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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 10:58)
Part 17
Part 17 Miscellaneous
269   Notice of proposal to constitute development area
(cf clause 110 of EP&A Regulation 1994)
A notification under section 7.38 (4) of the Act of the Planning Secretary’s proposal to include the whole or any part of a council’s area in a development area must be given by instrument in writing posted or delivered to the councils concerned.
270   Contributions plans for Western Sydney Employment Area
(1)  Pursuant to section 4.16 (11) of the Act, a development application in relation to any land zoned IN1 General Industrial under State Environmental Planning Policy (Western Sydney Employment Area) 2009 must not be determined by the consent authority unless a contributions plan under section 7.18 of the Act has been approved for the land to which the application relates.
(2)  Despite subclause (1), a consent authority may dispense with the need for a contributions plan referred to in that subclause if—
(a)  the development application is, in the opinion of the consent authority, of a minor nature, or
(b)  the developer has entered into an agreement with the consent authority with respect to the matters that may be the subject of a contributions plan.
270A   Contributions plans for Sydney Region Growth Centres
(1)  This clause applies to land within a residential, business or industrial zone, Zone E4 Environmental Living or Zone 1 Urban Development under a Precinct Plan in State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
(2)  Pursuant to section 4.16 (11) of the Act, a development application in relation to any land to which this clause applies must not be determined by the consent authority unless a contributions plan under section 7.18 of the Act, authorising the imposition of conditions under section 7.11 of the Act, is in force in relation to the land to which the application relates.
(3)  Despite subclause (2), a consent authority may dispense with the need for a contributions plan referred to in that subclause if—
(a)  the development application is, in the opinion of the consent authority, of a minor nature, or
(b)  the developer has entered into a planning agreement with a planning authority (within the meaning of section 7.1 of the Act) with respect to the matters that may be the subject of a contributions plan.
(4)  The application of this clause extends to a development application made to a consent authority but not finally determined before the commencement of this clause.
271–271B   (Repealed)
272   Planning for Bush Fire Protection
For the purposes of section 4.14 (1) (a) of the Act, the version of the document entitled Planning for Bush Fire Protection with ISBN 0 9751033 2 6 and dated December 2006 is prescribed.
273   Development excluded from application of requirements relating to bush fire prone land
(1)  Development comprising the erection, on land in an urban release area, of a building that is, or is ancillary to, a dual occupancy, dwelling house or secondary dwelling is excluded from the application of section 4.14 of the Act if—
(a)  the consent authority has been provided with a bush fire safety authority for the subdivision of the land that—
(i)  was in force on the date on which the development application for the development was duly lodged, and
(ii)  was issued no more than 5 years before that date, and
(b)  the consent authority is satisfied that the proposed development complies with standards (concerning setbacks, asset protection zones, provision of water supply or other matters) specified in the bush fire safety authority that are relevant to that development, and
(c)  the consent authority has been provided with a copy of a plan of subdivision that—
(i)  shows bush fire attack levels for the land, and
(ii)  contains a notation from the NSW Rural Fire Service showing that the plan was considered when the application for the bush fire safety authority was determined under the Rural Fires Act 1997, and
(iii)  accompanies a certificate (a post-subdivision bush fire attack level certificate) to the effect that, when the certificate was issued, the bush fire attack level of the part of the land on which the development is proposed to be carried out corresponded to the bush fire attack level shown on the plan and that part of the land was not in bush fire attack level–40 (BAL–40) or the flame zone (BAL–FZ).
(2)  The post-subdivision bush fire attack level certificate must—
(a)  specify the address and formal particulars of title of the land to which it relates, and
(b)  specify the date on which it was issued, and
(c)  contain identifying particulars of the bush fire safety authority, and
(d)  if the subdivision to which the bush fire safety authority relates required development consent—contain identifying particulars of that development consent (such as the name of the applicable consent authority or certifying authority, the date on which the consent was granted or issued and any registered number of the consent).
(3)  A post-subdivision bush fire attack level certificate may only be issued by the NSW Rural Fire Service or a recognised consultant.
(4)  If an application for a post-subdivision bush fire attack level certificate is made to the NSW Rural Fire Service, it must be accompanied by the fee determined by the NSW Rural Fire Service.
(5)  The maximum fee that the NSW Rural Fire Service may charge for the application is as follows—
(a)  if the application relates to a single lot or proposed lot—$500, or
(b)  if the application relates to 2 to 10 lots or proposed lots—$500, plus $300 for each lot or proposed lot exceeding 1 lot, or
(c)  if the application relates to 11 or more lots or proposed lots—$3,200, plus $150 for each lot or proposed lot exceeding 10 lots.
