act, does not require the NSW planning database to maintain historical versions of documents or other material until 1 July 2016.
(2)  Section 158E (4) of the Act, as inserted by the amending Act, does not require the Secretary to establish an alert facility until 1 March 2016.
36   Existing investigations may continue
An investigation may be conducted under Division 1C of Part 6 of the Act in relation to a matter that arose before the commencement of that Division.
37   Existing requirements to furnish information imposed by council officers
(1)  Section 119M (1) of the Act does not apply to a failure to comply with an existing requirement to furnish information. Section 118N (1) (a) of the Act, as in force immediately before its repeal by the amending Act, continues to apply in such circumstance, as if it had not been repealed by the amending Act.
(2)  Section 119M (2) of the Act does not apply to the provision of information in response to an existing requirement to furnish information. Section 118N (1) (c) of the Act, as in force immediately before its repeal by the amending Act, continues to apply in such circumstance, as if it had not been repealed by the amending Act.
(3)  In this clause:
existing requirement to furnish information means a requirement to furnish information, or to answer a question (including by requiring attendance at a specified place at a specified time to answer a question), imposed on a person by a person authorised by a council under Division 1A of Part 6 of the Act (as in force immediately before its repeal by the amending Act) that has not been fully complied with before the commencement of section 119M of the Act.
38   Existing requirements to furnish information imposed by Departmental officers
(1)  Section 119M (1) of the Act does not apply to a failure to comply with an existing requirement to furnish information. Section 122T (1) of the Act, as in force immediately before its repeal by the amending Act, continues to apply in such circumstance, as if it had not been repealed by the amending Act.
(2)  Section 119M (2) of the Act does not apply to the provision of information in response to an existing requirement to furnish information. Section 122T (2) of the Act, as in force immediately before its repeal by the amending Act, continues to apply in such circumstance, as if it had not been repealed by the amending Act.
(3)  In this clause:
existing requirement to furnish information means a requirement to furnish information, or to answer a question (including by requiring attendance at a specified place at a specified time to answer a question), imposed on a person by a person authorised by the Department under Division 2C of Part 6 of the Act (as in force immediately before its repeal by the amending Act) that has not been fully complied with before the commencement of section 119M of the Act.
39   Existing authorised council investigation officers
(1)  For the purposes of the operation of Division 1C of Part 6 of the Act, persons who were authorised by a council under section 118A (1) of the Act immediately before the commencement of the Division are taken to be council investigation officers.
(2)  A written authority issued under section 118I (2) of the Act, that was in force immediately before the repeal of that subsection by the amending Act, is taken to be an identification card for the purposes of section 119B (4) of the Act.
40   Existing authorised departmental investigation officers
(1)  For the purposes of the operation of Division 1C of Part 6 of the Act, persons who were authorised officers appointed by the Secretary under section 122I (1) of the Act immediately before the commencement of the Division are taken to be departmental investigation officers.
(2)  An identification card issued under section 122I (3) of the Act, that was in force immediately before the repeal of that subsection by the amending Act, is taken to be an identification card for the purposes of section 119B (4) of the Act.
41   Enforcement of existing brothel closure orders by cessation of utilities
Section 121ZS of the Act, as in force immediately before it was substituted by the amending Act, continues to apply to proceedings instituted under that section before its substitution in relation to existing failures to comply with a brothel closure order.
42   Enforcement of existing orders to cease use as backpackers’ accommodation or boarding houses by cessation of utilities
Section 121ZS of the Act, as substituted by the amending Act, extends to a brothel closure order or an order to cease the use of premises as backpackers’ accommodation or a boarding house that was made before the date of substitution, but only where the failure to comply with the relevant order occurred after the date of substitution.
43   Alternative sentencing options in relation to existing proceedings
Section 126 (2A) of the Act, as inserted by the amending Act, extends to the power to make court orders in connection with offences in proceedings that have been instituted, but not finally disposed of, before the commencement of the subsection (including proceedings where the offence has been proven before the commencement of the subsection but where the offender has not yet been sentenced).
44   Construction of reference to maximum penalty relating to native vegetation
The reference to section 126 of the Environmental Planning and Assessment Act 1979 in section 12 (2) of the Native Vegetation Act 2003 is to be read as a reference to section 126 (1) of the Environmental Planning and Assessment Act 1979 as in force immediately before its repeal by the amending Act.
44A   Proceedings for offences
(1)  This clause applies if, before the substitution of section 127 (5A) of the Act by the Environmental Planning and Assessment Amendment Act 2014, evidence of an alleged offence against the Act or the regulations under the Act came to the attention of an authorised officer appointed under section 122I of the Act.
