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This is a Bill, not an Act. For current law, see the Acts databases.
Careel Bay Protection Bill 2006
No , 2006
A Bill for
An Act to protect Careel Bay in Pittwater and to prohibit redevelopment of the
marina inconsistent with the existing character of Careel Bay.
Clause 1 Careel Bay Protection Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Careel Bay Protection Act 2006. 3
2 Commencement 4
This Act commences on the date of assent. 5
3 Interpretation 6
(1) In this Act: 7
Careel Bay means the estuarine tributary known as Careel Bay that 8
opens to Pittwater Estuary that opens to Broken Bay. 9
Careel Bay marina development means development for the purposes 10
of a marina, the upgrade of a marina or the erection of new facilities at 11
a marina, at Careel Bay. 12
(2) Words and expressions that are used in this Act and that are defined in 13
the Environmental Planning and Assessment Act 1979 have the same 14
meaning as in that latter Act. 15
4 Revocation of declaration as project to which Part 3A of EP&A Act 16
applies 17
(1) Any declaration under section 75B of the Environmental Planning and 18
Assessment Act 1979 that the carrying out of development for the 19
purposes of marinas is a project to which Part 3A of that Act applies that 20
was made before the commencement of this Act is revoked to the extent 21
to which it applies to Careel Bay marina development. 22
(2) After this Act commences, a declaration must not be made under section 23
75B of the Environmental Planning and Assessment Act 1979: 24
(a) that the carrying out of development for the purposes of marinas 25
at Careel Bay is a project to which Part 3A of that Act applies, or 26
(b) that has the effect of making Careel Bay marina development a 27
project or part of a project to which Part 3A of that Act applies. 28
(3) Any such declaration has no effect to the extent to which it applies to 29
Careel Bay marina development. 30
5 Pittwater Council is consent authority in relation to Careel Bay marina 31
development 32
(1) Careel Bay marina development cannot be carried out except with 33
development consent under Part 4 of the Environmental Planning and 34
Assessment Act 1979. 35
Page 2
Careel Bay Protection Bill 2006 Clause 6
(2) Pittwater Council is the consent authority in relation to any Careel Bay 1
marina development. 2
6 Careel Bay marina development must be within boundaries of existing 3
marina 4
(1) Careel Bay marina development may be carried out only on land or 5
coastal water that was within the area used for the purposes of a marina 6
at Careel Bay when this Act commenced. 7
(2) Nothing in this section prevents the making of an environmental 8
planning instrument that further prohibits Careel Bay marina 9
development. 10
7 Consent to Careel Bay marina development 11
(1) Pittwater Council must not consent to Careel Bay marina development 12
unless: 13
(a) the development is, in the opinion of Pittwater Council, 14
consistent with the character of Careel Bay as at the 15
commencement of this Act, and 16
(b) Pittwater Council has had regard to the advice on the application 17
for development consent to the development provided by the 18
community forum established in accordance with section 8. 19
(2) Nothing in this section prevents the making of an environmental 20
planning instrument that imposes additional restrictions on Pittwater 21
Council's power to consent to Careel Bay marina development. 22
8 Community forum on proposed Careel Bay marina development 23
(1) If Pittwater Council receives a development application for consent to 24
Careel Bay marina development, the Council must, within 2 weeks, 25
establish a community forum in relation to that development 26
application. 27
(2) The community forum must consist of an equal number of residents of 28
Pittwater local government area and councillors of Pittwater Council, 29
but in any case is to have at least 6 and not more than 8 members. 30
(3) The function of the community forum is to advise Pittwater Council on 31
the development application and, in particular, on the plans for the 32
development, the assessment of the development application and the 33
future monitoring of the proposed development. 34
(4) The advice referred to in subsection (3) must be provided within 35
6 weeks after the development application is lodged. 36
Page 3
Clause 9 Careel Bay Protection Bill 2006
(5) For the purposes of the application of section 82 of the Environmental 1
Planning and Assessment Act 1979 to a development application for 2
consent to Careel Bay marina development, and despite any regulation 3
under that Act to the contrary, the "relevant period" in that section is 4
taken to be 90 days. 5
9 Application of Act 6
This Act applies despite any provision of any other Act, or of any 7
regulation or environmental planning instrument. 8
Page 4
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