7887 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 142 Friday,New 6 September South Wales 2002 Published under authority by the Government Printing Service LEGISLATION Proclamation Proclamations under the New South Wales Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 No 126 New South Wales , Governor I,Proclamation Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the underEnvironmental the Planning and Assessment Amendment (Ski Resort Areas) Act 2001Proclamation, do, by this my Proclamation, appoint 6 September 2002 as the day on Environmentalwhich that Act commences. Planning and Assessment Amendment (Ski SignedResortunder the and Areas) sealed Act at Sydney, 2001 thisNo 126 day of September 2002. Environmental Planning and Assessment Amendment (Ski By Her Excellency's Command, Resort Areas) Act 2001 No 126 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Environmental Planning and Assessment Amendment (Ski Resort Areas), Governor Act 2001, do, by this my Proclamation, appoint 6 September 2002 as the day on whichI, Professor that Act Marie commences. Bashir AC, Governor of the State of NewMinister South for Wales, Planning with the advice of the Executive Council, and in pursuance of section 2 of the SignedEnvironmental andand sealedsealed Planning atat Sydney,Sydney, andGOD this this Assessmen SAVE 2nd day THEt Amendmentof QUEEN!September day of September (Ski 2002. Resort 2002. Areas) Act 2001, do, by this my Proclamation, appoint 6 September 2002 as the day on which that Act commences. By Her Excellency's Command, Signed and sealed at Sydney, this day of September 2002. By Her Excellency's Command, ANDREW REFSHAUGE, M.P., MinisterMinister for for Planning Planning GOD SAVE THE QUEEN! Minister for Planning p02-179-p01.06 GOD SAVE THE QUEEN! Page 1 P:\pr\02\p02-179-06\p01\SIExnote.fm 5/9/02, 9:26am p02-179-p01.06 Page 1 p02-179-p01.06 Page 1 P:\pr\02\p02-179-06\p01\SIExnote.fm 5/9/02, 9:26am P:\pr\02\p02-179-06\p01\SIExnote.fm 5/9/02, 9:26am 7888 LEGISLATION 6 September 2002 New South Wales Proclamation under the Public Sector Employment and Management Act 2002 No 43 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Public Sector Employment and Management Act 2002, do, by this my Proclamation, appoint 9 September 2002 as the day on which that Act (other than the following provisions) commences: (a) Parts 2.4, 2.6 and 2.7, (b) sections 86, 88 and 100, (c) Schedule 7.11 [3]. Signed and sealedsealed atat Sydney,Sydney, thisthis 4th day of September day of 2002. 2002. By Her Excellency’s Command, JOHN DELLA BOSCA, M.L.C., L.S. MinisterMinister Assisting Assisting the the Premier Premier on on Public SectorPublic Management Sector Management GOD SAVE THE QUEEN! p02-142-p01.35 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 142 P:\pr\02\p02-142-35\p01\SIExnote.fm 4/9/02, 5:30pm 6 September 2002 LEGISLATION 7889 Proclamation Explanatory note Explanatory note This Proclamation commences most of the Public Sector Employment and Management Act 2002 with the exception of certain provisions relating to the employment of temporary and casual employees, misconduct and poor performance in the Public Service, secondments and cross-agency employment. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 142 P:\pr\02\p02-142-35\p01\SIExnote.fm 4/9/02, 5:30pm 7890 LEGISLATION 6 September 2002 Regulations Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002 under the Environmental Planning and Assessment Act 1979 Her Excellency the Governor, with the advice of the Executive Council, and on the recommendation of the Minister for Planning made after consultation with the Minister for the Environment, has made the following Regulation under the Environmental Planning and Assessment Act 1979. ANDREW REFSHAUGE, M.P., Minister forfor PlanningPlanning Explanatory note State Environmental Planning Policy No 73—Kosciuszko Ski Resorts provides that certain development in specified ski resort areas within Kosciuszko National Park that until now has been required to be assessed under Part 5 of the Environmental Planning and Assessment Act 1979 (the 1979 Act) will require development consent under Part 4 of that Act. The Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 amended the 1979 Act to provide that the Minister for Planning would be the consent authority for all such development and to enable regulations to be made modifying the operation of the 1979 Act in relation to those ski resort areas. Regulations can also be made in relation to the conversion of existing Part 5 approvals, building consents and the like relating to