(6)  A recognised consultant must, within 7 days after issuing a post-subdivision bush fire attack level certificate, forward it to the Commissioner of the NSW Rural Fire Service.
(7)  The methodology for determining bush fire attack levels, for the purposes of this clause, is the methodology approved by the Commissioner of the NSW Rural Fire Service by notice published in the Gazette.
(8)  In this clause—
AS 3959—2009 means the Australian Standard AS 3959—2009, Construction of buildings in bushfire-prone areas.
bush fire attack level has the same meaning as in AS 3959—2009.
bush fire attack level–40 (BAL–40) and flame zone (BAL–FZ) have the same meanings as in Appendix G to AS 3959–2009.
Note.
 More information about bush fire attack levels, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (published by the NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in 2006.
bush fire safety authority has the same meaning as in Division 8 of Part 4 of the Rural Fires Act 1997.
dual occupancy, dwelling house and secondary dwelling have the same meanings as in the Standard Instrument.
recognised consultant means a person recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment.
urban release area means land that is shown as being within an urban release area on the series of maps marked “Bush Fire Planning—Urban Release Area Map” (approved by the Planning Secretary, by notice published in the Gazette, and held in the head office of the Department), as amended by the maps (or specified sheets of maps) that are—
(a)  approved by the Planning Secretary, by notice published in the Gazette, and
(b)  marked as specified in that notice, and
(c)  held in the head office of the Department.
273A   Bush fire prone land map
(1)  For the purposes of section 10.3 (2A) of the Act, the Commissioner of the NSW Rural Fire Service may review the designation of land on a bush fire prone land map, and revise the map accordingly, if the land is in an urban release area (within the meaning of clause 273) and the Commissioner is of the opinion that the map needs to be revised—
(a)  so that land on which the risk of bush fire is low is no longer recorded on the map as bush fire prone land, or
(b)  so that land on which the bush fire risk is not low is recorded on the map as bush fire prone land, or
(c)  to correct, or to record changes to, other information relating to land that is shown on the map.
(2)  For the purposes of forming an opinion under this clause, the Commissioner of the NSW Rural Fire Service may have regard to a post-subdivision bush fire attack level certificate applying in relation to the land or any other evidence that the Commissioner considers to be relevant.
274   Release areas under SREP 30
(1)  Pursuant to section 4.12 (1) of the Act, a person cannot apply to a consent authority for consent to carry out development on land zoned “Employment” or “Urban” under Sydney Regional Environmental Plan No 30—St Marys unless the Minister has, in accordance with clause 7 of that plan, declared the land, or land that includes the land, to be a release area.
(2)  Subclause (1) does not apply to development referred to in clause 20 (3) or (4) or 48 of Sydney Regional Environmental Plan No 30—St Marys.
274A, 274B   (Repealed)
275   Development assessment during precinct planning in North West and South West growth centres of Sydney Region
(1)  Terms and expressions used in this clause and clause 276 have the same meaning they have in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the Growth Centres SEPP).
(2)  Pursuant to section 4.12 (1) of the Act, a person cannot apply to a consent authority for consent to carry out development of a kind referred to in subclause (3) on land within a precinct of a growth centre that the Minister has declared under clause 276 to be released for urban development unless the application is accompanied by an assessment of the consistency of the proposed development with the relevant growth centre structure plan.
(3)  Subclause (2) applies to the carrying out of development (not being for a single residential dwelling)—
(a)  with a capital investment value of more than $500,000, or
(b)  in respect of an area of land of more than 2 hectares, or
(c)  that is a subdivision of land (being a subdivision that creates 2 or more lots).
(4)  This clause does not apply to land to which clause 17 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 does not apply.
Note.
 After the release of a precinct for urban development and the completion of the planning process for the precinct, detailed land use and other development controls for the land will be included in the Growth Centres SEPP. A draft of those detailed provisions placed on public exhibition will be a draft amending environmental planning instrument and, accordingly, will be required by section 79C of the Act to be taken into consideration by a consent authority in determining any development application relating to the land concerned.
275A   Development assessment in North and South East Wilton Precincts
(1)  For the purposes of section 4.12 of the Act, a person cannot apply to a consent authority for consent to carry out development on land within the North Wilton Precinct or the South East Wilton Precinct unless the application is accompanied by an assessment of the consistency of the proposed development with the relevant structure plans.
