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Government Gazette of the STATE of NEW SOUTH WALES Number 5 Friday, 12 January 2007 Published Under Authority by Government Advertising

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Government Gazette of the STATE of NEW SOUTH WALES Number 5 Friday, 12 January 2007 Published Under Authority by Government Advertising 81 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 5 Friday, 12 January 2007 Published under authority by Government Advertising LEGISLATION Proclamations New South Wales Proclamation under the Environmental Planning Legislation Amendment Act 2006 No 123 MARIE BASHIR, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (2) of the Environmental Planning Legislation Amendment Act 2006, do, by this my Proclamation, appoint 12 January 2007 as the day on which Schedule 1 [6]–[8], [10]–[14], [16]–[19], [21]–[22], [24]–[30] and [42]–[43] of that Act commences. Signed and sealed at Sydney, this 10th day of January 2007. By Her Excellency’s Command, FRANK SARTOR, M.P., Minister for Planning L.S. Minister for Planning GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the uncommenced provisions of the Environmental Planning Legislation Amendment Act 2006 except for: (a) Schedule 1 [9], [15], [20], [23], [31] and [44]–[46], and (b) Schedule 3.3 and 3.4. s06-564-16.p02 Page 1 82 LEGISLATION 12 January 2007 New South Wales Proclamation under the Police Integrity Commission Amendment Act 2006 No 64 MARIE BASHIR, Governor , Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Police Integrity Commission Amendment Act 2006, do, by this my Proclamation, appoint 12 January 2007 as the day on which that Act commences. Signed and sealed at Sydney, this 20th day of December 2006. By Her Excellency’s Command, JOHN WATKINS, M.P., Minister for Police L.S. Minister for Police GOD SAVE THE QUEEN! s06-484-25.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 12 January 2007 LEGISLATION 83 New South Wales Proclamation under the Property, Stock and Business Agents Amendment Act 2006 No 4 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Property, Stock and Business Agents Amendment Act 2006, do, by this my Proclamation, appoint 1 March 2007 as the day on which that Act commences. Signed and sealed at Sydney, this 10th day of January 2007. By Her Excellency’s Command, DIANE BEAMER, M.P., Minister for Fair Trading L.S. Minister for Fair Trading GOD SAVE THE QUEEN! s06-424-32.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 84 LEGISLATION 12 January 2007 Regulations New South Wales Environmental Planning and Assessment Amendment (Fees) Regulation 2007 under the Environmental Planning and Assessment Act 1979 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979. FRANK SARTOR, M.P., Minister for Planning Minister for Planning Explanatory note This Regulation prescribes a fee regime in respect of applications for approval under Part 3A of the Environmental Planning and Assessment Act 1979 to carry out a project or for the concept plan for a project (Part 3A application) and in relation to other matters under that Part. Currently, clause 8H of the Environmental Planning and Assessment Regulation 2000 applies, with certain modifications, the fees and charges payable under Part 15 of that Regulation to Part 3A projects (Part 15 sets out a fee regime in respect of development assessment under Part 4 of the Environmental Planning and Assessment Act 1979). The Regulation makes provision for the following matters: (a) the fee payable for a Part 3A application (including provision for the doubling of the fee in the case of a critical infrastructure project), (b) the additional application fee for giving public notice of an environmental assessment, (c) the additional application fee for planning reform, (d) the fee payable for consideration of a request for modification of the Minister’s approval for a project or approval of a concept plan (including an additional fee if there is public notice of a request for modification), (e) the fee payable for the assessment of any aspect of a project, or a concept plan for a project, by a panel of experts (with any such assessment including the giving of public notice), (f) the fee payable for an investigation into a proposed State significant site. s06-505-16.p04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 12 January 2007 LEGISLATION 85 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 Explanatory note In addition to the new fee regime, this Regulation amends the Environmental Planning and Assessment Regulation 2000 to exclude certain costs from any estimate or determination of the proposed cost of carrying out development for the purpose of a section 94A development contribution levy. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 75Z, 94A, 137 and 157 (the general regulation-making power). Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 86 LEGISLATION 12 January 2007 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 Clause 1 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Fees) Regulation 2007. 2 Amendment of Environmental Planning and Assessment Regulation 2000 The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 12 January 2007 LEGISLATION 87 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 Schedule 1 Amendments Schedule 1 Amendments (Clause 2) [1] Clause 8H Omit the clause. Insert instead: 8H Fees The fees for applications and exercise of functions under Part 3A of the Act are as set out in Part 15 of this Regulation. [2] Clause 25J Section 94A levy—determination of proposed cost of development Insert after clause 25J (3) (i): (j) the costs of enabling access by disabled persons in respect of the development, (k) the costs of energy and water efficiency measures associated with the development, (l) the cost of any development that is provided as affordable housing, (m) the costs of any development that is the adaptive reuse of a heritage item. [3] Clause 115 What are the requirements for an application for modification of a development consent? Insert “(except where the application for the consent the subject of the modification was made, or could have been made, without the consent of the owner)” after “application” in clause 115 (1) (h). [4] Clause 245 Renumber the clause as clause 245AA. Insert at the end of the clause: Note. Clause 50 (1) (c) provides that a development application must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 88 LEGISLATION 12 January 2007 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 Amendments Schedule 1 [5] Part 15, Division 1A Insert before Division 1 of Part 15: Division 1A Fees under Part 3A 245A Definitions In this Division: Part 3A application means an application for approval under Part 3A of the Act to carry out a project or for the concept plan for a project. project means development to which Part 3A of the Act applies. public notice, of an environmental assessment or other matter, means the publication of a notice of the assessment or other matter in a newspaper circulating throughout the State. 245B Determination of fees payable for Part 3A application (1) The fee for a Part 3A application is to be determined by the Director-General and is not to exceed the total maximum fee determined in accordance with the provisions of this Division relating to any such application. (2) Separate fees are payable for an application for approval of the concept plan for a project and for an application for approval to carry out that project (including where a single application is made for approval of the concept plan and for approval to carry out a part or aspect of that project). (3) If two or more fees are applicable to a single Part 3A application (such as an application relating to the subdivision of land and the erection of a building on one or more lots created by the subdivision), the maximum fee payable is the sum of those fees. (4) The total maximum fee payable for a Part 3A application for approval for part only of a project, and for any subsequent Part 3A applications for approval for any remaining part of the project, is the maximum fee that would otherwise be payable if only a single application for approval for the project was made. (5) A maximum fee of $750 is payable for a Part 3A application for which no other fee is provided under this Division. 245C Payment of fees for Part 3A applications (1) The fee payable under this Division for a Part 3A application is payable by the applicant within 14 days after the Director-General makes the environmental assessment in relation Page 5 NEW SOUTH WALES GOVERNMENT GAZETTE No. 5 12 January 2007 LEGISLATION 89 Environmental Planning and Assessment Amendment (Fees) Regulation 2007 Schedule 1 Amendments to the application publicly available under section 75H (3) or 75N of the Act and notifies the applicant of the amount of the fee. Note. For critical infrastructure projects—see also clause 245H (2). (2) The Minister may refuse to consider a Part 3A application if the fee payable for the application remains unpaid.
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