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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 19 November 2019 at 11:17)
Part 14 Division 10
Division 10 Special provisions relating to proprietors of registered non-government schools
244M   Definitions
In this Division—
activities for the purposes of an existing school means activities (within the meaning of Part 5 of the Act) for the purpose of development that is permitted without consent under clause 36 of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.
approved Code means a Code approved by the Minister under this Division.
244N   Approved Code must be complied with
(1)  An approved Code may make provision for or with respect to the exercise by a proprietor of a registered non-government school of its functions under section 5.5 of the Act in respect of activities for the purposes of an existing school.
(2)  An approved Code is not to apply to activities for the purposes of an existing school for which the proprietor is required under Part 5 of the Act to furnish or obtain an environmental impact statement.
(3)  Without limitation, an approved Code may include provision for or with respect to any of the matters listed in section 5.6 (2) of the Act.
(4)  An approved Code may specify the period for which the approved Code is in force.
(5)  The Minister may, by notice in writing to a proprietor of a registered non-government school, exempt a specified activity from the operation of an approved Code. An exemption may be made subject to conditions and may be revoked or varied at any time by notice in writing to the proprietor.
244O   Procedure for approval of Code
(1)  The Minister may approve a Code for the purposes of this Division and may vary or revoke an approved Code.
(2)  An approval of a Code, or a variation or revocation of an approved Code, takes effect when notice of it is published in the Gazette or on such later date as is specified in the approval, variation or revocation.
244P   Offences against specified approved Code
(1)  A proprietor of a registered non-government school must comply with the following requirements of the NSW Code of Practice for Part 5 Activities for registered non-government schools in respect of activities for the purposes of an existing school (other than an activity that is the subject of an exemption in relation to the proprietor under clause 244N (5))—
(a)  the mandatory requirements for consultation in clause 3.3.3 of the Code,
(b)  the mandatory requirements relating to assessment documentation in clause 3.4.1 of the Code,
(c)  the mandatory requirements relating to determination documentation in clause 3.5.1 of the Code,
(d)  the mandatory requirements relating to record keeping in clause 5.1 of the Code,
(e)  the mandatory requirements relating to public access to records in clause 5.2 of the Code,
(f)  the mandatory requirements relating to self-reporting of breaches of the Code in clause 6.2 of the Code,
(g)  the mandatory requirements relating to audits in clause 6.3.1 of the Code.
(2)  In this clause—
NSW Code of Practice for Part 5 Activities for registered non-government schools means the approved Code of that name, notice of the making of which was published in the Gazette on 1 September 2017.