(2)  In this clause—
North Wilton Precinct and South East Wilton Precinct have the same meanings as in State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
relevant structure plans means—
(a)  in relation to the North Wilton Precinct—the North Wilton structure plans within the meaning of Appendix 15 (North Wilton Precinct Plan) to State Environmental Planning Policy (Sydney Region Growth Centres) 2006, and
(b)  in relation to the South East Wilton Precinct—the South East Wilton structure plans within the meaning of Appendix 14 (South East Wilton Precinct Plan) to State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
276   Growth Centres SEPP—release of precinct for urban development and planning process for the precinct
(1)  The Minister may, for the purposes of the Growth Centres SEPP, declare any precinct (or part of a precinct) to be released for urban development. The declaration is to be published in the Gazette and in such other manner as the Minister determines.
Editorial note.
 For declarations under this subclause, see Gazettes No 1 of 5.1.2007, p 4; No 76 of 27.6.2008, p 6368; No 13 of 16.1.2009, p 331; No 50 of 6.3.2009, p 1318; No 152 of 23.10.2009, p 5479; No 105 of 20.8.2010, p 3919; No 79 of 5.8.2011, p 5130; No 124 of 23.11.2012, p 4808; No 57 of 10.5.2013, p 1662; No 97 of 2.8.2013, p 3613; No 76 of 12.9.2014, p 3053; No 88 of 9.10.2015, p 3180; No 70 of 2.9.2016, p 2383; No 56 of 26.5.2017, p 1782 and No 126 of 24.11.2017, p 7207.
(2)  The Minister is to make arrangements for the preparation of a development code that provides guidelines (in conjunction with the relevant growth centre structure plan) to assist environmental planning in precincts released for urban development.
(3)  The Minister is to consult—
(a)  relevant councils about the making of declarations under this clause, and
(b)  relevant councils and such public authorities as the Minister considers appropriate about the making of arrangements under this clause.
277   Public authorities
(1)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, Australian Rail Track Corporation Ltd is prescribed, but only so as—
(a)  to enable the corporation to be treated as a public authority within the meaning of Part 3A of the Act in relation to development for the purposes of rail and related transport facilities that is declared to be a project to which Part 3A applies under State Environmental Planning Policy (Major Development) 2005, and
(b)  to allow the corporation to be a determining authority within the meaning of Part 5 of the Act for—
(i)  development for the purposes of rail infrastructure facilities, development in or adjacent to rail corridors and development for prescribed railways or railway projects that is permitted without consent by a public authority under State Environmental Planning Policy (Infrastructure) 2007, and
(ii)  any other development for the purposes of rail infrastructure facilities and development in or adjacent to rail corridors within the meaning of that Policy that is permitted without consent under any other environmental planning instrument.
(2)    (Repealed)
(3)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, a Port Operator (within the meaning of State Environmental Planning Policy (Three Ports) 2013) is prescribed, but only so as to allow the Port Operator to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent under that Policy on unzoned land or land in the Lease Area (within the meaning of that Policy) of the port concerned.
(4)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, the following universities are prescribed, but only so as to allow each university to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent on land vested in, leased by or otherwise under the control or management of the university, under a provision of State Environmental Planning Policy (Infrastructure) 2007 or State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017
(a)  Charles Sturt University,
(b)  Macquarie University,
(c)  Southern Cross University,
(d)  University of New England,
(e)  University of New South Wales,
(f)  University of Newcastle,
(g)  University of Sydney,
(h)  University of Technology Sydney,
(i)  Western Sydney University,
(j)  University of Wollongong.
(5)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015 is prescribed, but only so as to allow the authorised network operator to be a determining authority within the meaning of Part 5 of the Act for development for the purposes of an electricity transmission or distribution network (within the meaning of State Environmental Planning Policy (Infrastructure) 2007) operated or to be operated by the authorised network operator and that is—
(a)  permitted without consent by a public authority under that Policy, or
(b)  permitted without consent under any other environmental planning instrument.
(6)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, the proprietor of a registered non-government school is prescribed as a public authority (subject to subclause (7)), but only so as—
(a)  to enable the proprietor to be treated as a public authority in relation to development in connection with the school that is exempt development under clause 18 of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, and
(b)  to allow the proprietor to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent under clause 36 of that Policy on land in a prescribed zone (within the meaning of clause 33 of that Policy).
(7)  Subclause (6) does not apply to a proprietor of a registered non-government school that the Planning Secretary determines is a school to which that subclause does not apply.
(8)  The Planning Secretary may vary or revoke a determination under subclause (7).
