ACTS
MISCELLANEOUS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- As at 25 June 2008
- Act 205 of 1979
TABLE OF PROVISIONS
TABLE OF PROVISIONS
1. Name of Act
2. Commencement
3. Schedules
4. Repeals
5. Amendments
6. Savings, transitional and other provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- LONG TITLE
An Act to repeal certain Acts and amend certain other Acts, consequent on the
enactment of the Environmental Planning and Assessment Act 1979, and the Land
and Environment Court Act 1979, and to enact savings, transitional and other
provisions consequent on and in connection with the enactment of those Acts.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 1
Name of Act
1 Name of Act
This Act may be cited as the Miscellaneous Acts (Planning) Repeal and Amendment
Act 1979.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 2
Commencement
2 Commencement
(1) This section and section 1 shall commence on the date of assent
to this Act.
(2) Section 5, in its application to a provision of Schedule 2, shall
commence on the day on which that provision commences.
(3) Part 2 of Schedule 2 shall commence on:
(a) the day referred to in section 2 (2) of the Supreme
Court (Summary Jurisdiction) Bail (Amendment) Act 1978, or
(b) the day appointed and notified under section 2 (2) of
the Environmental Planning and Assessment Act 1979,
whichever is the later, or, if those days are the same, shall
commence on that day.
(4) Except as provided in this section, this Act shall commence on
the day appointed and notified under section 2 (2) of the
Environmental Planning and Assessment Act 1979.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 3
Schedules
3 Schedules
This Act contains the following Schedules:
SCHEDULE 1REPEALS
SCHEDULE 2AMENDMENTS
SCHEDULE 3SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 4
Repeals
4 Repeals
Each Act specified in Column 1 of Schedule 1 is, to the extent specified
opposite that Act in Column 2 of that Schedule, repealed.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 5
Amendments
5 Amendments
Each Act specified in Schedule 2 is amended in the manner set forth in that
Schedule.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SECT 6
Savings, transitional and other provisions
6 Savings, transitional and other provisions
Schedule 3 has effect.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SCHEDULE 1
SCHEDULE 1 – Repeals
(Section 4)
_____________________________________________________________________________
|_________________________________________________|
|_____________________________________________________________________________|
|_____________________________________________________________________________|
|1921, No 10 |Land and Valuation Court |The whole Act. |
|_____________________________________________________________________________|
|1927, No 15 |Western Lands (Amendment) |Section 5 (4). |
|_____________________________________________________________________________|
|1937, No 21 |Closer Settlement |So much of the Schedule as |
|_____________________________________________________________________________|
| |Statute Law Revision Act |So much of the Second |
|1937, No 35 |1937 |Schedule as amends Act No |
|_____________________________________________________________________________|
| |Administration of Justice |The matter relating to Part|
|1940, No 11 |Act 1940 |3 in section 2. |
|_____________________________________________________________________________|
| |Local Government (Town and| |
|1945, No 21 |Country Planning) |Section 3. |
|_____________________________________________________________________________|
|1948, No 30 |Local Government (Areas) |Section 26 (q), (r) and |
|_____________________________________________________________________________|
|1951, No 18 |Local Government |Section 8. |
|_____________________________________________________________________________|
|1954, No 13 |Local Government |The unrepealed portion. |
|_____________________________________________________________________________|
|1955, No 13 |Land and Valuation Court |The whole Act. |
|_____________________________________________________________________________|
| | |Section 12. |
| | |So much of the First |
| |Supreme Court Procedure |Schedule as amends Act No |
|1957, No 13 |Act 1957 |10, 1921, and so much of |
| | |the Second Schedule as |
| | |relates to the Land and |
|_____________________________________________________________________________|
|1958, No 21 |Local Government |Section 7 (3) and (8). |
|_____________________________________________________________________________|
|1959, No 21 |Local Government |Section 6 (1) (a) and (b), |
|_____________________________________________________________________________|
