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New South Wales Government Gazette No. 35 of 35 August 2012

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New South Wales Government Gazette No. 35 of 35 August 2012 3805 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 86 Friday, 31 August 2012 Published under authority by the Department of Premier and Cabinet LEGISLATION Online notification of the making of statutory instruments Week beginning 20 August 2012 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Proclamations commencing Acts Heritage Amendment Act 2011 No 71 (2012-391) — published LW 24 August 2012 Regulations and other statutory instruments Children (Education and Care Services) Supplementary Provisions Regulation 2012 (2012-392) — published LW 24 August 2012 Civil Procedure Regulation 2012 (2012-393) — published LW 24 August 2012 Criminal Assets Recovery Regulation 2012 (2012-394) — published LW 24 August 2012 District Court Amendment (Applications for Trial by Judge Alone) Rule 2012 (2012-395) — published LW 24 August 2012 Drug and Alcohol Treatment Regulation 2012 (2012-396) — published LW 24 August 2012 Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 (2012-397) — published LW 24 August 2012 Fisheries Management (Aquaculture) Regulation 2012 (2012-398) — published LW 24 August 2012 Fisheries Management (General) Amendment (Diseased and Noxious Fish and Marine Vegetation) Regulation 2012 (2012-399) — published LW 24 August 2012 Fluoridation of Public Water Supplies Regulation 2012 (2012-400) — published LW 24 August 2012 Heritage Regulation 2012 (2012-401) — published LW 24 August 2012 Independent Pricing and Regulatory Tribunal Regulation 2012 (2012-402) — published LW 24 August 2012 Lake Illawarra Authority Regulation 2012 (2012-403) — published LW 24 August 2012 Law Enforcement (Controlled Operations) Regulation 2012 (2012-422) — published LW 24 August 2012 Liquor Amendment (Conditional Grants) Regulation 2012 (2012-404) — published LW 24 August 2012 Non-Indigenous Animals Regulation 2012 (2012-405) — published LW 24 August 2012 Parramatta Park Trust Regulation 2012 (2012-406) — published LW 24 August 2012 Partnership Regulation 2012 (2012-421) — published LW 24 August 2012 Ports and Maritime Administration Regulation 2012 (2012-407) — published LW 24 August 2012 3806 OFFICIAL NOTICES 31 August 2012 Prevention of Cruelty to Animals Regulation 2012 (2012-408) — published LW 24 August 2012 Protection of the Environment Administration Regulation 2012 (2012-409) — published LW 24 August 2012 Racing Administration Regulation 2012 (2012-410) — published LW 24 August 2012 Regional Development Regulation 2012 (2012-411) — published LW 24 August 2012 Rural Lands Protection Amendment (Stock Transport and Camels) Regulation 2012 (2012-412) — published LW 24 August 2012 Subordinate Legislation (Postponement of Repeal) Order (No 2) 2012 (2012-413) — published LW 24 August 2012 Totalizator Regulation 2012 (2012-414) — published LW 24 August 2012 Witness Protection Regulation 2012 (2012-415) — published LW 24 August 2012 Environmental Planning Instruments Blacktown Local Environmental Plan 1988 (Amendment No 226) (2012-416) — published LW 24 August 2012 Blacktown Local Environmental Plan 1988 (Amendment No 237) (2012-417) — published LW 24 August 2012 Lake Macquarie Local Environmental Plan 2004 (Amendment No 68) (2012-418) — published LW 24 August 2012 South Sydney Local Environmental Plan 1998 (Amendment No 22) (2012-419) — published LW 24 August 2012 Wingecarribee Local Environmental Plan 2010 (Amendment No 5) (2012-420) — published LW 24 August 2012 NEW SOUTH WALES GOVERNMENT GAZETTE No. 86 31 August 2012 OFFICIAL NOTICES 3807 Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney, 28 August 2012 IT is hereby notified, for general information, that His Excellency the Lieutenant-Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 57, 2012 — An Act to amend the Graffiti Control Act 2008 and other Acts to make further provision with respect to the punishment of graffiti offences and removal or obliteration of graffiti; and for other purposes. [Graffiti Legislation Amendment Bill] Act No. 58, 2012 — An Act relating to fiscal responsibility in the management of government finances; to repeal the Fiscal Responsibility Act 2005; and to make consequential amendments to the Public Finance and Audit Act 1983. [Fiscal Responsibility Bill] Act No. 59, 2012 — An Act to apply as a law of this State a national law relating to the registration of community housing providers, to make other provision for community housing providers and community housing and to make