New South Wales Repealed Regulations

This legislation has been repealed.

STATE ENVIRONMENTAL PLANNING POLICY (MISCELLANEOUS CONSENT PROVISIONS) 2007 - REG 11

11 Permissibility of erection of temporary structures

(1) Development comprising the erection of a temporary structure may be carried out only with development consent, except as otherwise provided by any other environmental planning instrument that specifies that development as exempt or complying development.

(2) Subclause (1) does not apply to development comprising the erection of a temporary structure that is exempt development or complying development, or is prohibited, under another environmental planning instrument.

(3) For the purposes of subclause (2), the existing provisions of an environmental planning instrument are taken to prohibit development comprising the erection of a temporary structure only if, in doing so, temporary structures or a relevant class of temporary structures are expressly referred to.

(4) In this clause:

"existing provisions of an environmental planning instrument" means provisions of the environmental planning instrument:

(a) as in force immediately before 26 October 2007, or

(b) as amended on or after 26 October 2007, but before 26 October 2008, by some other environmental planning instrument that, immediately before 26 October 2007, was the subject of:

(i) a decision under section 3.32 of the Act, or

(ii) a direction under section 3.33 of the Act to make such a decision, or

(c) as inserted in the environmental planning instrument on or after 26 October 2007, but before 26 October 2008, by some other environmental planning instrument that, immediately before 26 October 2007, was the subject of:

(i) a decision under section 3.32 of the Act, or

(ii) a direction under section 3.33 of the Act to make such a decision.