| |Valuation of Land and | |
|1961, No 67 |Local Government (Further |Section 4. |
|_____________________________________________________________________________|
| |Local Government (Town and| |
|1962, No 7 |Country Planning) |Section 5. |
|_____________________________________________________________________________|
|1963, No 59 |State Planning Authority |The whole Act. |
|_____________________________________________________________________________|
| | |So much of the First |
| |Industrial Arbitration |Schedule as amends Act No |
|1964, No 37 |(Amendment) Act 1964 |59, 1963, and so much of |
| | |the Second Schedule as |
|_____________________________________________________________________________|
| |Supreme Court and Circuit |Section 11 and so much of |
|1965, No 12 |Courts (Amendment) Act |the Schedule as relates to |
|_____________________________________________________________________________|
| | |So much of the First |
| | |Schedule as amends Act No |
|1965, No 33 |Decimal Currency Act 1965 |59, 1963, and so much of |
| | |the Second Schedule as |
|_____________________________________________________________________________|
| |Local Government (City of |The matter relating to |
|1967, No 48 |Sydney Boundaries) Act |Division 3 of Part 6 in |
| |1967 |section 2. |
|_____________________________________________________________________________|
| |Industrial Arbitration |Section 5 (5). |
|1967, No 86 |(Basic Wage) Amendment Act|So much of the Second |
| |1967 |Schedule as relates to Act |
|_____________________________________________________________________________|
|1970, No 1 |Local Government |Section 9. |
|_____________________________________________________________________________|
| |Land Development | |
|1970, No 22 |Contribution Management |Section 79 (b). |
|_____________________________________________________________________________|
|1970, No 42 |Local Government (Further |Section 3. |
|_____________________________________________________________________________|
| | |So much of the Second |
| | |Schedule as amends section |
|1970, No 52 |Supreme Court Act 1970 |342AC of Act No 41, 1919, |
| | |Act No 10, 1921, and Act No|
|_____________________________________________________________________________|
|1970, No 79 |Clutha Development Pty. |The whole Act. |
|_____________________________________________________________________________|
|1971, No 14 |Local Government |The whole Act. |
|_____________________________________________________________________________|
|1971, No 78 |Local Government (Appeals)|Sections 2, 3, 4 (c), 5 (a)|
|_____________________________________________________________________________|
|1972, No 40 |State Planning Authority |The whole Act. |
|_____________________________________________________________________________|
| | |Paragraphs (z) and (ap) of |
| |Supreme Court (Amendment) |the Second Schedule and so |
|1972, No 41 |Act 1972 |much of paragraph (bb) of |
| | |that Schedule as relates to|
|_____________________________________________________________________________|
|1973, No 9 |District Court Act 1973 |So much of Schedule 2 as |
|_____________________________________________________________________________|
|1974, No 29 |Local Government |Section 3 (b). |
|_____________________________________________________________________________|
| |New South Wales Planning | |
|1974, No 43 |and Environment Commission|The whole Act. |
|_____________________________________________________________________________|
|1975, No 34 |Local Government (Appeals)|Sections 2, 6 and 7. |
|_____________________________________________________________________________|
| |Statutory and Other |So much of Schedule 5 as |
|1976, No 4 |Offices Remuneration Act |amends Act No 10, 1921, and|
|_____________________________________________________________________________|
|1976, No 26 |Local Government |Section 10. |
|_____________________________________________________________________________|
| |Notice of Action and Other|So much of Schedule 1 as |
|1977, No 19 |Privileges Abolition Act |amends Act No 59, 1963. |
|_____________________________________________________________________________|
| | |Section 2 (4), the matter |
|1978, No 64 |Local Government |relating to Schedule 6 in |
| |(Amendment) Act 1978 |section 4, section 6 and |
|_____________________________________________________________________________|
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SCHEDULE 2
SCHEDULE 2
(Section 5)
Part 1 - Amendments
Certain amending provisions are not reprinted: Reprints Act 1972,
section 6.
Water (Amendment) Act 1940 No 57:
Section 4 (4):
Omit Land and Valuation Court wherever occurring, insert
instead Land and Environment Court.
