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

Despite its repeal by Schedule 1 to the 2005 Amending Act, Division 4 of Part 5 of the Act continues to apply to and in respect of the carrying out of any activity for which the Minister’s approval under that Division was sought before its repeal.

If the activity is a project to which Part 3A of the Act applies—

subclause (1) applies to the activity (unless the instrument that declares it a project otherwise provides), and

Part 3A of the Act does not apply to the activity while Division 4 of Part 5 of the Act continues to apply to the activity (subject to subclause (3)).

The approval of the Minister for an activity that was given under Division 4 of Part 5 of the Act before its repeal (or under that Division as continued by subclause (1)) is taken to be an approval under Part 3A of the Act, and that Part (sections 75U and 75V excepted) applies accordingly.

Until regulations are made under section 115P(3) (as substituted by the 2005 Amending Act), the provisions of Division 4 of Part 5 of the Act continue to apply (with necessary modifications) to approvals under that section of the Minister administering the Act.