consequential amendments to the Housing Act 2001 and to other legislation. [Community Housing Providers (Adoption of National Law) Bill] RONDA MILLER, Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 86 3808 OFFICIAL NOTICES 31 August 2012 OFFICIAL NOTICES Appointments SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 Appointment under Section 9 HER Excellency the Governor, with the advice of the Executive Council, pursuant to the provisions of the Sydney Water Catchment Management Act 1998, has appointed the offi cer listed below to the position as specified: Sydney Catchment Authority Mr Ross YOUNG, Chief Executive [2 October 2012 to 1 October 2017]. The Hon. K. HODGKINSON, M.P., Minister for Primary Industries NEW SOUTH WALES GOVERNMENT GAZETTE No. 86 31 August 2012 OFFICIAL NOTICES 3809 Department of Planning ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 under the Environmental Planning and Assessment Act 1979 I, the Minister for Planning and Infrastructure, in pursuance of section 94E of the Environmental Planning and Assessment Act 1979, give the following Direction. Dated: 21 August 2012. BRADLEY HAZZARD, M.P., Minister for Planning and Infrastructure 1. Name of Direction This Direction is the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012. 2. When Direction takes effect This Direction takes effect on 28 August 2012. 3. Consent authorities to which Direction is given (1) This Direction is given to all councils. (2) This Direction also applies to any joint regional planning panel (“planning panel”) when exercising consent authority functions of one or more councils. 4. No cap on contributions for development on Schedule 1 land This Direction does not apply to a development consent to the extent that it authorises the carrying out of development on any land identifi ed in Schedule 1, but applies to the carrying out of development on all other land within the State. 5. Definitions (1) In this Direction: (a) dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile, and (b) residential lot means a lot created by the subdivision of land for the purpose of a dwelling, not being a lot that, in the opinion of the council (or planning panel), is to be further subdivided for the purpose of creating lots for the purpose of dwellings. Note: See section 4B of the Environmental Planning and Assessment Act 1979 for the meaning of “subdivision of land”. (2) A reference in this Direction to a development consent that authorises a dwelling is a reference to a development consent that authorises the erection of the dwelling or the use of a building or part of a building as a dwelling. Note: See section 4 (2) of the Environmental Planning and Assessment Act 1979 for interpretation of the phrase “erection of a dwelling”. (3) Notes in this Direction do not form part of this Direction. 6. Maximum amount of monetary contributions under s 94 (1) This clause applies to a development consent to the extent that it authorises one or more dwellings or the subdivision of land into residential lots. (2) A council (or planning panel) must not grant development consent (other than for development on land identified in Schedule 2) subject to a condition under section 94 (1) or (3) of the Environmental Planning and Assessment Act 1979 requiring the payment of a monetary contribution that: (a) in the case of a development consent that authorises one or more dwellings, exceeds $20 000 for each dwelling authorised by the consent, or (b) in the case of a development consent that authorises subdivision into residential lots, exceeds $20 000 for each residential lot authorised to be created by the development consent. (3) A council (or planning panel) must not grant development consent for development on any land identifi ed in Schedule 2 subject to a condition under section 94 (1) or (3) of the Environmental Planning and Assessment Act 1979 requiring the payment of a monetary contribution that: (a) in the case of a development consent that authorises one or more dwellings, exceeds $30 000 for each dwelling authorised by the consent, or (b) in the case of a development consent that authorises subdivision into residential lots, exceeds $30 000 for each residential lot authorised to be created by the development consent. NEW SOUTH WALES GOVERNMENT GAZETTE No. 86 3810 OFFICIAL NOTICES 31 August 2012 (4) A council (or planning panel) may, in a particular case, require, as a condition on the grant of development consent, the payment of a monetary contribution that exceeds the maximum amount of the contribution calculated in accordance with subclause (2)
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