2017
2017
2017-10-14
act
government
publicspecial
act.reprint
allinforce
2017-10-10
2017-10-10
0
2017-10-14
act-1987-015
2017
none
act-2017-047
75ca2dc4-bb45-4db2-ae86-cf17acc33751
85ac69c1-5dec-4a38-966d-24dd0869cfe3
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 14.10.2017.
An Act to amend the Environmental Planning and Assessment Act
1979 and State
Environmental Planning Policy (Sydney Drinking Water Catchment)
2011 to clarify the test for granting development consent
in relation to the Sydney drinking water catchment and to validate a
development consent relating to the Springvale mine
extension.
1Name of
Act
This Act is the Environmental
Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act
2017.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Environmental Planning and Assessment Act 1979 No
203
[1]Section 34B Special provision
for development in Sydney water catchment relating to water
quality
Insert after section 34B (2):
(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.
[2]Section 34B
(3)
Omit the subsection and the note to the
subsection.
[3]Schedule 7,
heading
Omit “Transferred provisions”.
Insert instead “Special provisions”.
[4]Schedule
7
Insert at the end of the Schedule:
Part 4Validation of development
consent relating to Springvale mine extension etc
8Definitions
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] 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.
9Validation of Springvale mine
extension development consent
(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.
10Other development consents not
subject to challenge
(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.
Schedule 2Amendment of State Environmental Planning Policy (Sydney Drinking Water
Catchment) 2011
Clause
11A
Insert after clause 11:
11ANeutral or beneficial effect
on water quality—continuing development
(1)
This clause applies for the purposes of
determining under this Policy whether the carrying out of continuing
development on land in the Sydney drinking water catchment would have a
neutral or beneficial effect on water quality.
(2)
Continuing development is any
development (such as mining) for which development consent was limited to the
carrying out of the development for a particular time or to a particular area
or intensity, but which was likely to be the subject of future applications
for consent for its extension or expansion.
(3)
If:
(a)
development consent was granted for continuing
development (“the existing development consent”),
and
(b)
a development application is made for consent to
extend or expand the carrying out of the development (“the proposed
development”), and
(c)
the development application is made before the
authority conferred by the existing development consent expires or is
exhausted,
the carrying out of the proposed development will have a
neutral or beneficial effect on water quality if it will have the same or a
lesser adverse impact on water quality when compared to the adverse impact
that the continuing development would have if it were extended or expanded
under similar conditions as the existing development
consent.
(4)
Subclause (3) extends to an existing development
consent that is to be surrendered if consent is granted on the determination
of the development application.
(5)
In this clause, a reference to an existing
development consent includes a reference to a project approved under Part 3A
of the Act before its repeal (or granted after its repeal pursuant to Schedule
6A to the Act).
Historical
notes
Table of amending
instruments
Environmental
Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act
2017 No 47. Assented to 13.10.2017. Date of commencement,
assent, sec 2.