(9)  A determination under subclause (7), or a variation or revocation of a determination, takes effect when notice of it is published in the Gazette or on such later date as is specified in the determination, variation or revocation.
(10)  For the purpose of the definition of public authority in section 1.4 (1) of the Act, the Regulatory Authority for New South Wales under the Children (Education and Care Services) National Law (NSW) (as declared by section 9 of the Children (Education and Care Services National Law Application) Act 2010) is prescribed as a public authority, but only for the purposes of section 3.18 (2) of the Act.
Note.
 Section 3.18 (2) of the Act allows an environmental planning instrument to provide that a development application must not be determined by the granting of consent except with the concurrence of a Minister or public authority specified in the instrument.
(11)  To avoid doubt, a Minister of the Government of New South Wales is, for the purposes of the definition of public authority in section 1.4 (1) of the Act, prescribed as a public authority in relation to section 4.5 (c) of the Act.
278   Assessment of loan commitments of councils in development areas
(cf clause 111 of EP&A Regulation 1994)
(1)  Any assessment to be made on a council under section 7.42 (1) of the Act is to be made in accordance with the following formula—
 
where—
Contribution represents the amount to be contributed by the council.
Total assessment represents the total assessment for the development area, as referred to in section 7.42 (1) of the Act.
Rateable value of council represents the value shown in the statement given by the council in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of rateable land in the area or part of the area of the council.
Rateable value of all councils represents the total of the values shown in the statements given by all councils in the development area in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of all rateable land in the areas or parts of the areas of all such councils.
(2)  The corporation is not obliged to notify a council of its intention to make an assessment, but (if an assessment is made) must serve notice of the assessment on each relevant council.
(3)  The notice must be served on or before 1 April before the financial year in which the assessed amount is to be paid.
(4)  For the purposes of section 7.42 (4) of the Act, the prescribed day is the day occurring 3 months after notice of the assessment is served on the council.
279   What matters must be specified in a planning certificate?
(cf clause 112 of EP&A Regulation 1994)
(1)  The prescribed matters to be specified in a certificate under section 10.7 (2) of the Act are the matters set out in Schedule 4.
(2)  A certificate under section 10.7 (2) of the Act may be issued containing only the information set out in clause 3 of Schedule 4.
280   Application for building certificate
(cf clause 112A of EP&A Regulation 1994)
(1)  An application for a building certificate in relation to the whole or a part of a building may be made to the council by—
(a)  the owner of the building or part or any other person having the owner’s consent to make the application, or
(b)  the purchaser under a contract for the sale of property, which comprises or includes the building or part, or the purchaser’s solicitor or agent, or
(c)  a public authority that has notified the owner of its intention to apply for the certificate.
(2)  An application must be accompanied by the fee payable under clause 260.
(3)  Despite subclause (1) (a), the consent in writing of the owner of the building or part is not required if the applicant is a public authority and the public authority has, before making the application, served a copy of the application on the owner.
281   Form of building certificate
A building certificate must contain the following information—
(a)  a description of the building or part of the building being certified (including the address of the building),
(b)  the date on which the building or part of the building was inspected,
(c)  a statement to the effect that the council is satisfied as to the matters specified in section 6.25 (1) of the Act,
(d)  a statement that describes the effect of the certificate in the same terms as, or in substantially similar terms to, section 6.25 of the Act,
(e)  the date on which the certificate is issued.
281A   Notice of orders under Schedule 5 to the Act
(1)  If a consent authority (other than a council) proposes to give an order under Division 2A of Part 6 of the Act in relation to building work or subdivision work for which the consent authority is not the principal certifying authority, the consent authority must give the principal certifying authority notice of its intention to give the order.
(2)  A notice required to be given under subclause (1) by a consent authority or under clause 9 (2) of Schedule 5 to the Act by a council must be given within 7 days after the notice of intention to give the order concerned is given under section 121H (1) of the Act.
281B   Form of compliance cost notices
(1)  For the purposes of clause 37 (6) (b) of Schedule 5 to the Act, a compliance cost notice must contain the following—
(a)  details of the development to which the notice relates (including the address of the development),
(b)  the name of the person to whom the notice is issued,
(c)  the amount required to be paid under the notice,
(d)  the period within which the amount is to be paid,
(e)  the person to whom payment is to be made,
(f)  the method by which payment is to be made,
(g)  details of the costs and expenses claimed under the notice, including details of the relevant tasks undertaken, the hours spent completing those tasks, the relevant salary rates of the persons who have undertaken those tasks and any relevant out of pocket expenses,
(h)  information setting out how a person may appeal against the notice under section 8.24 of the Act,
(i)  details of the action that may be taken against a person to recover the amount specified in the notice if it is not paid before the end of the period allowed for payment.
