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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

Part 1 - Provision consequent on enactment of Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023

1 Continuation of special infrastructure contributions

(1) The former SIC provisions, including anything done under the provisions, continue to apply, subject to the regulations under subclause (4), to--
(a) a determination made under the former section 7.23 (a
"7.23 determination" ), and
(b) a direction made under the former section 7.24 (a
"7.24 direction" ), and
(c) a condition of development consent imposed under former section 7.24.
(2) A 7.23 determination or 7.24 direction in force immediately before the commencement of the amending Act, Schedule 1[8[#93] continues in force until repealed--
(a) under the former SIC provisions, or
(b) by a Ministerial planning order.
(3) The instrument that repeals a 7.23 determination or a 7.24 direction may contain savings and transitional provisions consequent on the repeal.
(4) The regulations may make provision about the continued application of the former SIC provisions, including the following--
(a) specifying determinations and directions made under the former section 7.23 and the former section 7.24, respectively, to which the former SIC provisions do not apply,
(b) excluding specified land, being land subject to the former SIC provisions, from the application of Division 7.1, Subdivision 4, as substituted by the amending Act,
(c) amending the areas to which a 7.23 determination or a 7.24 direction applies,
(d) providing how the Act and regulations, including former provisions, apply to the former SIC provisions.
(5) In making a recommendation under section 7.31D(2)(c), the Minister must consider infrastructure identified in--
(a) a 7.23 determination, or
(b) a proposal publicly exhibited under former section 7.23(4)(b) in relation to which a 7.23 determination was not made.
(6) In this clause--

"amending Act" means the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 .

"former section 7.23" means section 7.23, as in force immediately before its substitution by the amending Act.

"former section 7.24" means section 7.24, as in force immediately before its substitution by the amending Act.

"former SIC provisions" means Division 7.1, Subdivisions 4 and 5 and Schedule 4, as in force immediately before the substitution of the provisions by the amending Act.

Part 2 - Provisions consequent on enactment of Greater Cities Commission Repeal Act 2023

2 Definitions

In this part--

"Commission" means the Greater Cities Commission constituted under the repealed Act immediately before its repeal.

"document" means an Act or statutory or other instrument, or any contract or agreement.

"repealed Act" means the Greater Cities Commission Act 2022 .

3 Abolition of Greater Cities Commission

(1) The Commission is abolished.
(2) The Commission's assets, rights and liabilities are, on its abolition, transferred to the Crown.
(3) A person who, immediately before the abolition of the Commission, held office as the Chief Commissioner, a City Commissioner, a Greater Cities Commissioner or other member of the Commission, ceases, on the abolition, to hold the office.
(4) The person is not entitled to remuneration or compensation because of the loss of the office.
(5) In this clause--

"asset" --
(a) means a legal or equitable estate or interest, whether present or future, whether vested or contingent and whether personal or assignable, in real or personal property of any description, and
(b) includes money, securities, choses in action and documents.

"liability" means a liability, debt or obligation, whether present or future, whether vested or contingent and whether personal or assignable.

"right" means a right, power, privilege or immunity, whether present or future, whether vested or contingent and whether personal or assignable.

4 Abolition of committees

(1) The following committees of the Commission are abolished--
(a) the Finance and Governance Committee,
(b) the Strategic Planning Committee,
(c) the Infrastructure Delivery Committee,
(d) other committees or subcommittees established by the Commission under the repealed Act, section 16 or 17.
(2) A person who, immediately before the abolition of a committee or subcommittee, held office as a member of the committee or subcommittee, ceases, on the abolition, to hold the office.
(3) The person is not entitled to remuneration or compensation because of the loss of the office.

5 References to Commission and Commissioners

A reference in a document to the Commission, the Chief Commissioner, a City Commissioner, a Greater Cities Commissioner or other member of the Commission under the repealed Act is to be read as a reference to the Planning Secretary.

6 References to Six Cities Region and cities

A reference in a document to the Six Cities Region under the repealed Act, or a city in the Six Cities Region, is to be read as a reference to the Six Cities Region, or a city in the Six Cities Region, under this Act.

7 General savings

An act, matter or thing done or omitted to be done before the abolition of the Commission by, to or in relation to the Commission is, to the extent the act, matter or thing has force or effect, taken to have been done or omitted to be done by, to or in relation to the Planning Secretary.



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