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reg 9

Compensation not payable

In force

9 Compensation not payable

(1)

Compensation is not payable by or on behalf of the State—

(a)

because of the enactment, making or operation of any of the following—

(i)

the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011,

(ii)

State Environmental Planning Policy (Major Development) Amendment 2011 or any other environmental planning instrument, regulation or decision relating to the removal of any project from the operation of Part 3A (whether made before or after the commencement of this clause), or

(b)

because of any consequence of any such enactment, making or operation, or

(c)

because of any statement or conduct relating to any such enactment, making or operation, or

(d)

because of any other statement or conduct relating to the repeal or proposed repeal of Part 3A (including the termination of consideration of any application or proposal under that Part in anticipation of its repeal).

(2)

This clause extends to statements, conduct and any other matter occurring before the commencement of this clause.

(3)

In this clause—

compensation includes damages or any other form of monetary compensation.

conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.

statement includes a representation of any kind—

(a)

whether made verbally or in writing, and

(b)

whether negligent, false, misleading or otherwise.

the State means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.

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