(2)  The notice must be accompanied by a copy of the order to which the notice relates.
281C   Compliance cost notices—maximum amounts that may be required to be paid
(1)  The maximum amount that may be required to be paid under a compliance cost notice in respect of any costs or expenses relating to an investigation that leads to the giving of an order is $1,000.
(2)  The maximum amount that may be required to be paid under a compliance cost notice in respect of any costs or expenses relating to the preparation or serving of the notice of the intention to give an order is $500.
282   Planning Secretary may certify certain documents
(cf clause 113 of EP&A Regulation 1994)
The Planning Secretary is a prescribed officer for the certification of documents under section 10.8 (1) of the Act.
283   (Repealed)
283A   Offences against this Regulation
(1)  In this clause—
offence provision means a provision of this Regulation that is prescribed in Schedule 5 as a penalty notice offence in relation to an offence under this clause.
(2)  A person who contravenes an offence provision is guilty of an offence.
Maximum penalty: $110,000.
284   Penalty notice offences
(cf clause 115A of EP&A Regulation 1994)
(1)  For the purposes of section 9.58 of the Act—
(a)  each offence created by a provision specified in Column 1 of Schedule 5 is a prescribed offence, and
(b)  the prescribed penalty for such an offence is the amount specified in—
(i)  if the person alleged to have committed the offence is an individual—Column 2 of Schedule 5, or
(ii)  if the person alleged to have committed the offence is a corporation—Column 3 of Schedule 5.
(2)  If the reference to a provision in Column 1 of Schedule 5 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.
(3)  The following persons are declared to be authorised persons for the purposes of section 9.58 of the Act—
(a)  any person who is generally or specially authorised by the Minister to be an authorised person for those purposes,
(b)  any person (including a person employed in the Department) who is generally or specially authorised by the Planning Secretary to be an authorised person for those purposes,
(c)  any person (including an employee of a council) who is generally or specially authorised by a council to be an authorised person for those purposes,
(d)  any police officer,
(e)  any authorised fire officer (being an authorised fire officer within the meaning of section 9.35 (1) (d) of the Act).
(4)  Despite subclause (3), only the persons referred to in subclause (3) (a) and (b) are declared to be authorised persons for the purposes of section 9.58 of the Act for the following offences—
(a)  an offence under the Act in relation to a contravention of section 109D (2) or (3), 109E (3) (d), 109F (1) (b), 109H (3) (a) or (b), (4) (a), (5) (a) or (b) or (6) (a), 109J (1) (a), (b), (e), (f) or (g), or (2) (a), 5.14 (1) or (2) or 10.4 (11), or
(b)  an offence under clause 283A in relation to a contravention of clause 126 (2), 130 (3) or (4), 134 (1), (2) or (2A), 138 (1), (2) or (3), 142 (1) or (2), 143A (2), 144 (2), (5), (6) or (7), 146, 147 (1) or (2), 151 (1) or (2), 152 (3), 153 (1) or (2), 154A (2), 154B (2), 154C (1), 155 (1) or (2), 157 (5), 160 (1) or (2), 162 (1), 162B (1) or (2), 162C (4) or (5) (a) or (b), 227A (2) or 244P (1) (d).
(5)  Despite subclause (3), an authorised fire officer is declared to be an authorised person for the purposes of section 9.58 of the Act only in respect of the following—
(a)  an offence under section 9.37 of the Act in relation to a contravention of an order under Part 2 of Schedule 5 to the Act, where the order was given by an authorised fire officer,
(b)  an offence under clause 283A in relation to a contravention of clause 183 (1), 184 (a), (b) or (c), 185 (b), 186 (a), (b) or (c), 186S or 186T,
(c)  an offence referred to in section 6.34 of the Act in relation to a contravention of clause 186A (2), (3), (4), (5) or (6), 186AA (2) or 186C (1) or (1A).
285   Enforcement of orders by cessation of utilities
(1)  For the purposes of clause 35 (1) (b) of Schedule 5 to the Act, backpackers’ accommodation and boarding houses are prescribed.
(2)  For the purposes of clause 35 (10) of Schedule 5 to the Act, the making of utilities orders for premises used as boarding houses is authorised.
(3)  In this clause, backpackers’ accommodation and boarding house have the same meaning as they have in the Standard Instrument.
