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Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43
Repealed version for 24 November 2005 to 19 June 2006 (accessed 21 January 2020 at 08:01)
Schedule 7
Schedule 7 Amendment of other Acts and regulation
(Section 4)
Section 3 Definitions
Insert after section 3 (2):
  
(3)  A reference within the Act to a development consent under the Environmental Planning and Assessment Act 1979 includes a reference to an approval under Part 3A of that Act.
Section 162S Improved vacant land
Insert “, and includes an approval under Part 3A of that Act” at the end of the definition of development consent in section 162S (3).
[1]   Clause 17 For what matters may a development control plan provide?
Omit the clause.
[2]   Clause 92A Preliminary planning: sections 79C (1) (a) (iv) and 80 (11) of the Act
Omit clause 92A (1) (d) and (2) (d) and the definition of master plan in clause 92A (5).
[1]   Section 201 Circumstances in which a person may carry out dredging or reclamation work
Insert at the end of section 201 (2) (b):
  
, or
(c)  work excluded from the operation of this section by the regulations.
[2]   Section 220ZF Defences
Insert after section 220ZF (1) (b) (ii):
  
(iii)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
Insert after section 36 (2):
  
(2A)  Forestry operations cannot be declared to be a project under Part 3A of the Environmental Planning and Assessment Act 1979 during any period that an integrated forestry operations approval applies to those operations.
[1]   Section 56 Definitions
Insert “an application under Part 3A or” after “not being” in paragraph (a) of the definition of prescribed application.
[2]   Section 66 Application of Subdivision
Insert “Part 3A and” after “1979 (”.
[1]   Section 3 Definitions
Insert “or an environmental planning instrument” after “statutory rule” in the definition of instrument in section 3 (1).
[2]   Section 5 Application of Act
Insert after section 5 (5):
  
(6)  The provisions of sections 24, 28, 29, 30, 30B, 33, 42, 43, 69A, 75 and 80 that apply to a statutory rule also apply to an environmental planning instrument.
[3]   Section 21 Meaning of commonly used words and expressions
Insert in section 21 (1) in alphabetical order:
  
environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979.
[4]   Section 45 Presumption of validity of certain instruments
Insert at the end of paragraph (b) of the definition of instrument in section 45 (2):
  
, or
(c)  an environmental planning instrument,
Section 17 Class 1—environmental planning and protection appeals
Insert “75K, 75L, 75Q, 75W (5),” before “95A” in section 17 (d).
Section 15A
Omit the section. Insert instead:
  
15A   Application of EPA Act
(1)  Parts 4, 4A and 5A and Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 apply to the Island as if a reference to the consent authority were a reference to the Board.
(2)  For the purposes of that Act:
(a)  the Island is taken to be a region within the meaning of that Act, and
(b)  the Board is taken to be the council of an area situated in that region.
Section 15 Mine subsidence districts
Insert after section 15 (8):
  
(8A)  A person does not commit an offence against this section for anything done within a mine subsidence district that is excluded from the operation of this section by the regulations.
[1]   Section 65 Development consents under Environmental Planning and Assessment Act 1979
Insert “(being a mining lease granted and a development consent given before the commencement of Schedule 7.11 to the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005)” after “has been given” in section 65 (3).
[2]   Section 65 (3) (a)
Insert “, as in force immediately before that commencement” after “Schedule 1”.
[3]   Section 74 Mining unaffected by Environmental Planning and Assessment Act 1979
Omit the section.
[4]   Section 110 Councils and development consents
Omit section 110 (2).
[5]   Section 239 Rehabilitation etc of area damaged by mining
Insert at the end of the section:
  
(5)  This section has effect despite anything to the contrary in section 93 of the Environmental Planning and Assessment Act 1979.
[6]   Section 381 Prospecting unaffected by epis
Omit “the Environmental Planning and Assessment Act 1979 or” and “that Act or”.
[7]   Section 381
Insert at the end of the section:
  
(2)  A reference in this section to an environmental planning instrument does not include a reference to a State environmental planning policy made on or after the commencement of this subsection.
[8]   Schedule 1, Part 2, Division 1, heading
Omit the heading. Insert instead:
Division 1  Notification of Government agencies where development consent not required for mining
[9]   Schedule 1, clause 4A
Insert before clause 5:
  
4A   Application of Division
This Division does not apply to the grant of a mining lease if a development consent (or approval under Part 3A of the Environmental Planning and Assessment Act 1979) is required before the land is used for obtaining minerals.
[10]   Schedule 1, Part 2, Division 2, heading
Omit the heading. Insert instead:
Division 2  Landowner consent not required where development consent required for mining
[11]   Schedule 1, clauses 13 and 15
Omit the clauses.
[1]   Section 91AA Director-General may make stop work order
Insert at the end of section 91AA (4) (c):
  
