New South Wales Consolidated Acts

PORTS ASSETS (AUTHORISED TRANSACTIONS) ACT 2012 - SECT 32

32 No cargo throughput limits for Port Botany

(1) A planning control is of no effect to the extent that it would operate to impose a cargo throughput limit for Port Botany.

(2) A
"cargo throughput limit" for Port Botany is any direct or indirect limit or other restriction on the amount of cargo that can be received or handled at or transported from Port Botany and includes (without limitation) the following--

(a) a limit or other restriction on the number of cargo containers that can be received or handled at or transported from Port Botany,

(b) a limit or other restriction on the nature, number or frequency of transport movements to or from Port Botany,

(c) a limit of the kind imposed by condition A1.4 (Port Throughput Capacity Limits) of the planning approval for the construction and operation of a new container terminal and associated infrastructure at Port Botany as granted on 13 October 2005.

(3) The following provisions apply to the operation of this section--

(a) this section does not apply to a planning control until the planning control has been imposed, so that it limits the effect of the planning control once imposed but does not prevent the planning control from being imposed,

(b) this section does not invalidate a planning control or any planning approval that imposes a planning control,

(c) this section does not prevent planning approval being granted merely because a planning control to be imposed by the planning approval will be rendered wholly or partially ineffective by this section.

(4) In this section--

"Planning Act" means the Environmental Planning and Assessment Act 1979 and the regulations under that Act.

"planning approval" means a consent, approval, permission or other authority under the Planning Act and includes any condition of or the terms of any such consent, approval, permission or other authority.

"planning control" means any requirement or other control imposed (before or after the commencement of this section) by or under--

(a) the Planning Act, or

(b) an environmental planning instrument under the Planning Act, or

(c) a planning approval.

"Port Botany" means land in the local government areas of the City of Botany Bay and the City of Randwick (including land covered by water) leased to the private sector for the purposes of an authorised transaction.