Savings
5.9 Savings
This Chapter does not apply to development that, immediately before the commencement of the application of this Chapter in relation to land to which this Chapter applies, was an activity to which Part 5 of the Act applied if—
before that commencement, the activity had been considered under Part 5 of the Act and any approvals or requirements that were required under that Part before the activity could be carried out had been obtained or complied with, and
the development is substantially commenced not later than 2 years after that commencement.
Part 20 of Schedule 3 and Schedule 7 to State Environmental Planning Policy (Major Development) 2005, as in force immediately before that commencement, continue to apply to development specified in subsection (1).
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Precincts—Regional) Amendment (Port Kembla Land Transformation Precinct) 2025 must be determined as if that policy had not commenced.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.