Local Government (Areas) Act 1948 No 30:
Section 34 (1):
Omit the subsection.
Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement
Ratification Act 1950 No 11:
(1)
(a) Section 15 (3):
Omit Land and Valuation Court where firstly
occurring, insert instead Land and Environment Court.
(b) Section 15 (3):
Omit office of the Registrar of the Land and Valuation
Court, insert instead Court.
(c) Section 15 (4):
Omit Land and Valuation Court and the Judge thereof,
insert instead Land and Environment Court.
(2)
(a) Section 20 (1):
Omit Land and Valuation Court, insert instead Land
and Environment Court.
(b) Section 20 (2):
Omit Land and Valuation Court is given to the Registrar
of the said Court, insert instead Land and
Environment Court is filed in the Court.
(c) Section 20 (3):
Omit the subsection, insert instead:
(3) The Land and Environment Court shall have
jurisdiction to hear and dispose of all matters
so referred to it.
Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification Act
1950 No 12:
(1) Section 10 (3):
Omit Land and Valuation Court where firstly occurring, insert
instead Land and Environment Court.
(2) Section 10 (3):
Omit office of the Registrar of the Land and Valuation Court,
insert instead Court.
(3) Section 10 (4):
Omit Land and Valuation Court and the Judge thereof, insert
instead Land and Environment Court.
Australian Oil Refining Limited Agreement Ratification Act 1954 No 34:
(1)
(a) Section 7 (3):
Omit Land and Valuation Court where firstly
occurring, insert instead Land and Environment Court.
(b) Section 7 (3):
Omit office of the Registrar of the Land and
Valuation.
(c) Section 7 (4):
Omit Land and Valuation Court and the Judge thereof,
insert instead Land and Environment Court.
(2) Section 10:
Omit the section.
Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 No
43:
(1) Section 12 (3):
Omit Land and Valuation Court where firstly occurring, insert
instead Land and Environment Court.
(2) Section 12 (3):
Omit in the office of the Registrar of the Land and Valuation
Court, insert instead in the Court.
(3) Section 12 (4):
Omit Land and Valuation Court and the Judge thereof, insert
instead Land and Environment Court.
Local Government (Town and Country Planning) Amendment Act 1962 No 7:
Section 7:
Omit the section.
Australian Lubricating Oil Refinery Limited Agreement Ratification Act 1962 No
16:
Section 7:
Omit the section.
Whittingham to Mount Thorley Railway Act 1975 No 51:
Section 6:
After under that Act, insert , of the Environmental Planning
and Assessment Act, 1979, or an environmental planning instrument
within the meaning of that Act,.
Irrigation Areas (Conversion of Leases) Act 1977 No 61:
Section 8:
Omit Land and Valuation Court, insert instead Land and
Environment Court.
MISCELLANEOUS ACTS (PLANNING) REPEAL AND AMENDMENT ACT 1979
- SCHEDULE 3
SCHEDULE 3 – Savings, transitional and other provisions
(Section 6)
1 Interpretation
(1) In this Schedule, except in so far as the context or subject-
matter otherwise indicates or requires:
"appointed day" means the day appointed and notified under section 2
(2) of the Environmental Planning and Assessment Act 1979.
"Authority" means the State Planning Authority of New South Wales as
constituted under the State Planning Authority Act 1963.
"Commission" means the New South Wales Planning and Environment
Commission as constituted under the New South Wales Planning and
Environment Commission Act 1974.
"former planning instrument" means a prescribed scheme or an interim
development order or The Town and Country Planning (General Interim
Development) Ordinance.
"former tribunal" means the Land and Valuation Court, the Local
Government Appeals Tribunal, a Valuation Board of Review or the Clean
Waters Appeals Board.
"interim development order" means an interim development order within
the meaning of Part 12A.
"new Court" means the Land and Environment Court.
"Part 12A" means Part 12A of the Local Government Act 1919 as in
force at any time.
"prescribed scheme" means a prescribed scheme within the meaning of
Part 12A.
