New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 3.26

3.26 Special provision for development in Sydney water catchment relating to water quality

(cf previous s 34B)

(1) In this section,
"Sydney drinking water catchment" means a declared catchment area (within the meaning of the Water NSW Act 2014 ) that is declared by a State environmental planning policy to be the Sydney drinking water catchment.

(2) Provision is to be made in a State Environmental Planning Policy requiring a consent authority to refuse to grant consent to a development application relating to any part of the Sydney drinking water catchment unless the consent authority is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on the quality of water.

(2A) A State environmental planning policy that requires proposed development to have a neutral or beneficial effect on the quality of water may deal with the application of that test in the case of proposed development that extends or expands existing development.

(4) The Minister is not to recommend the making of a State Environmental Planning Policy that relates to the declaration of the Sydney drinking water catchment unless--

(a) the Minister administering the Water NSW Act 2014 approves of the declaration, and

(b) the Minister administering the Protection of the Environment Operations Act 1997 has been consulted about the declaration.