285A   Modification of Part 8.3 of the Protection of the Environment Operations Act 1997
For the purposes of section 9.56 (2A) of the Act, Part 8.3 (Court orders in connection with offences) of the Protection of the Environment Operations Act 1997 applies subject to the following modifications—
(a)  references in that Part to preventing, controlling, abating or mitigating any harm to the environment caused by the commission of the offence are taken to include a reference to reversing or rectifying any unlawful development or activity related to the commission of the offence,
(b)  the terms environment and public authority, when used in that Part, have the same meaning as they have in the Environmental Planning and Assessment Act 1979,
(c)  references in that Part to a “regulatory authority” or “the EPA” are to be read as references to a “public authority”,
(d)  the reference to the Environment Trust established under the Environmental Trust Act 1998 in section 250 (1) (e) is to be disregarded,
(e)  the maximum penalty for an offence under section 251 of failing to comply with an order is—
(i)  in the case of a corporation—“$50,000”, and
(ii)  in the case of an individual—“$10,000”.
285B   Provision of false or misleading information in connection with a planning matter
(1)  The matters specified in this clause are declared to be the provision of information in connection with a planning matter for the purposes of section 10.6 of the Act.
(2)  The provision of information in response to a requirement imposed by any of the following conditions (except a condition imposed under section 9.40 of the Act)—
(a)  a condition of development consent,
(b)  a condition of an approval to carry out a project that is a transitional Part 3A project (as defined in clause 2 of Schedule 2 to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017),
(c)  a condition of an approval to carry out State significant infrastructure under Division 5.2 of the Act.
(3)  The provision of information in or for the purposes of a submission in response to the public exhibition of any of the following documents—
(a)  a draft strategic plan,
(b)  a planning proposal,
(c)  an environmental impact statement,
(d)  a development application, an application for approval to carry out State significant infrastructure or any request or application to modify or amend an approval or development consent,
(e)  any other plan, policy, strategy or document publicly exhibited for a planning purpose by the Department or a local council.
286   Repeal, savings and transitional
(cf clause 116 of EP&A Regulation 1994)
(1)  The Environmental Planning and Assessment Regulation 1994 is repealed.
(2)  Anything begun under a provision of the Environmental Planning and Assessment Regulation 1994 before the repeal of that Regulation may be continued and completed under that Regulation as if that Regulation had not been repealed.
(3)  Subject to subclause (2), anything done under a provision of the Environmental Planning and Assessment Regulation 1994 for which there is a corresponding provision in this Regulation (including anything arising under subclause (2)) is taken to have been done under the corresponding provision of this Regulation.
(4)  Any instrument (including a schedule attached to a building approval or to a fire safety order) in force under the Environmental Planning and Assessment Regulation 1994 immediately before its repeal is taken to have been issued under this Regulation, and may be amended or revoked accordingly.
286A   Savings and transitional provisions: staged introduction of scheme
(1)  The amendments to this Regulation made by the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 do not apply to—
(a)  a development application, or application for a complying development certificate, that has been made before 1 July 2004, or
(b)  a development application, or application for a complying development certificate that is made on or after 1 July 2004, but before 1 January 2005, in relation to a building to be constructed—
(i)  pursuant to a building agreement entered into before 1 July 2004, or
(ii)  pursuant to a building agreement entered into on or after 1 July 2004 as a consequence of an offer made, or deposit paid, before 1 July 2004, or
(c)  a development consent or complying development certificate arising from an application referred to in paragraph (a) or (b), or
(d)  an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a) or (b).
(2)  The amendments to this Regulation made by the regulation referred to in subclause (1) do not apply, in relation to land outside the initial BASIX area, to—
(a)  a development application, or application for a complying development certificate, that has been made before 1 July 2005, 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 development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).
(3)  The amendments to this Regulation made by the Environmental Planning and Assessment Further Amendment (Building Sustainability Index: BASIX) Regulation 2005 do not apply to—
(a)  a development application, or application for a complying development certificate, that has been made before 1 October 2005, 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 development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).
(4)  The amendments to this Regulation made by the Environmental Planning and Assessment Further Amendment (Building Sustainability Index: BASIX) Regulation 2006 do not apply to—
(a)  a development application, or application for a complying development certificate, that has been made before 1 October 2006, 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 development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).
286AA   Savings and transitional provision: introduction of BASIX completion receipt
The amendments to this Regulation made by the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2006 apply only in respect of the issuing of a final occupation certificate for a BASIX affected building, or for part of such a building, on or after 1 July 2006.
Note.