"regulations" means regulations under clause 38.
(2) Except in so far as the context or subject-matter otherwise
indicates or requires, expressions used in this Schedule have the
same meanings as in the Environmental Planning and Assessment Act
1979.
(3) In this Schedule, a reference to a subclause is, unless a
contrary intention appears, a reference to a subclause of the clause
in which the reference occurs.
2 Former planning instruments
(1) A former planning instrument, as in force immediately before the
appointed day, shall, subject to this Act have full force and effect
according to its tenor and shall be deemed to be a deemed
environmental planning instrument.
(2) Where, in the opinion of the Minister administering the
Environmental Planning and Assessment Act 1979, a provision of a
former planning instrument is inconsistent with or contains a
provision that deals with the same or like matter which is dealt with
by any provision of the Environmental Planning and Assessment Act
1979, or the regulations thereunder, the Minister administering the
Environmental Planning and Assessment Act 1979 may, by order
published in the Gazette, amend the former planning instrument in
such a manner as, in his opinion, will remove the inconsistency or
the provision dealing with the same or like matter, as the case may
be, but no such order shall take effect before the appointed day.
3 Schemes in preparation
(1) Where, immediately before the appointed day, a scheme under Part
12A has reached a stage of preparation which, in the opinion of the
Minister administering the Environmental Planning and Assessment Act
1979, warrants completion in accordance with this clause, the
Minister administering the Environmental Planning and Assessment Act
1979 may, by order published in the Gazette, direct that further
preparation of that scheme be continued in accordance with such of
the provisions of Part 3 of the Environmental Planning and Assessment
Act 1979, as are specified in that order as if that scheme were a
draft environmental planning instrument.
(2) A scheme prepared in accordance with directions given pursuant to
subclause (1) shall, if made by the Minister administering the
Environmental Planning and Assessment Act 1979, be deemed to be an
environmental planning instrument notwithstanding any failure to
comply with the provisions of Part 3 of the Environmental Planning
and Assessment Act 1979, with respect to the making of such an
instrument.
(3) A scheme, the subject of an order made under subclause (1), which
has received a certificate under section 342F (2) or 342GB (2) of the
Local Government Act 1919, shall be deemed to be a draft
environmental planning instrument within the meaning of section 90
(1) (a) (ii) of the Environmental Planning and Assessment Act 1979.
(4) In subclauses (1) and (2), a reference to a scheme includes a
reference to:
(a) an interim development order, and
(b) an instrument prepared or in the course of preparation
by the Commission or by a regional planning committee
constituted under Part 4 of the State Planning Authority
Act 1963, and declared by the Minister administering the
Environmental Planning and Assessment Act 1979 to be an
instrument to which this clause applies.
4 Model provisions
The provisions of any standard or model provisions, adopted wholly or partially
by reference by a former planning instrument, in accordance with section 342U
(3) of the Local Government Act 1919 shall be deemed, for the purposes of that
instrument, to be a set of model provisions made under section 33 of the
Environmental Planning and Assessment Act 1979 and may be amended or revoked
accordingly.
5 Applications
(1) Where, immediately before the appointed day, an application for
consent, approval or permission under a former planning instrument
has not been finally determined, the application shall, subject to
this clause, be determined as if this Act and the Environmental
Planning and Assessment Act 1979 had not been enacted.
(2) For the purposes of subclause (1), an application is not finally
determined unless:
(a) consent, approval or permission is granted or refused
in respect of that application and no appeal is lodged
within a period of 12 months from the date of granting or
refusing the application, or
(b) where an appeal is lodged within the period of 12
months referred to in paragraph (a)that appeal is
finally disposed of.
(3) An appeal that would, but for this subclause, be made on or after
the appointed day to a former tribunal in relation to any matter
referred to in this clause shall be made to the new Court, and shall,
for the purposes of the Land and Environment Court Act 1979, be
treated as an appeal under section 97 of the Environmental Planning
and Assessment Act 1979.