(2)  In any such case, the evidence is taken, for the purposes of section 127 (5A) of the Act, to have first come to the attention of an investigation officer when the evidence first came to the attention of the authorised officer.
45   Disclosure of existing political donations or gifts by persons associated with each other
(1)  Section 147 (8) of the Act, as substituted by the amending Act, applies to all reportable political donations and gifts made on and from 30 September 2015, whether the relevant planning application or relevant public submission was made before or after 30 September 2015.
(2)  To avoid doubt, section 147 (8) of the Act, as substituted by the amending Act, applies to all new relevant planning applications and relevant public submissions on and from 30 September 2015, including in relation to political donations and gifts made before 30 September 2015 but only during the period commencing 2 years before the relevant planning application or relevant planning submission is made.
46   Provision of false or misleading information in relation to an existing planning matter
Section 148B of the Act, as inserted by the amending Act, applies to all information provided by a person in connection with a planning matter on or after 30 September 2015, whether the information relates to an application or request made, or a consent, approval or certificate issued, before or after that date.
47   Assessment period for development applications for State significant development
The amendment made to clause 106 by the Environmental Planning and Assessment Amendment (Offences and Enforcement) Regulation 2015 does not apply in respect of a development application that was made but not finally determined before the commencement of that amendment.
48   Application of amendments relating to fire safety reports
(1)  If a certifying authority has forwarded to the Fire Commissioner the documents required by clause 144 before the commencement of the 2015 amendments and has not, on or before that commencement, determined the application for the construction certificate:
(a)  the certifying authority must not determine the application otherwise than in accordance with this clause, and
(b)  the certifying authority must notify the Fire Commissioner within 28 days that it has forwarded those documents and that the application for the construction certificate has not been determined, and
(c)  clause 144, as amended by the 2015 amendments, applies to the determination of the application for the construction certificate as if the date of the notification given under paragraph (b) were the document receipt date.
(2)  In this clause:
the 2015 amendments means the amendments made by the Environmental Planning and Assessment Amendment (Fire Safety Reports) Regulation 2015.
Part 11 Provisions consequent on enactment of Greater Sydney Commission Act 2015
49   Existing Ministerial delegations relating to making of LEPs for areas in Greater Sydney Region
Any delegation by the Minister of any of the Minister’s functions under Part 3 of the Act relating to the making of local environmental plans that apply to local government areas in the Greater Sydney Region, being a delegation in force immediately before 27 January 2016, is taken to be a delegation by the Greater Sydney Commission of those functions. Accordingly, a reference to the Minister in the instrument of any such existing delegation is taken to be a reference to the Greater Sydney Commission.
50   Continuation of existing LEP–making processes for areas in Greater Sydney Region
The Greater Sydney Commission may, on or after 27 January 2016, make a local environmental plan that applies to a local government area in the Greater Sydney Region even though the process under Part 3 of the Act for the preparation of the plan (including the preparation of the relevant planning proposal under section 55 of the Act and any community consultation under section 57 of the Act) was commenced, or occurred, before that date. For that purpose, anything done before that date by the Minister under Part 3 of the Act in connection with any such proposed plan is taken to have been done by the Greater Sydney Commission.
51   Existing directions under section 117 relating to planning proposals in Greater Sydney Region
Any direction given under section 117 of the Act before 27 January 2016 ceases to have effect on that date to the extent that the direction:
(a)  requires a relevant planning authority to give effect to the document entitled A Plan for Growing Sydney (as referred to in section 75AE (3) of the Act) in preparing a planning proposal under section 55 of the Act, or
(b)  imposes any obligation on a relevant planning authority that is inconsistent with the requirement under section 75AI (2) of the Act for the planning authority to give effect to certain strategic plans (as referred to in that subsection) in preparing a planning proposal.
52   Proceedings relating to validity of instruments
Despite any other provision of this Part, the Minister (or the Minister’s delegate) continues to be a party to any of the following legal proceedings in which the validity of an environmental planning instrument is questioned:
(a)  proceedings commenced but not completed before 27 January 2016,
(b)  proceedings commenced on or after that date relating to an instrument made before that date.
53   Existing applications
If a development application or an application for an occupation certificate is made before the commencement of the Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016 and the application has not been finally determined before that commencement, the application must be determined as if that Regulation had not been made.
54   Existing environmental impact statements
If a proponent has been notified of environmental assessment requirements by the Secretary under section 115Y (4) of the Act before the commencement of the Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016, any environmental impact statement prepared by or on behalf of the proponent for the purposes of the environmental assessment may be prepared as if that Regulation had not been made.