 An existing building may become a BASIX affected building by a change of building use. Under the Act, a final occupation certificate can be issued to authorise a person to commence a new use of an existing building resulting from a change of building use.
286B   Savings and transitional provision: changes to development contributions scheme
Section 93E (2) of the Act, as inserted by the Environmental Planning and Assessment Amendment (Development Contributions) Act 2005, extends to money paid under Division 6 of Part 4 of the Act before its substitution by that Act.
286C   (Repealed)
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.
287   Special provisions relating to ski resort areas
Schedule 6 has effect.
288   Special provision relating to Sydney Opera House
(1)  To the extent that any development that is to be carried out at the Sydney Opera House is development to which Part 4 of the Act applies, the provisions of the Management Plan for the Sydney Opera House are prescribed for the purposes of section 4.15 (1) (a) (iv) of the Act as a matter that must be taken into consideration by the consent authority in determining a development application in respect of that development.
(2)  To the extent that any development that is to be carried out at the Sydney Opera House is a project to which Part 3A of the Act applies, the Planning Secretary’s report under section 75I of the Act in relation to the project must include—
(a)  the provisions of the Management Plan for the Sydney Opera House that are relevant to the carrying out of the development, and
(b)  advice as to the extent to which the project is consistent with the objectives of that Management Plan.
Note.
 Section 75J (2) of the Act requires the Minister to consider the Planning Secretary’s report (and the reports, advice and recommendations contained in it) when deciding whether or not to approve the carrying out of a project.
(3)  In this clause—
Management Plan for the Sydney Opera House means the management plan that relates to Sydney Opera House that has been approved by the Minister administering the Sydney Opera House Trust Act 1961 and published in the Gazette.
Sydney Opera House means the land identified on Map 1 to Schedule 3 to State Environmental Planning Policy (Major Development) 2005.
288A   Special provision for major events
(1)  This clause applies to the XI Federation of International Polo World Polo Championship Sydney 2017, which is declared to be a major event under the Major Events Act 2009.
Note.
 See clause 6 of the Major Events Regulation 2017, which declares the XI Federation of International Polo World Polo Championship Sydney 2017 to be a major event and specifies that the declaration is in force from 9 October 2017 until 5 November 2017.
(2)  Development for the purposes of a major event to which this clause applies during the period for which the declaration of the major event is in force—
(a)  is not development for the purposes of the definition of development in section 4 (1) of the Act, and
(b)  is not an activity for the purposes of paragraph (k) of the definition of activity in section 110 (1) of the Act.
(3)  Subclause (2) extends to car parking required by, or associated with, the major event referred to in subclause (1) on the contingency parking site.
(4)  In this clause, contingency parking site means the land shown edged heavy black on the XI FIP World Polo Championship Contingency Parking Site Map.
(5)  A reference in this clause to a named map is a reference to a map of that name in force on the commencement of this clause and held in the Department of Planning and Environment.
289   Miscellaneous savings and transitional provisions: 2005 Amending Act
(1)  In this clause and clause 289A—
(2) Adoption of model provisions An environmental planning instrument made after the commencement of the repeal of section 33 of the Act by Schedule 2 to the 2005 Amending Act (but initiated before that commencement) may, despite the repeal of that section, adopt model provisions made under that section as in force immediately before its repeal. Accordingly, those model provisions continue in force for the purposes of any environmental planning instrument that adopts them and clause 93 (2) of Schedule 6 to the Act extends to those provisions.
(3)  For the purposes of subclause (2), an environmental planning instrument is taken to have been initiated if the relevant council (or the Planning Secretary, as the case requires) has resolved to make the instrument.
(4) Pending development control plans Clause 94 (1) of Schedule 6 to the Act extends to a development control plan that was approved before 30 September 2005 but did not take effect until after that date.
(5), (5A)    (Repealed)
(6) Existing section 117 (2) directions continue to apply to draft plans Despite clause 96 (2) of Schedule 6 to the Act, a direction given under section 117 (2) of the Act before the commencement of Schedule 2 to the 2005 Amending Act continues in force in relation to a draft local environmental plan only if the draft plan—
(a)  is submitted to the Planning Secretary under section 68 (4) of the Act before 31 December 2006, or
(b)  is the subject of a report under section 69 of the Act that is furnished before that date.
(7) Master plans under epis made before 31 December 2005 A reference in clause 95 (2) of Schedule 6 to the Act to a provision of an environmental planning instrument that requires, before the grant of development consent, a master plan for the land concerned extends to a provision of that kind in an environmental planning instrument that is made before 31 December 2005.
