Chapter 1 Preliminary
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—the Act means the Environmental Planning and Assessment Act 1979.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.Note—The Interpretation Act 1987, section 30A provides—(a) the transfer of a provision does not affect the operation or meaning of the provision, and(b) a transferred provision is to be construed as if it had not been transferred.
Chapter 2 State significant precincts
Editorial note—
Schedule 9 transfers certain provisions of State Environmental Planning Policy (State Significant Precincts) 2005 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 3 Darling Harbour
Editorial note—
Schedule 9 transfers certain provisions of Darling Harbour Development Plan No 1 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 4 City West
Editorial note—
Schedule 9 transfers certain provisions of Sydney Regional Environmental Plan No 26—City West to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 5 Walsh Bay
Editorial note—
Schedule 9 transfers certain provisions of Sydney Regional Environmental Plan No 16—Walsh Bay to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 6 Cooks Cove
Editorial note—
Schedule 9 transfers certain provisions of Sydney Regional Environmental Plan No 33—Cooks Cove to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 7 Moore Park Showground
Editorial note—
Schedule 9 transfers certain provisions of State Environmental Planning Policy No 47—Moore Park Showground to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Appendices 1–7
Editorial note—
Schedule 9 transfers certain Appendices from State Environmental Planning Policy (State Significant Precincts) 2005 to this Policy. The Appendices will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedules 1–8
Editorial note—
Schedule 9 transfers certain Schedules from the following environmental planning instruments to this Policy—
The Schedules will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedule 9 Transfer of provisions
Omit clauses 7 and 8. Insert instead—7 State significant precincts(1) Appendices 1–18 describe State significant precincts and contain provisions relating to the carrying out of development in the State significant precincts.(2) The Minister may publish guidelines for proposals to amend an Appendix.(3) Subclause (2) does not prevent an amendment of an Appendix without compliance with the guidelines.
(1) Replicate the provisions of State Environmental Planning Policy (State Significant Precincts) 2005 specified in Column 1 of the following table as the provisions of the Policy specified opposite in Column 2—
(1) Transfer Darling Harbour Development Plan No 1, clauses 2–11 to this Policy as Chapter 3.(2) Renumber the clauses in Chapter 3 as sections with decimal numbering, commencing with section 3.1.(3) Transfer Darling Harbour Development Plan No 1, Schedule 1 to this Policy as Schedule 1.
(1) Transfer Sydney Regional Environmental Plan No 26—City West, Parts 1–3A, other than clauses 1, 6 and 9, to this Policy as Chapter 4, Parts 4.1–4.4.(2) Renumber the clauses in Chapter 4 as sections with decimal numbering, commencing with section 4.1.(3) Transfer Sydney Regional Environmental Plan No 26—City West, Schedules 1, 3 and 4 to this Policy as Schedules 2–4.
(1) Transfer Sydney Regional Environmental Plan No 16—Walsh Bay, Parts 1–3, other than clause 1, to this Policy as Chapter 5, Parts 5.1–5.3.(2) Renumber the clauses in Chapter 5 as sections with decimal numbering, commencing with section 5.1.
(1) Transfer Sydney Regional Environmental Plan No 33—Cooks Cove, Parts 1–4, other than clause 1, to this Policy as Chapter 6, Parts 6.1–6.4.(2) Renumber the clauses in Chapter 6 as sections with decimal numbering, commencing with section 6.1.(3) Omit the heading to the Dictionary. Insert instead—Schedule 4 Dictionary for Chapter 6(4) Transfer Sydney Regional Environmental Plan No 33—Cooks Cove, Schedules 1–4, as amended by subsection (3), to this Policy as Schedules 5–8.
(1) Transfer State Environmental Planning Policy No 47—Moore Park Showground, Parts 1–4, other than clauses 1, 4(3) and (4), 5 and 6, to this Policy as Chapter 7, Parts 7.1–7.4.(2) Renumber the clauses in Chapter 7 as sections with decimal numbering, commencing with section 7.1.
8 Consequential amendments
(1) Update all cross-references and provision numbering below the section level in this Policy as required by the transfer of provisions to this Policy.(2) Omit each expression specified in Column 1 of the following table wherever occurring in this Policy, other than Chapter 1 and in this Schedule, including definitions, headings and notes and regardless of capitalisation.Insert instead the expression specified opposite in Column 2, with appropriate capitalisation—
9 Repeal of environmental planning instruments
The following environmental planning instruments, as amended by this Schedule, are repealed—Note—Savings and transitional provisions in the instruments repealed by this section are not transferred to this Policy. They continue to have effect because of the Interpretation Act 1987, sections 5(6) and 30(2)(d).
10 Repeal of Schedule
This Schedule is repealed at the beginning of the day after this Policy commences.