Compliance with development legislation
145 Compliance with development legislation
This clause applies—
to development or an activity carried out before, or being carried out immediately before, the commencement of this clause by a rail authority (with or without development consent or approval under the Environmental Planning and Assessment Act 1979), or
to any such development or activity that is continued after that commencement and is carried out in substantially the same manner as it was carried out before that commencement,
being development or an activity that is carried out on land subject to an ARTC lease or licence.
The development or activity is taken to comply with any requirements for consents or approvals or any other requirements of the Environmental Planning and Assessment Act 1979 and any other law relating to the carrying out of the development or activity.
This clause does not apply to the requirements of this Act, the Occupational Health and Safety Act 2000, the Dangerous Goods Act 1975, the Rail Safety Act 2002, the Protection of the Environment Operations Act 1997 or any regulation under those Acts or any other Act or law prescribed by the regulations.
To avoid doubt, nothing in this clause prevents any person from relying on or acting in accordance with a development consent or other approval, or any rights relating to the continuation of an existing use, under the Environmental Planning and Assessment Act 1979.
Words and expressions used in this clause have the same meanings as they have in the Environmental Planning and Assessment Act 1979.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandum
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