New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous s 154)
(1) Where land is transferred from one area to another area or is amalgamated with land of another area--(a) subject to paragraph (b), an environmental planning instrument shall continue to apply to the land to which it applied immediately before the date of the transfer or amalgamation, and so applies as in force at that date, and(b) the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of any environmental planning instrument applying to the land so transferred or amalgamated immediately before the date of the transfer or amalgamation.
(2) Where land is transferred from one area to another area--(a) a planning proposal that has been placed on public exhibition in accordance with Division 3.4 and that applies to land including that land may, with the written consent of the council of that other area given within 2 months after the date of the transfer, be proceeded with as if the transfer had not taken effect,(b) subject to paragraph (c), the plan, when it takes effect as an environmental planning instrument, shall apply to that land, and so applies as in force at the date of publication of the plan on the NSW legislation website, and(c) the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of the plan, when it takes effect as an environmental planning instrument, so far as it applies to that land.
(3) An environmental planning instrument referred to in subsection (1) or (2), to the extent that it applies to land so referred to, so applies subject to any subsequent environmental planning instrument applying to that land.
(4) This section applies to and in respect of a transfer or amalgamation of land, whether or not it is effected pursuant to the Local Government Act 1993 .