6 Development prohibited except with consent
A provision of a former planning instrument to the effect that development may
not be carried out except with a specified consent, approval or permission
shall be deemed to be a provision to the effect that that development may not
be carried out except with consent under the Environmental Planning and
Assessment Act 1979 being obtained therefor.
7 Consents, approvals and permissions
(1) Any consent, approval or permission granted in respect of an
application made under a former planning instrument, and in force
immediately before the appointed day, shall, subject to subclause
(2), continue in full force and effect subject to:
(a) the operation of any provision of that instrument or
any term or condition of that consent, approval or
permission governing or relating to the currency, duration
or continuing legal effect of that consent, approval or
permission, and
(b) the operation of any condition (other than that
referred to in paragraph (a)), restriction or limitation,
subject to which that consent, approval or permission was
granted.
(2) Where no provision or term or condition of the type referred to
in subclause (1) (a) operates in respect of a consent, approval or
permission therein mentioned, the provisions of section 99 of the
Environmental Planning and Assessment Act 1979 shall apply to that
consent, approval or permission as if it were a consent referred to
in that section which had taken effect on the appointed day.
(3) The provisions of section 103 of the Environmental Planning and
Assessment Act 1979 shall apply to a consent referred to in subclause
(1) as if that consent were a consent referred to in that section.
(4) A consent, approval or permission referred to in subclause (1) is
taken to be a development consent within the meaning of the
Environmental Planning and Assessment Act 1979.
8 Directions under s 342V (3) of Local Government Act 1919
A direction given under section 342V (3) of the Local Government Act 1919, and
in force immediately before the appointed day shall be deemed to be a direction
given in the same terms under section 101 of the Environmental Planning and
Assessment Act 1979.
9 Proclamations under s 313 (j) of Local Government Act 1919
A proclamation under section 313 (j) of the Local Government Act 1919 and in
force immediately before the appointed day shall be deemed to have been made
under section 313 (2) (b) of that Act, as amended by this Act.
12 Resumptions and appropriations
(1) Land reserved or zoned for a public purpose by a deemed
environmental planning instrument shall be deemed for the purposes of
section 116 of the Environmental Planning and Assessment Act 1979 to
be land reserved for that purpose pursuant to section 26 (c) of that
Act.
(2) Upon the resumption or appropriation of land referred to in
subclause (1):
(a) any compensation recovered under section 342AC of the
Local Government Act 1919 in respect of the reservation or
zoning shall be deducted from the compensation otherwise
payable by virtue of the resumption or appropriation, and
(b) no compensation under that section is payable in
respect of a claim referred to in clause 13.
13 Compensation
Where a claim for compensation under section 342AC of the Local Government Act
1919 was made before the appointed day, but proceedings to enforce that claim
have not been instituted or completed as at that day, that claim may, subject
to clause 12, be enforced as if this Act and the Environmental Planning and
Assessment Act 1979 had not been enacted.
14 Construction of references to Part 12A, schemes, etc
(1) On and from the appointed day, a reference in any other Act or in
any regulation, by-law or other statutory instrument, or in any other
document, whether of the same or of a different kind:
(a) to Part 12A shall be read and construed as a reference
to the Environmental Planning and Assessment Act 1979,
(b) to any provision of that Part shall be read and
construed as a reference to the corresponding provision, if
any, of the Environmental Planning and Assessment Act 1979,
(c) to a specified prescribed scheme or an interim
development order made under that Part shall be read and
construed as a reference to the deemed environmental
planning instrument that that prescribed scheme or interim
development order is deemed by this Schedule to be,
(d) to a prescribed scheme or an interim development order
made under that Part, that is not identified by the
reference, shall be read and construed as a reference to an
environmental instrument,
planning (e) except as provided in paragraph (d), to a planning
scheme prepared under that Part shall be read and construed
as a reference to a draft local environmental plan in
respect of which a certificate has been issued under
section 65 of the Environmental Planning and Assessment Act
1979, and
(f) to prescribed qualifications with respect to town or
country planning shall be read and construed as a reference
to qualifications in environmental planning prescribed
under the Environmental Planning and Assessment Act 1979,
subject to the regulations and except in so far as the context or
subject-matter otherwise indicates or requires.
