New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A council for a local government area may, by notice published on the council's website, modify development consents for licensed premises by declaring that all conditions of the development consents that are live entertainment conditions do not apply--(a) in the local government area, or(b) in a suburb in the local government area, or(c) to a specified use of land in the local government area or a suburb.
(2) Before publishing a notice under subclause (1), the council must--(a) publish on the council's website, and in other ways the council considers appropriate, a notice that--(i) states the council proposes to modify the development consent, and(ii) gives details of the conditions that will be affected by the modification, and(iii) invites submissions from the community about the proposed modification within the period, not less than 14 days after the day the notice is published, stated in the notice, and(b) consider any submissions received in accordance with the notice and the impact of the proposed modification on the community.
(3) The notice is taken to have effect on the day the notice is published, or a later date specified by the notice.
(4) A condition to which the notice relates ceases to have effect from the time the notice takes effect.
(5) Section 4.55 does not apply to a modification under this clause.
(6) In this clause--
"live entertainment condition" --(a) means a condition mentioned in the Liquor Act 2007 , Schedule 1, clause 70(1)(a)-(h), but(b) does not include a condition relating to noise.
In this Part--
"Springvale mine extension development consent" means the development consent
granted, or purported to have been granted, on 21 September 2015 with respect
to State significant development application number SSD 5594 (being the
development consent the subject of the proceedings in 4nature Incorporated v
Centennial Springvale Pty Ltd[2017[#93] NSWCA 191 ), together with any
modifications of that consent granted or purported to have been granted before
the commencement of the amending Act.
"the amending Act" means the Environmental Planning and Assessment Amendment
(Sydney Drinking Water Catchment) Act 2017 .
"this Act" includes--
(a) the regulations under this Act, and
(b) State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 and any other environmental planning instrument.
(1) The Springvale mine extension development consent is validated (to the extent of any invalidity), and is taken--(a) to have been duly granted in accordance with this Act and otherwise in accordance with law, and(b) to have been duly granted on 21 September 2015, and thereafter to be, and to have been at all relevant times, a valid development consent.
(2) Without limiting subclause (1), the granting of a mining lease or any other thing done or omitted to be done on or after 21 September 2015 is as valid as it would have been had the development consent concerned been in force when the mining lease was granted or the thing was done or omitted.
(3) This clause has effect despite the existence of any proceedings pending in any court immediately before the commencement of the amending Act or the decision in any such proceedings or in any other proceedings instituted before that commencement.
(4) If any proceedings are withdrawn or terminated (or any decision in any proceedings no longer has effect) because of the operation of the amending Act, the Treasurer may, in the absolute discretion of the Treasurer, pay to any party to those proceedings the whole or any part of any amount that the Attorney General, on application made to the Attorney General in writing by or on behalf of that party, certifies as being the costs of or incidental to the proceedings reasonably incurred by that party. This subclause does not apply to any party to the proceedings to whom or for whose benefit a development consent the subject of the proceedings was granted.
(1) This clause applies to any development consent granted, or purported to have been granted, before the commencement of the amending Act (other than the Springvale mine extension development consent) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applied.
(2) After the commencement of the amending Act, any such development consent is not subject to challenge on the ground that it was not granted in accordance with this Act and State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 if the development consent was granted in accordance with this Act and that Policy, as amended by the amending Act.