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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 23 September 2017 at 04:46)
Part 3 Division 4
Division 4 Amendment and repeal of development control plans
22   How may a development control plan be amended or repealed?
(cf clause 21 of EP&A Regulation 1994)
(1)  A council may amend a development control plan by a subsequent development control plan.
(2)  A council may repeal a development control plan:
(a)  by a subsequent development control plan, or
(b)  by public notice in a local newspaper of its decision to repeal the plan.
22A   Amendment or revocation of development control plan at Minister’s direction
(1)  This clause applies if the Minister directs a council under section 74F of the Act:
(a)  to revoke a development control plan, or
(b)  to amend a development control plan and the direction specifies that the amending plan is not required to be exhibited.
(2)  The council may amend or revoke the development control plan by making a development control plan.
(3)  The council must give public notice in a local newspaper of the making of the development control plan not later than 14 days after making the plan.
(4)  Notice of a development control plan to revoke a development control plan must specify the following:
(a)  the date the council made the plan and when the plan takes or took effect,
(b)  the name of the plan that is to be revoked.
(5)  Notice of a development control plan to amend a development control plan must specify the following:
(a)  the date the council made the plan and when the plan takes or took effect,
(b)  the name of the plan that is to be amended,
(c)  that the amendment is in accordance with a direction under section 74F of the Act.
(6)  The development control plan comes into effect on the date that the notice is given, or 14 days after the council makes the development control plan, whichever occurs first.
(7)  Clauses 18, 21, 21A, 22 and 23 do not apply to a development control plan made under this clause.
23   Procedure for repealing a development control plan by public notice
(cf clause 22 of EP&A Regulation 1994)
(1)  Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:
(a)  of its intention to repeal the development control plan, and
(b)  of its reasons for doing so.
(2)  Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.
(3)  The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.