Savings provision
1 Savings provision
Chapter 3 does not apply to or in respect of the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of Chapter 3.
Despite subsection (1), before determining a development application referred to in that subsection for development for the purpose of a centre-based child care facility, the consent authority must take into consideration the regulatory requirements and the National Quality Framework Assessment Checklist set out in Part 4 of the Child Care Planning Guideline, in relation to the proposed development.
Chapter 3 does not apply to or in respect of the determination of an application for a complying development certificate made under Part 4 of the Act before 1 September 2017 but not finally determined before the commencement of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2017.
Chapter 3 does not apply to or in respect of the determination of an application for an approval for an activity made by a proponent to a determining authority under Part 5 of the Act within 2 years before the commencement of Chapter 3 but not finally determined before that commencement.
Subject to subsection (2), an application to which subsection (1), (3) or (4) applies is to be determined as if Chapter 3 had not been made.
A reference in this section to Chapter 3 includes a reference to the amendments made by Schedule 6.
The following are taken not to be development to which Chapter 3 applies (to the extent that they would otherwise comprise development to which Chapter 3 applies)—
the carrying out of an activity for which an approval was granted by a determining authority under Part 5 of the Act before the commencement of Chapter 3, if the carrying out of the activity under that approval begins within 2 years after that commencement,
the carrying out of an activity for which an approval was granted by a determining authority in response to an application referred to in subsection (3) if the carrying out of the activity under that approval begins within 2 years after the grant of the approval,
the carrying out of an activity for which the proponent is also the determining authority and in relation to which an environmental assessment under Part 5 of the Act has been completed if the carrying out of the activity is commenced within 2 years after the completion of the assessment.
In this section—
activity and approval have the same meanings as they have in Part 5 of the Act.
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