Land Use Planning and Approvals Act 1993

In this Schedule –

Unless the contrary intention appears, words and expressions used in this Act have the same respective meanings in this Schedule.

A draft planning scheme which, before the commencement of the Land Use Planning and Approvals Amendment Act 1995, was given final approval by the Panel under section 29 without a specified date of operation is taken to have come into operation on the date of that final approval.

A draft amendment which, before the commencement of the Land Use Planning and Approvals Amendment Act 1995, was given final approval by the Panel under section 42 without a specified date of operation is taken to have come into operation on the date of that final approval.

Any planning scheme or interim order finally approved under Part XVIII of the Local Government Act 1962 and in force at the commencement of the Land Use Planning and Approvals (Consequential and Miscellaneous Amendments) Act 1993 is valid and effective, from the day on which it was finally approved, in relation to land that is, or has been, Crown land or vested in a State authority.

For the purposes of subsection (1), State authority means a body or authority, whether incorporated or not, that is established or constituted under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority.

On and after the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995, a reference to an interim order in any law is, unless the context or subject matter otherwise indicates or requires, taken to be a reference to a special planning order within the meaning of this Act.

On and after the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995, the title of an interim order, which is taken to be a planning scheme under section 46, is to be read as if the words "Section 46 Planning Scheme" were substituted for the words "Interim Order".

On and after the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995, a dispensation –

made under Part XVIII of the Local Government Act 1962 and continued in force as if it had been made under this Act; or

granted under section 47 before the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995; or

granted after that commencement under subclause (4) of this clause –

If before the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995 a planning authority applied to the Panel for approval under section 47(2) to grant a dispensation and the planning authority did not grant or refuse to grant the dispensation before that commencement, the dispensation is to continue to be dealt with in accordance with the provisions of section 47 as in force immediately before that commencement.

On and after the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995, any condition on the granting of a dispensation granted before that commencement which restricts the period for which a dispensation is in force is of no effect.

On and after the commencement of the Land Use Planning and Approvals Amendment Act (No.2) 1995, if any doubt is raised as to the validity of a dispensation granted before that commencement, the person granted the dispensation or the planning authority may refer the matter to the Tribunal.

The Tribunal is to determine the validity of the dispensation or its terms or conditions as if it were the subject of an appeal under section 64.

a prior scheme continues in force as if it were a planning scheme made under this Act; and

a scheme provisionally approved under section 727 (1) of the Local Government Act 1962 is taken to be a draft planning scheme certified under section 24 of this Act; and

a scheme publicly notified under section 727 (3) of the Local Government Act 1962 is taken to be a draft planning scheme publicly exhibited under section 25 of this Act; and

an objection to a scheme, notice of which has been given under section 727 (4) of the Local Government Act 1962, is taken to be a representation submitted under section 26(1) of this Act; and

the objections to a scheme and the statement of a municipality as to the merit of the several objections forwarded to the Commissioner under section 728 (1) of the Local Government Act 1962 are taken to be a report forwarded to the Panel under section 26(2) of this Act; and

a report forwarded to the Commissioner under section 728(2) of the Local Government Act 1962 in relation to a scheme is taken to be a report forwarded to the Panel under section 26(2) of this Act; and

a hearing which has been held and determined by the Commissioner under section 729 of the Local Government Act 1962 in relation to an objection to a scheme is taken to be a hearing which has been held and determined by the Panel under section 27(2) of this Act in relation to a representation; and

a decision in relation to a scheme made by the Commissioner under section 729A of the Local Government Act 1962 is taken to be a decision of the Panel under section 28(1)(b)(ii) of this Act; and

a scheme finally approved by the Commissioner under section 730 of the Local Government Act 1962 is taken to be a planning scheme finally approved by the Panel under section 29 of this Act.