(2) Subclause (1) does not apply to references in section 254A of the
Crown Lands Consolidation Act 1913, the Land Development Contribution
Management Act 1970, or any other prescribed enactments, instruments
or documents.
15 Agreements under s 342AN of Local Government Act 1919
Notwithstanding the repeal of Part 12A, any agreement entered into in
accordance with section 342AN of the Local Government Act 1919 continues in
force as if that Part had not been repealed, but any such agreement may be
amended, varied or cancelled.
16 Certain full-time commissioners entitled to re-appointment in former
employment
(1) In this clause:
"officer or employee of a prescribed authority" does not include a
commissioner or a member of any prescribed body.
"prescribed body" means a statutory body (other than the Commission)
declared under section 4 (2) of the New South Wales Planning and
Environment Commission Act 1974 to be a statutory body for the
purposes of that Act.
"retiring age" means:
(a) in relation to a person who was, immediately before his
appointment as a commissioner, an officer of the Public
Servicethe age of 60 years, and
(b) in relation to a person who was, immediately before his
appointment as a commissioner, an officer or employee of a
prescribed authoritythe age at which officers or
employees, as the case may be (being officers or employees
of the class to which that person belonged immediately
before his appointment as a commissioner), of that
prescribed authority are entitled to retire.
(2) A person holding office at the appointed day under section 6 (2)
(a) of the New South Wales Planning and Environment Commission Act
1974 not being a person who has attained the retiring age, is, unless
appointed as the Director, entitled to be appointed, where,
immediately before his appointment as a commissioner, he was:
(a) an officer of the Public Serviceto some position in
the Public Service, or
(b) an officer or employee of some prescribed
authorityto some office in the service of that
prescribed authority,
not lower in classification and salary than that which he held
immediately before his appointment as a commissioner.
17 Full-time members of Commission, other than as referred to in clause 16
(1) This clause does not apply to a person entitled to an appointment
under clause 16.
(2) A person holding office at the appointed day under section 6 (2)
(a) of the New South Wales Planning and Environmental Commission Act
1974 is, unless appointed as the Director, entitled:
(a) to be appointed by the Governor to a position in the
service of the Crown for the balance of his term of office
under section 6 of that Act, at a salary (not less than
that payable to him immediately before the appointed day)
determined by the Governor, and
(b) to retain all other rights and privileges conferred
upon him by that Act other than the right to appointment
under that section.
(3) Notwithstanding the repeal by this Act of the New South Wales
Planning and Environment Commission Act 1974 the provisions of
section 10 (1) of that Act (paragraphs (d), (i), (j) and (k)
excepted), apply to a person referred to in subclause (2) of this
clause as if the repeal had not been effected, and so apply as if a
reference therein to a full-time commissioner were a reference to
that person.
(4) The provisions of the Public Service Act 1979 do not apply to or
in respect of the appointment of a person under this clause and such
a person is not, in his capacity as such an appointee, subject to the
provisions of that Act.
18 Officers and employees of Commission
(1) The persons who, immediately before the appointed day, were
officers and temporary employees of the Commission shall, at that
date, become officers and temporary employees of the Department.
(2) Notwithstanding the repeal by this Act of the New South Wales
Planning and Environment Commission Act 1974 the provisions of
section 16 of that Act continue to apply in relation to the persons
referred to in subclause (1) as if the repeal had not been effected.
