9299 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 201 Friday, 1 November 2002 Published under authority by the Government Printing Service LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney, 25 October 2002 IT is hereby notifi ed, for general information, that Her Excellency the 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. 79 2002 - An Act to amend the Crimes (Administration of Sentences) Act 1999 to make provision with respect to segregated and protective custody, the appointment of recognised interstate correctional offi cers and drug and alcohol testing of correctional staff; and for other purposes. [Crimes (Administration of Sentences) Further Amendment Bill] Act No. 80 2002 - An Act to amend the Parliamentary Electorates and Elections Act 1912 in relation to the registration of political parties. [Parliamentary Electorates and Elections Amendment (Party Registration) Bill] Legislative Assembly Offi ce, Sydney, 29 October 2002 IT is hereby notifi ed, for general information, that Her Excellency the 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.: 9300 LEGISLATION 1 November 2002 Act No. 81 2002 - An Act to amend the Agricultural Industry Services Act 1998 to make provision for committees established under that Act or the corresponding Act of Victoria or another State or Territory to represent the interests of producers of agricultural commodities in New South Wales and elsewhere; to repeal the Murray Valley Citrus Marketing Act 1989; and for other purposes. [Agricultural Industry Services Amendment (Interstate Arrangements) Bill] Act No. 82 2002 - An Act to amend the Farm Debt Mediation Act 1994 so as to provide for farmer-initiated mediation in respect of farm debts, for certificates of exemption from enforcement action and for review of certain decisions of the New South Wales Rural Assistance Authority; and for other purposes. [Farm Debt Mediation Amendment Bill] Act No. 83 2002 - An Act to make provision with respect to the functions of the Surveyor-General, the registration of surveyors, the control of surveys and the constitution and functions of the Board of Surveyors and Spatial Information; to repeal the Surveyors Act 1929, the Survey Co-ordination Act 1949 and certain other Acts and instruments; to make consequential amendments to certain other Acts and instruments; and for other purposes. [Surveying Bill] Act No. 84 2002 - An Act to amend the Totalizator Agency Board Privatisation Act 1997 and other legislation relating to shareholding interests in TAB Limited; and for other purposes. [Totalizator Agency Board Privatisation Amendment Bill] RUSSELL D. GROVE, PSM Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 1 November 2002 LEGISLATION 9301 Proclamations New South Wales Proclamation under the Local Government Amendment (Filming) Act 2000 No 6 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 Local Government Amendment (Filming) Act 2000, do, by this my Proclamation, appoint 1 November 2002 as the day on which the uncommenced provisions of that Act commence. Signed and sealedsealed atat Sydney,Sydney, thisthis 30th day of dayOctober of October 2002. 2002. By Her Excellency’s Command, L.S. HARRY WOODS, M.P., Minister for Local Government GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the uncommenced provisions of the Local Government Amendment (Filming) Act 2000. Those provisions relate to council proposals to grant leases, licences or other estates in respect of community land in order to allow a filming project to be carried out on community land. Regulations under the Local Government Act 1993 prescribing (among other things) the manner in which those proposals must be notified or advertised (in addition to the notification required to be given under section 47 of that Act) commence on the same day as the uncommenced provisions. p02-212-p01.10 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 9302 LEGISLATION 1 November 2002 New South Wales Proclamation under the Miscellaneous Acts Amendment (Relationships) Act 2002 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 Miscellaneous Acts Amendment (Relationships) Act 2002, do, by this my Proclamation, appoint 1 November 2002 as the day on which that Act commences. Signed and sealedsealed atat Sydney,Sydney, thisthis 30th day of dayOctober of 2002. 2002. By Her Excellency’s Command, BOB DEBUS, M.P., L.S. Attorney GeneralGeneral GOD SAVE THE QUEEN! p02-217-p01.22 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 1 November 2002 LEGISLATION 9303 New South Wales Proclamation under the National Parks and Wildlife Amendment Act 2001 No 130 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 National Parks and Wildlife Amendment Act 2001, do, by this my Proclamation, appoint 1 November 2002 as the day on which Schedule 3 [16] to that Act commences. Signed andand sealedsealed atat Sydney, Sydney, this this 30th day of dayOctober of October 2002. 2002. By Her Excellency’s Command, BOB DEBUS, M.P., L.S. Minister for the Environment GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence Schedule 3 [16] to the National Parks and Wildlife Amendment Act 2001. Schedule 3 [16] omits section 108 from the National Parks and Wildlife Act 1974 (the offence of possessing more than 19 birds that are protected fauna without appropriate authorisation). p02-216-p01.42 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 9304 LEGISLATION 1 November 2002 Regulations New South Wales Environmental Planning and Assessment Further Amendment (Fees) Regulation 2002 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. ANDREW REFSHAUGE, M.P., Minister for PlanningPlanning Explanatory note The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 so as: (a) to prescribe certain services provided within the Department of Planning for which fees may be imposed in connection with development applications, and (b) to vary the fees payable with respect to certain development applications so as to include a component with respect to the services referred to in paragraph (a), and (c) to require consent authorities to account for, and remit to the Department of Planning, amounts equivalent to the fee component referred to in paragraph (b), and (d) to make consequential amendments to ensure that other fees are not affected by the variations referred to in paragraph (b). This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general power to make regulations). r02-246-p01.18 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 1 November 2002 LEGISLATION 9305 Environmental Planning and Assessment Further Amendment (Fees) Clause 1 Regulation 2002 Environmental Planning and Assessment Further Amendment (Fees) Regulation 2002 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Further Amendment (Fees) Regulation 2002. 2 Commencement This Regulation commences on 1 November 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 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 9306 LEGISLATION 1 November 2002 Environmental Planning and Assessment Further Amendment (Fees) Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 245 What is the maximum fee? Insert after clause 245 (2) (f): (g) the monitoring and reviewing by the Director-General of the practices and procedures followed by consent authorities in dealing with development applications: (i) for the purpose of assessing the efficiency and effectiveness of those practices and procedures, and (ii) for the purpose of ensuring that those practices and procedures comply with the provisions of the Act and this Regulation, (h) the monitoring and reviewing by the Director-General of the provisions of environmental planning instruments: (i) that control development, or (ii) that are required to be taken into consideration by consent authorities when dealing with development applications, for the purposes of assessing the effectiveness of those provisions in achieving their intended effect and making recommendations for their improvement. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 201 1 November 2002 LEGISLATION 9307 Environmental Planning and Assessment Further Amendment (Fees) Regulation 2002 Schedule 1 Amendments [2] Clause 246 What is the fee for a development application? Omit the Table to the clause. Insert instead, at the end of the clause: Table Estimated cost Maximum fee payable Up to $5,000 $110 $5,001–$50,000 $170, plus an additional $3 for each $1,000 (or part of $1,000) of the estimated cost. $50,001–$250,000 $352, plus an additional $3.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $50,000. $250,001–$500,000 $1,160, plus an additional $2.34 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000. $500,001–$1,000,000 $1,745, plus an additional $1.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.