10627 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 141 Friday, 7 November 2008 Published under authority by Government Advertising LEGISLATION Allocation of Administration of Acts The Department of Premier and Cabinet, Sydney 5 November 2008 TRANSFER OF THE ADMINISTRATION OF THE WESTERN SYDNEY PARKLANDS ACT 2006 HER Excellency the Governor, with the advice of the Executive Council, has approved of the administration of the Western Sydney Parklands Act 2006 being vested in the Premier, subject to the administration of any Act, to the extent that it directly amends another Act, being vested in the Minister administering the other Act or the relevant portion of it. The arrangements are in substitution for those in operation before the date of this notice. NATHAN REES, Premier 10628 LEGISLATION 7 November 2008 Regulations New South Wales Environmental Planning and Assessment Amendment (Warnervale Contributions) Regulation 2008 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. KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Regulation is to prohibit a development application being determined in relation to land in the State significant site of Warnervale Town Centre, as described in State Environmental Planning Policy (Major Projects) 2005, until a contributions plan under section 94EA of the Environmental Planning and Assessment Act 1979 has been approved for the State significant site. A contributions plan is not required for the determination of a development application if: (a) the development application is, in the opinion of the consent authority, of a minor nature, or (b) the developer has entered into an agreement with the consent authority that makes adequate provision in relation to the matters that may be the subject of the contributions plan. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 80 (11) and 157 (the general regulation-making power). s2008-337-04.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 7 November 2008 LEGISLATION 10629 Environmental Planning and Assessment Amendment (Warnervale Clause 1 Contributions) Regulation 2008 Environmental Planning and Assessment Amendment (Warnervale Contributions) Regulation 2008 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Warnervale Contributions) Regulation 2008. 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 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 10630 LEGISLATION 7 November 2008 Environmental Planning and Assessment Amendment (Warnervale Contributions) Regulation 2008 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 271B Insert in appropriate order: 271B Contributions plans for Warnervale Town Centre State significant sites (1) Pursuant to section 80 (11) of the Act, a development application in relation to all or part of the Warnervale Town Centre State significant site must not be determined by the consent authority unless a contributions plan under section 94EA of the Act has been approved for that State significant site. (2) Despite subclause (1), a consent authority may dispense with the need for a contributions plan referred to in that subclause if: (a) the development application is, in the opinion of the consent authority, of a minor nature, or (b) the developer has entered into an agreement with the consent authority that makes adequate provision with respect to the matters that may be the subject of a contributions plan. (3) In this clause, Warnervale Town Centre State significant site means the Warnervale Town Centre, being the land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 24) applies. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 7 November 2008 LEGISLATION 10631 New South Wales Environmental Planning and Assessment Amendment (Wyong State Significant Sites Contributions) Regulation 2008 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. KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Regulation is to prohibit a development application being determined in relation to land in the Wyong State significant site of Wyong Employment Zone, as described in State Environmental Planning Policy (Major Projects) 2005, until a contributions plan under section 94EA of the Environmental Planning and Assessment Act 1979 has been approved for the State significant site. A contributions plan is not required for the determination of a development application if: (a) the development application is, in the opinion of the consent authority, of a minor nature, or (b) the developer has entered into an agreement with the consent authority that makes adequate provision in relation to the matters that may be the subject of the contributions plan. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 80 (11) and 157 (the general regulation-making power). s2008-044-28.d14 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 10632 LEGISLATION 7 November 2008 Environmental Planning and Assessment Amendment (Wyong State Clause 1 Significant Sites Contributions) Regulation 2008 Environmental Planning and Assessment Amendment (Wyong State Significant Sites Contributions) Regulation 2008 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Wyong State Significant Sites Contributions) Regulation 2008. 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 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 7 November 2008 LEGISLATION 10633 Environmental Planning and Assessment Amendment (Wyong State Significant Sites Contributions) Regulation 2008 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 271A Insert after clause 271: 271A Contributions plans for Wyong State significant sites (1) Pursuant to section 80 (11) of the Act, a development application in relation to all or part of a Wyong State significant site must not be determined by the consent authority unless a contributions plan under section 94EA of the Act has been approved for that State significant site. (2) Despite subclause (1), a consent authority may dispense with the need for a contributions plan referred to in that subclause if: (a) the development application is, in the opinion of the consent authority, of a minor nature, or (b) the developer has entered into an agreement with the consent authority that makes adequate provision with respect to the matters that may be the subject of a contributions plan. (3) In this clause, Wyong State significant site means the Wyong Employment Zone, being the land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 21) applies. Page 3 FAIR TRADING AMENDMENT (FUNERAL GOODS AND SERVICES) REGULATION 2008 Erratum THE Fair Trading Amendment (Funeral Goods and Services) Regulation 2008 published in the Government Gazette on 31st October 2008 No 138 folio 10505 contained an error. The Ministers name appeared incorrectly: DIANNE JUDGE, M.P., Minister for Fair Trading This should have read: VIRGINIA JUDGE, M.P., Minister for Fair Trading This erratum now amends that error with the gazettal date remaining 31st October 2008. NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 10634 LEGISLATION 7 November 2008 Rules New South Wales Service and Execution of Process Act (Courts other than Supreme Court) (Repeal) Rules 2008 under the Supreme Court Act 1970 The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 3 November 2008. Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to repeal the Service and Execution of Process Act (Courts other than Supreme Court) Rules 1972. Those rules became obsolete on the commencement of the Service and Execution of Process Act 1992 of the Commonwealth, and have since been superseded by Part 71A of the Supreme Court Rules 1970. s2008-301-18.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 7 November 2008 LEGISLATION 10635 Service and Execution of Process Act (Courts other than Supreme Court) Rule 1 (Repeal) Rules 2008 Service and Execution of Process Act (Courts other than Supreme Court) (Repeal) Rules 2008 under the Supreme Court Act 1970 1 Name of Rules These Rules are the Service and Execution of Process Act (Courts other than Supreme Court) (Repeal) Rules 2008. 2 Amendment of Service and Execution of Process Act (Courts other than Supreme Court) Rules 1972 The Service and Execution of Process Act (Courts other than Supreme Court) Rules 1972 are repealed. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 10636 LEGISLATION 7 November 2008 New South Wales Supreme Court Rules (Amendment No 415) 2008 under the Supreme Court Act 1970 The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 3 November 2008. Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to omit Part 66A of the Supreme Court Rules 1970, together with an associated form, as a consequence of Part 66A having been replicated in the Uniform Civil Procedure Rules 2005. s2008-313-18.d05 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 141 7 November 2008 LEGISLATION 10637 Rule 1 Supreme Court Rules (Amendment No 415) 2008 Supreme Court Rules (Amendment No 415) 2008 under the Supreme Court Act 1970 1 Name of Rules These Rules are the Supreme Court Rules (Amendment No 415) 2008. 2 Amendment of Supreme Court Rules 1970 The Supreme Court Rules 1970 are amended by omitting Part 66A and Form 70B in Schedule F.