the ski resort areas into equivalent development consents and certificates under Part 4A of the 1979 Act. The objects of this Regulation are: r02-028-p01.806 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 142 P:\re\02\r02-028-p01.806 5/9/02, 9:14a 6 September 2002 LEGISLATION 7891 Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002 Explanatory note (a) to enable the Director-General of the Department of Planning to issue certificates effecting the conversions referred to above, and (b) to modify the application of the provisions of the 1979 Act and to amend the Environmental Planning and Assessment Regulation 2000: (i) soastorecognisetheroleoftheMinister as the consent authority for development in the ski resort areas and as certifying authority for the purposes of Part 4A of the 1979 Act, and (ii) so as to alter references to “the council” because the Councils for the local government areas of Snowy River and Tumut will not have a role under the 1979 Act in relation to the ski resort areas. The Regulation also imposes special requirements in relation to the preparation of statements of environmental effects to accompany development applications for land in the ski resort areas if the proposed development is advertised development. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 78A, 105 and 157 (the general regulation-making power) and clauses 32B and 32C in Part 8A of Schedule 6 to that Act. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 142 P:\re\02\r02-028-p01.806 5/9/02, 9:14a 7892 LEGISLATION 6 September 2002 Environmental Planning and Assessment Amendment (Ski Resorts) Clause 1 Regulation 2002 Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002. 2 Commencement This Regulation commences on 6 September 2002. 3 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. 142 P:\re\02\r02-028-p01.806 5/9/02, 9:14a 6 September 2002 LEGISLATION 7893 Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002 Schedule 1 Amendments Schedule 1 Amendments (Clause 3) [1] Clause 287 Insert after clause 286: 287 Special provisions relating to ski resort areas Schedule 6 has effect. [2] Schedule 6 Insert after Schedule 5: Schedule 6 Special provisions relating to ski resort areas (Clause 287) Division 1 Preliminary 1 Definitions (1) In this Schedule: converted Part 5 approval means an existing Part 5 approval that is taken to be a development consent by the operation of clause 2 (4). convertible Part 5 approval means an existing Part 5 approval granted before the commencement of this clause (and in force immediately before that commencement) that authorises the carrying out of development for which development consent is required. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 142 P:\re\02\r02-028-p01.806 5/9/02, 9:14a 7894 LEGISLATION 6 September 2002 Environmental Planning and Assessment Amendment (Ski Resorts) Regulation 2002 Amendments Schedule 1 (2) Expressions used in this Schedule that are defined in clause 32A of Schedule 6 to the Act have the meanings set out in that clause. Note. The terms existing Part 5 approval, Part 5 approval and ski resort area are defined in clause 32A of Schedule 6 to the Environmental Planning and Assessment Act 1979. Division 2 Provisions relating to existing Part 5 approvals for ski resort areas 2 Conversion of convertible Part 5 approvals to development consents (1) The Director-General may issue to the holder of a convertible Part 5 approval a certificate certifying that the convertible Part 5 approval is taken to be a development consent that authorises the carrying out of the development authorised by the convertible Part 5 approval. (2) The Director-General may, in the certificate, specify that the development consent is of a particular type because of the conditions imposed on it (for example, a deferred commencement development consent pursuant to in section 80 (3) of the Act or a development consent for staged development pursuant to section 80 (5) of the Act). (3) The Director-General is not to issue a certificate under this clause unless the certificate identifies the classification, in accordance with the Building Code of Australia,ofany building or proposed building the subject of the convertible Part 5 approval concerned. (4) On the issue of the certificate by the Director-General, the convertible Part 5 approval the subject of the certificate is taken: (a) to be a development consent and to be of the type (if any) specified in the certificate, and (b) to have been granted subject to the same conditions as those to which the convertible Part 5 approval was subject.