19 Transfer of property, rights, obligations, etc
(1) On and from the appointed day:
(a) all real and personal property and all right and
interest therein and all management and control thereof
that, immediately before that day, was vested in or
belonged to the Commission shall vest in and belong to the
corporation,
(b) all money and liquidated and unliquidated claims that,
immediately before that day, were payable to or recoverable
by the Commission shall be money and liquidated and
unliquidated claims payable to or recoverable by the
corporation,
(c) all proceedings commenced before that day by the
Commission and pending immediately before that day shall be
deemed to be proceedings pending on that day by the
corporation and all proceedings so commenced by any person
against the Commission and pending immediately before that
day shall be deemed to be proceedings pending on that day
by that person against the corporation,
(d) all contracts, agreements, arrangements and
undertakings entered into with, and all securities lawfully
given to or by, the Commission and in force immediately
before that day shall be deemed to be contracts,
agreements, arrangements and undertakings entered into with
and securities given to or by the corporation,
(e) the corporation may, in addition to pursuing any other
remedies or exercising any other powers that may be
available to it, pursue the same remedies for the recovery
of money and claims referred to in this clause and for the
prosecution of actions and proceedings so referred to as
the Commission might have done but for the enactment of
this Act,
(f) the corporation may enforce and realise any security or
charge existing immediately before that day in favour of
the Commission and may exercise any powers thereby
conferred on the Commission as if the security or charge
were a security or charge in favour of the corporation,
(g) all debts, money and claims, liquidated and
unliquidated, that, immediately before that day, were due
or payable by, or recoverable against, the Commission shall
be debts due by, money payable by and claims recoverable
against, the corporation, and
(h) all liquidated and unliquidated claims for which the
Commission would, but for the enactment of this Act, have
been liable shall be liquidated and unliquidated claims for
which the corporation shall be liable.
(2) No attornment to the corporation by a lessee from the Commission
shall be required.
20 Construction of references to Authority or Commission
(1) On and from the appointed day, a reference in any other Act or in
any regulation, by-law or other statutory instrument or in any other
document, whether of the same or of a different kind, to the
Authority or the Commission or the Chairman or a member thereof
shall, subject to the regulations, be read and construed as a
reference to the corporation, Director or Department, whichever is
appropriate.
(2) Subclause (1) does not apply to references in the Environmental
Planning and Assessment Act 1979, the Chipping Norton Lake Authority
Act 1977 or any other prescribed enactments, instruments or
documents.
21 Development funds
(1) All fixed assets and fixed liabilities comprised in the
Cumberland Development Fund established under the State Planning
Authority Act 1963 and transferred to the corporation in pursuance of
this Schedule shall:
(a) except as provided in paragraph (b)form part of the
Development Fund for the Sydney Region, or
(b) where those assets and liabilities relate to the City
of Greater Wollongongform part of the Development Fund
for the Illawarra Region to the extent determined by the
Minister administering the Environmental Planning and
Assessment Act 1979.
(2) All fixed assets and fixed liabilities comprised in the
Northumberland Development Fund established under the State Planning
Authority Act 1963 and transferred to the corporation in pursuance of
this Schedule shall form part of the Development Fund for the Hunter
Region.
22 Loans
(1) The due repayment of any money borrowed after 26 May 1972 by the
authority or the Commission and of the interest thereon is hereby
guaranteed by the Government.
(2) Any liability arising from such a guarantee shall be payable out
of money provided by Parliament.
(3) A reference, in Part 7 of or Schedule 6 to the Environmental
Planning and Assessment Act 1979, to a loan or renewal loan raised by
the corporation includes a reference to a loan or renewal loan raised
by the Authority or the Commission.
23 Development areas
(1) The following areas shall be deemed to have been constituted
under section 132 of the Environmental Planning and Assessment Act
1979 as a development area, to be known as the Sydney Region
Development Area, namely:
Cities of Sydney, Blacktown, Fairfield, Liverpool,
Parramatta, Penrith and Campbelltown.
Municipalities of Ashfield, Auburn, Bankstown, Botany,
Burwood, Camden, Canterbury, Concord, Drummoyne, Holroyd,
Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane
Cove, Leichhardt, Manly, Marrickville, Mosman, North
Sydney, Randwick, Rockdale, Ryde, South Sydney,
Strathfield, Waverley, Willoughby, Windsor and Woollahra.
