Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

An approval for carrying out a transitional Part 3A project lapses on the day that is 5 years after the repeal of Part 3A unless—

the project is physically commenced (within the meaning of section 95) on or before that day on the land to which the approval relates, or

the approval of the project is subject to a condition in force under section 75Y that provides for the approval to lapse on an earlier or later day.

Despite subclause (1), an approval for carrying out a transitional Part 3A project that authorises the use of any land, building or work does not lapse if that use is actually commenced before the date on which the approval would otherwise lapse.

The approval of a concept plan for a transitional Part 3A project lapses on the day that is 5 years after the repeal of Part 3A unless—

any part of the project is physically commenced (within the meaning of section 95) on or before that day, in accordance with an approval or development consent, on the land to which the approval or consent relates, or

the approval of the concept plan is subject to a condition in force under section 75Y that provides for the approval to lapse on an earlier or later day.