Does my instrument need to be published on the legislation website (notified) or gazetted?
Your instrument needs to be notified if:
- It is a statutory rule as defined in the Interpretation Act 1987 (i.e. it is a regulation, a by-law made or approved by the Governor, or a court rule).
- It is a commencement proclamation for an Act.
- It is a local environmental plan or State environmental planning policy.
- The legislation under which the instrument is made requires it to be ‘published on the NSW legislation website’.
Your instrument needs to be gazetted as a notice if there is a legislative requirement that it must be published in the NSW Government Gazette. If the legislative requirement is that the notice may be published in the NSW Government Gazette, you can choose to arrange for gazettal. (See our Gazette FAQ, Why does my notice have to include the legislation under which it is made?)
Last updated 23 September 2021 at 14:10