a modification made under Part XVIII of the Local Government Act 1962 of a scheme made or deemed to have been made under that Part continues in force as if it were an amendment made under this Act to a planning scheme; and

a modification provisionally approved under section 727(1) of the Local Government Act 1962 of a prior scheme is taken to be a draft amendment certified under section 35 of this Act; and

a modification publicly notified under section 727(3) of the Local Government Act 1962 of a prior scheme is taken to be a draft amendment publicly exhibited under section 38 of this Act; and

an objection to a modification, notice of which is given under section 727 (4) of the Local Government Act 1962, of a prior scheme is taken to be a representation submitted under section 39(1) of this Act; and

the objections to a modification of a prior scheme and the statement of a municipality as to the merit of the several objections forwarded to the Commissioner under section 728(1) of the Local Government Act 1962 are taken to be a report forwarded to the Panel under section 39(2) of this Act; and

a report forwarded to the Commissioner under section 728(2) of the Local Government Act 1962 in respect of a modification of a prior scheme is taken to be a report forwarded to the Panel under section 39(2) of this Act; and

a hearing which has been held and determined by the Commissioner under section 729 of the Local Government Act 1962 in relation to an objection to a modification of a prior scheme is taken to be a hearing which has been held and determined by the Panel under section 40(2) of this Act in relation to a representation; and

a modification finally approved by the Commissioner under section 732 of the Local Government Act 1962 of a prior scheme is taken to be an amendment finally approved by the Panel under section 42 of this Act to a planning scheme.

an order made or deemed to have been made under Part XVIII of the Local Government Act 1962 continues in force as if it had been made under this Act for a period of 2 years or such longer period as the Panel may allow from the day on which it came into operation under the Local Government Act 1962; and

an order made by a municipality under section 734(2)(a) of the Local Government Act 1962 is taken to be a draft interim order prepared by the municipality under section 45(1) of this Act; and

an order approved by the Commissioner under section 734(2A)(a) of the Local Government Act 1962 is taken to be an interim order approved under section 45(8)(a) of this Act; and

an order publicly notified under section 734(2A)(b) of the Local Government Act 1962 is taken to be an interim order notified under section 45(9) of this Act.

a dispensation made under Part XVIII of the Local Government Act 1962 continues in force as if it had been made under this Act; and

an application to the Commissioner for approval under section 734 (2) (b) of the Local Government Act 1962 is taken to be an application under section 47(2) of this Act; and

the approval of the Commissioner under section 734(2)(b) of the Local Government Act 1962 is taken to be the approval of the Panel under section 47(3) of this Act and is subject to the terms and conditions approved by the Commissioner; and

a dispensation granted by a municipality under section 734(2)(b) of the Local Government Act 1962 is taken to be a dispensation granted by the municipality under section 47(8) of this Act.

an application for a planning approval under section 733B(1) of the Local Government Act 1962 lodged before a specification under this section takes effect is to be dealt with as if this Act had not been enacted; and

a planning authority must, not later than 3 months after the commencement of section 49 of this Act, specify in respect of each scheme or order made under Part XVIII of the Local Government Act 1962 those applications for planning approvals which are to be treated as applications for permits for the purposes of section 57(1) of this Act; and

a planning authority must give notice of the specification to the Panel which may approve or reject it; and

if it approves the specification, the Panel must publish the specification in the Gazette and in such other manner as it considers necessary; and

on publication the specification takes effect as if it were an amendment of the scheme or order; and

a specification is to be laid before each House of Parliament within the first 10 sitting days of the House after it has been published; and

if either House of Parliament passes a resolution, of which notice has been given within the first 15 sitting days of such House after a specification is laid before it, that the specification be disallowed –

an application for a planning approval under a scheme or order made under Part XVIII of the Local Government Act 1962 is to be treated as an application for a permit under this Act; and

where a scheme or an order under Part XVIII of the Local Government Act 1962 requires a planning approval in respect of use or development, that requirement is to be treated as a requirement for a permit in respect of that use or development.