New South Wales Consolidated Regulations
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STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 - REG 9
Suspension of covenants, agreements and instruments
9 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 development 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 the Council or that the Council requires to be imposed, or
(b) to any
prescribed instrument within the meaning of section 183A of the
Crown Lands Act 1989 , or
(c) to any conservation agreement within the
meaning of the National Parks and Wildlife Act 1974 , or
(d) to any Trust
agreement within the meaning of the Nature Conservation Trust Act 2001 , or
(e) to any property vegetation plan within the meaning of the
Native Vegetation Act 2003 , or
(f) to any biobanking agreement within the
meaning of Part 7A of the Threatened Species Conservation Act 1995 , or
to any planning agreement within the meaning of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority
under any registered instrument.
(4) Under section 3.16 of the Act, the
Governor, before the making of this clause, approved of subclauses (1)-(3).
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