New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.20

1.20 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Policy, or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This clause does not apply--

(a) to a covenant imposed by a council, or that a council requires to be imposed, requiring compliance with a development standard that is--

(i) consistent with the development standards specified for the development concerned under this Policy, or

(ii) not dealt with by the development standards specified for the development concerned under this Policy, or

(b) to a covenant that is specifically required by another environmental planning instrument, or

(c) to a covenant imposed by an owner or former owner of the land concerned, other than a covenant that has been required by a council to be imposed, or

(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016 , or

(e) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974 , or

(f) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 , or

(g) to any property vegetation plan approved under the Native Vegetation Act 2003 , or

(h) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995 , or

(i) to any planning agreement within the meaning of Division 7.1 of the Act.

(3) This clause does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)-(3).