Shires of Baulkham Hills, Gosford, Hornsby, Sutherland,
Warringah and Wyong.
(2) The following areas shall be deemed to have been constituted
under section 132 of the Environmental Planning and Assessment Act
1979 as a development area, to be known as the Hunter Region
Development Area, namely:
Cities of Newcastle, Greater Cessnock and Maitland.
Municipality of Lake Macquarie.
Shire of Port Stephens.
(3) The following areas shall be deemed to have been constituted
under section 132 of the Environmental Planning and Assessment Act
1979 as a development area, to be known as the Illawarra Region
Development Area, namely:
Cities of Wollongong and Shoalhaven.
Municipalities of Bowral, Kiama and Shellharbour.
Shires of Mittagong and Wingecarribee.
(4) A development area referred to in this clause may be altered or
abolished under section 133 of the Environmental Planning and
Assessment Act 1979.
(5) Section 135 of the Environmental Planning and Assessment Act 1979
does not apply to a development area as deemed to have been
constituted under this clause.
24 Amendments made by repealed Act
The amendments made by section 22 of and the Schedule to the New South Wales
Planning and Environment Commission Act 1974, except the amendment of section
342B of the Local Government Act 1919, continue to have force and effect as if
the New South Wales Planning and Environment Commission Act 1974 had not been
repealed by this Act.
25 Activity under s 519C (7) or Div 3A of Pt 24 of Local Government Act 1919
Any act, matter or thing done or omitted by the Commission under or for the
purposes of section 519C (7) or Division 3A of Part 24 of the Local Government
Act 1919 shall be deemed to have been done or omitted by the Director under or
for the purposes of that subsection or Division as in force after the appointed
day.
26 Appointment of Director before appointed day
A person may be appointed before the appointed day as Director, but his term of
office as such shall not commence before the appointed day.
27 Unexpended funds appropriated in connection with the Commission
The sums authorised by the Appropriation Act 1979 to be appropriated out of the
Consolidated Revenue Fund and to be issued and applied for or towards
expenditure under the heading Minister for Planning and Environment in
connection with the Commission shall be deemed, to the extent that, at the
appointed day, they have not been so issued or applied, to be sums authorised
by that Act to be appropriated out of that Fund and to be issued and applied
for or towards expenditure in connection with the corporation, Director and the
Department.
28 Proceedings pending in former tribunals
(1) Any proceedings (other than proceedings referred to in subclause
(2)):
(a) pending in a former tribunal immediately before the
appointed day, or
(b) pending in the Supreme Court immediately before that
day and that would, but for this Act, be required
thereafter to be remitted to the Land and Valuation Court,
otherwise than on an appeal from that Court to the Supreme
Court,
shall be deemed to be proceedings pending in the new Court, and shall
be continued in and disposed of by the new Court accordingly.
(2) Any proceedings pending in the Supreme Court or the Land and
Valuation Court under section 10 of the Growth Centres (Land
Acquisition) Act 1974 immediately before the appointed day shall be
deemed to be proceedings pending in the new Court, and shall be
continued in and disposed of by the new Court accordingly, as if that
section had not been amended by this Act, but as if:
(a) references in that section to the Supreme Court and the
Land and Valuation Court were references to the new Court,
and
(b) subsection (5) of that section were amended by omitting
the words Upon remission to the Land and Valuation Court
of proceedings instituted under subsection (2) in respect
of a resumption, that Court and by inserting instead the
words In proceedings instituted under subsection (2) in
respect of a resumption, the Land and Environment Court.
(3) The person who was the registrar or other officer having the
custody of any records of a former tribunal or the Supreme Court
immediately before the appointed day shall, as soon as practicable
after that day, forward to the new Court all documents held by him
and relating to any proceedings referred to in subclause (1) or (2).
29 Other pending proceedings
Any proceedings pending in the Supreme Court or the District Court or before
any other body or person immediately before the appointed day (being
proceedings which, on or after that day, may only be commenced in the new
Court, but excluding proceedings referred to in clause 28) shall be continued
and disposed of as...