289A   Transitional provisions relating to development control plans
(1)  This clause applies to a development control plan—
(a)  that was made before 30 September 2005 and in force immediately before that date, or
(b)  that was approved before 30 September 2005 (but did not take effect until after that date), or
(c)  that is approved after 30 September 2005 (regardless of when it takes effect).
(2)  Section 74C of the Act (as inserted by the 2005 Amending Act) does not render invalid any provision of a development control plan to which this clause applies until—
(a)  the principal local environmental planning instrument applying to the land to which the development control plan applies adopts the provisions of a standard instrument as referred to in section 33A of the Act, or
(b)  in the case of a provision that is not inconsistent with, and capable of operating in conjunction with, the principal local environmental planning instrument—6 months after that day.
(3)  This clause has effect despite clause 94 (2) of Schedule 6 to the Act.
290   Savings and transitional provision: references to “comprehensive development applications”
(1)  A reference in an environmental planning instrument to a comprehensive development application (as referred to in clause 92A immediately before the repeal of that clause by the Environmental Planning and Assessment Amendment (Planning Instruments and Development Consents) Regulation 2005) is taken to be a reference to a staged development application within the meaning of the Act.
(2)  Section 83C (1) of the Act does not apply to any provision of an environmental planning instrument (as in force as at the commencement of this clause) that requires the making of a comprehensive development application that is taken to be a staged development application.
291   Savings and transitional provisions
(1)  Clause 130 (2A) applies to a complying development certificate only if the application for the certificate was made after 1 March 2008.
(2)  Clause 144A applies to a construction certificate only if the application for the certificate was made after 1 March 2008.
(3)  Clause 153A applies to an occupation certificate only if the application for the certificate was made after 1 March 2008 and the certificate is for a building resulting from building work in respect of which a compliance certificate under clause 130 (2A) or 144A is required.
(4)  In relation to building work or a building to which clause 130 (2A), 144A or 153A does not apply immediately before 1 March 2011 because of the operation of clause 130 (2B) or 144A (2), subclauses (1)–(3) have effect as if a reference to 1 March 2008 were a reference to 1 March 2011.
(5)  Any requirement to issue a fire safety schedule that arose under clause 168 before its amendment by the Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013 continues to apply as if that Regulation had not been made.
291A   Transitional provisions relating to Part 4A certificates and planning agreements
(1)  The amendment made to clause 25E by the Environmental Planning and Assessment Amendment (Part 4A Certificates and DCPs) Regulation 2011 applies only in relation to planning agreements for which public notice is given under clause 25D on or after 25 February 2011.
(2)  The amendments made to this Regulation by the Environmental Planning and Assessment Amendment (Part 4A Certificates and DCPs) Regulation 2011 apply only in relation to an application for a construction certificate, occupation certificate or subdivision certificate made on or after 25 February 2011.
291B   Savings and transitional provision—abolition of Wagga Wagga Interim Joint Planning Panel
(1)  This clause applies on the repeal of the Environmental Planning and Assessment (Wagga Wagga Interim Joint Planning Panel) Order 2009, which constitutes the Wagga Wagga Interim Joint Planning Panel.
(2)  Any function that the Wagga Wagga Interim Joint Planning Panel had under a direction made under section 54 of the Act is taken, on the repeal, to be a function of the Southern Region Joint Planning Panel, subject to any further direction by the Minister.
(3)  Anything done or omitted by the Wagga Wagga Interim Joint Planning Panel in relation to an unresolved matter that, on the repeal, becomes a matter that can be determined by the Southern Region Joint Planning Panel, is taken to have been done or omitted by the Southern Region Joint Planning Panel.
(4)  In this clause an unresolved matter means a matter that has not been finally determined by the Wagga Wagga Interim Joint Planning Panel.
291C   Transitional provision relating to CodeMark scheme
The amendment made to clause 224 by the Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018 applies to any of the following applications made, but not determined, on or before 1 September 2018—
(a)  development applications,
(b)  applications for a complying development certificate,
(c)  applications for a construction certificate.
292   (Repealed)
293   Deemed refusal period for Court appeals
(1)  For the purposes of section 8.22 (2) of the Act, the period of 40 days after the date of the application to extend the period after which a development consent expires is prescribed.
(2)  For the purposes of section 8.25 (1) (b) of the Act, the period of 40 days after the following (whichever last occurs) is prescribed—
(a)  the date of the application for the building information certificate,
(b)  if the applicant receives a notice under section 6.26 (2) of the Act to supply information—the date on which the information is supplied.