New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 13.4

13.4 Application of Environmental Planning and Assessment Act 1979

(1) This section applies to each of the following (a
"relevant instrument" )--

(a) a condition relating to the land to which a recording under Division 5.4 applies,

(b) a restriction on use or public positive covenant imposed under Division 5.10,

(c) anything that was a prescribed instrument as defined in section 183A of the Crown Lands Act 1989 immediately before the Act's repeal.

(2) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979 --

(a) a relevant instrument is taken to be a regulatory instrument, and

(b) the Minister is responsible for the administration of that regulatory instrument.

Note--: Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. The suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.

(3) In relation to any particular relevant instrument, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force--

(a) immediately before the commencement of section 183A of the Crown Lands Act 1989 , or

(b) immediately before the relevant instrument takes effect,

does not affect the operation of the relevant instrument unless the provision is subsequently amended to expressly affect the operation of the relevant instrument.