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

For the purposes of sections 75J(3) and 75O(3) of the Act, approval for a project application may not be given under Part 3A of the Act for any project, or part of a project, that—

is located within an environmentally sensitive area of State significance or a sensitive coastal location, and

is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.

To avoid doubt, a project is not prohibited for the purposes of subclause (1)(b) if—

it is not permitted because of the application of a development standard under the environmental planning instrument, or

it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.

In this clause—

environmentally sensitive area of State significance has the same meaning as it has in State Environmental Planning Policy (State and Regional Development) 2011.

sensitive coastal location has the same meaning as it has in Schedule 4A to the Act.