, or
(d)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979.
[2]   Section 98 Harming protected fauna, other than threatened species, endangered populations or endangered ecological communities
Insert at the end of section 98 (5) (c):
  
, or
(d)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979.
[3]   Section 99A Directions relating to protected fauna
Insert after section 99A (6) (c):
  
(c1)  in relation to anything essential for carrying out a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
[4]   Section 118A Harming or picking threatened species, endangered populations or endangered ecological communities
Insert after section 118A (3) (b) (iii):
  
(iv)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
[5]   Section 118C Damage to critical habitat
Insert after section 118C (5) (b) (iii):
  
(iv)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
[6]   Section 118D Damage to habitat of threatened species, endangered populations or endangered ecological communities
Insert after section 118D (2) (b) (iii):
  
(iv)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
[7]   Section 156A Offence of damaging reserved land
Insert after section 156A (2) (c) (ii):
  
(iii)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
[1]   Section 46 Application of Part 5 of Environmental Planning and Assessment Act 1979
Omit the section.
[2]   Section 47
Omit the section. Insert instead:
  
47   Application of epis
(1)  If a person is authorised under this Act to carry out operations authorised under a petroleum title other than a production lease:
(a)  nothing in, or done under, an environmental planning instrument operates so as to prevent the holder of the title carrying out any such operations on the land comprised in the title, and
(b)  to the extent to which anything in, or done under, any such instrument would so operate, it is of no effect in relation to the holder.
(2)  A reference in this section to an environmental planning instrument does not include a reference to a State environmental planning policy made on or after the commencement of this subsection.
[3]   Section 48 Application of this Division to Government bodies where development consent etc not required
Omit section 48 (1). Insert instead:
  
(1)  This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.
[4]   Section 54A
Insert before section 55:
  
54A   Division applies only where development consent etc not required
This Division does not apply to the grant of a production lease if a development consent (or approval under Part 3A of the Environmental Planning and Assessment Act 1979) is required before the land is used for the purpose of obtaining petroleum.
[5]   Section 62 Definitions
Omit the definition of operational condition.
[6]   Section 63 Applicant for lease required to obtain development consent
Omit the section.
[7]   Section 65 Avoidance of certain conditions imposed on grant of development consent
Omit the section.
[8]   Section 66 Environmental Planning and Assessment Act 1979 not otherwise to affect operations
Omit the section.
[9]   Section 67
Omit the section. Insert instead:
  
67   Development consent under Environmental Planning and Assessment Act 1979
(1)  This section applies if development consent is required for the use of land for the purpose of obtaining petroleum.
(2)  The Minister must not grant a production lease over the land unless an appropriate development consent is in force in respect of the land.
[10]   Section 68 Certain consents and conditions still operative
Omit the section.
[11]   Section 76 Rehabilitation etc of area damaged by operations
Insert at the end of the section:
  
(5)  This section has effect despite anything to the contrary in section 93 of the Environmental Planning and Assessment Act 1979.
[1]   Section 28 Authority as approval body for State infrastructure or other significant projects
Omit “that is declared to be State significant development for the purpose of” from section 28 (1).
Insert instead “that is declared to be a project for the purposes of Part 3A of”.
[2]   Section 28 (2) and (3)
Omit “consent authority” and “development” wherever occurring.
Insert instead “approval body” and “project”, respectively.
[3]   Section 28A
Insert after section 28:
  
28A   Planning agreements with respect to development
The Minister and the Authority are taken to be planning authorities for the purposes of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.
[4]   Sections 29, 30 and 31
Omit “that is State significant development” from sections 29 (1), 30 (1) and 31 (1) wherever occurring.
Insert instead “that is a project to which Part 3A of the Environmental Planning and Assessment Act 1979 applies”.
[5]   Section 30 (2)
Insert “(as applied by section 75R (4) of that Act)” after “1979”.
[6]   Section 30 (2) and (5)
Omit “in relation to development” wherever occurring.
Insert instead “in relation to a project”.
[7]   Section 30 (4)
Omit the subsection.
[8]   Section 31 (2), (4) and (8)
Omit “consent authority”, “development to which this section applies” and “development consent” wherever occurring.
Insert instead “approval body”, “a project to which this section applies” and “approval”, respectively.
[9]   Section 32
Omit “State significant development” from section 32 (2).
Insert instead “a project to which Part 3A of the Environmental Planning and Assessment Act 1979 applies”.
[1]   Section 64 RTA may exercise functions of roads authority with respect to certain roads
Insert after section 64 (1):
  
(1A)  The RTA may, for the purposes of the carrying out of a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, exercise the functions of a roads authority with respect to any road.
[2]   Section 64 (2)
Omit “classified”.
Section 100B Bush fire safety authorities
Insert after section 100B (5) (a):
  
(a1)  does not include the carrying out of any development excluded from the operation of this section by the regulations, and
Chapter 2, Part 3, Division 10 Regional environmental plans
Omit the Division.