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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and Assessment
Amendment (Sydney Drinking Water
Catchment) Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
No 203 3
Schedule 2 Amendment of State Environmental Planning Policy (Sydney
Drinking Water Catchment) 2011 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Environmental Planning and Assessment
Amendment (Sydney Drinking Water
Catchment) Bill 2017
Act No , 2017
An Act to amend the Environmental Planning and Assessment Act 1979 and State Environmental
Planning Policy (Sydney Drinking Water Catchment) 2011 to clarify the test for granting
development consent in relation to the Sydney drinking water catchment and to validate a
development consent relating to the Springvale mine extension.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment (Sydney
Drinking Water Catchment) Act 2017.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill 2017 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 1 Amendment of Environmental Planning and
Assessment Act 1979 No 203
[1] Section 34B Special provision for development in Sydney water catchment relating
to water quality
Insert after section 34B (2):
(2A) A State environmental planning policy that requires proposed development to
have a neutral or beneficial effect on the quality of water may deal with the
application of that test in the case of proposed development that extends or
expands existing development.
[2] Section 34B (3)
Omit the subsection and the note to the subsection.
[3] Schedule 7, heading
Omit "Transferred provisions". Insert instead "Special provisions".
[4] Schedule 7
Insert at the end of the Schedule:
Part 4 Validation of development consent relating to
Springvale mine extension etc
8 Definitions
In this Part:
Springvale mine extension development consent means the development
consent granted, or purported to have been granted, on 21 September 2015
with respect to State significant development application number SSD 5594
(being the development consent the subject of the proceedings in 4nature
Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191), together
with any modifications of that consent granted or purported to have been
granted before the commencement of the amending Act.
the amending Act means the Environmental Planning and Assessment
Amendment (Sydney Drinking Water Catchment) Act 2017.
this Act includes:
(a) the regulations under this Act, and
(b) State Environmental Planning Policy (Sydney Drinking Water
Catchment) 2011 and any other environmental planning instrument.
9 Validation of Springvale mine extension development consent
(1) The Springvale mine extension development consent is validated (to the extent
of any invalidity), and is taken:
(a) to have been duly granted in accordance with this Act and otherwise in
accordance with law, and
(b) to have been duly granted on 21 September 2015, and thereafter to be,
and to have been at all relevant times, a valid development consent.
(2) Without limiting subclause (1), the granting of a mining lease or any other
thing done or omitted to be done on or after 21 September 2015 is as valid as
Page 3
Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill 2017 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
it would have been had the development consent concerned been in force
when the mining lease was granted or the thing was done or omitted.
(3) This clause has effect despite the existence of any proceedings pending in any
court immediately before the commencement of the amending Act or the
decision in any such proceedings or in any other proceedings instituted before
that commencement.
(4) If any proceedings are withdrawn or terminated (or any decision in any
proceedings no longer has effect) because of the operation of the amending
Act, the Treasurer may, in the absolute discretion of the Treasurer, pay to any
party to those proceedings the whole or any part of any amount that the
Attorney General, on application made to the Attorney General in writing by
or on behalf of that party, certifies as being the costs of or incidental to the
proceedings reasonably incurred by that party. This subclause does not apply
to any party to the proceedings to whom or for whose benefit a development
consent the subject of the proceedings was granted.
10 Other development consents not subject to challenge
(1) This clause applies to any development consent granted, or purported to have
been granted, before the commencement of the amending Act (other than the
Springvale mine extension development consent) to which State
Environmental Planning Policy (Sydney Drinking Water Catchment) 2011
applied.
(2) After the commencement of the amending Act, any such development consent
is not subject to challenge on the ground that it was not granted in accordance
with this Act and State Environmental Planning Policy (Sydney Drinking
Water Catchment) 2011 if the development consent was granted in accordance
with this Act and that Policy, as amended by the amending Act.
Page 4
Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill 2017 [NSW]
Schedule 2 Amendment of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011
Schedule 2 Amendment of State Environmental Planning
Policy (Sydney Drinking Water Catchment) 2011
Clause 11A
Insert after clause 11:
11A Neutral or beneficial effect on water quality--continuing development
(1) This clause applies for the purposes of determining under this Policy whether
the carrying out of continuing development on land in the Sydney drinking
water catchment would have a neutral or beneficial effect on water quality.
(2) Continuing development is any development (such as mining) for which
development consent was limited to the carrying out of the development for a
particular time or to a particular area or intensity, but which was likely to be
the subject of future applications for consent for its extension or expansion.
(3) If:
(a) development consent was granted for continuing development ("the
existing development consent"), and
(b) a development application is made for consent to extend or expand the
carrying out of the development ("the proposed development"), and
(c) the development application is made before the authority conferred by
the existing development consent expires or is exhausted,
the carrying out of the proposed development will have a neutral or beneficial
effect on water quality if it will have the same or a lesser adverse impact on
water quality when compared to the adverse impact that the continuing
development would have if it were extended or expanded under similar
conditions as the existing development consent.
(4) Subclause (3) extends to an existing development consent that is to be
surrendered if consent is granted on the determination of the development
application.
(5) In this clause, a reference to an existing development consent includes a
reference to a project approved under Part 3A of the Act before its repeal (or
granted after its repeal pursuant to Schedule 6A to the Act).
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