Environmental Planning and Assessment Act 1979

Infrastructure contributions and finance pt 7, hdg: Ins 2017 No 60, Sch 7.2 [3]. Division 7.1 Development contributions div 7.1 (previously pt 4, Div 6): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 1 Preliminary div 7.1, sdiv 1 (previously pt 4, Div 6, Subdiv 1): Renumbered 2017 No 60, Sch 7.2 [1]. 7.1 Definitions (cf previous s 93C) In this Division— contributions plan means a contributions plan approved under section 7.18. development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974 . growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974 . planning agreement means a voluntary agreement referred to in section 7.4. planning authority means— (a) a council, or (b) the Minister, or (c) the Planning Ministerial Corporation, or (d) a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974 ), or (e) a public authority declared by the regulations to be a planning authority for the purposes of this Division. public amenities or public services do not include water supply or sewerage services. s 7.1 (previously s 93C93E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. 7.2 Relationship to planning instruments (cf previous s 93D) This Division does not derogate from or otherwise affect any provision of an environmental planning instrument, whether made before or after the commencement of this section, that requires satisfactory arrangements to be made for the provision of particular kinds of public infrastructure, facilities or services before development is carried out. s 7.2 (previously s 93D): Renumbered 2017 No 60, Sch 7.2 [1]. 7.3 Provisions relating to money etc contributed under this Division (other than Subdivision 4) (cf previous s 93E) (1) A consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time. (2) However, money paid under this Division (other than Subdivision 4) for different purposes in accordance with the conditions of development consents may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan or ministerial direction under this Division (other than Subdivision 4). (3) Land dedicated in accordance with this Division (other than Subdivision 4) is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time. (4) A reference in this section to a monetary contribution or levy includes a reference to any additional amount earned from its investment. s 7.3 (previously s 93E): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 2 Planning agreements div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2): Renumbered 2017 No 60, Sch 7.2 [1]. 7.4 Planning agreements (cf previous s 93F) (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer )— (a) who has sought a change to an environmental planning instrument, or (b) who has made, or proposes to make, a development application or application for a complying development certificate, or (c) who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies, under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. (2) A public purpose includes (without limitation) any of the following— (a) the provision of (or the recoupment of the cost of providing) public amenities or public services, (b) the provision of (or the recoupment of the cost of providing) affordable housing, (c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, (d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure, (e) the monitoring of the planning impacts of development, (f) the conservation or enhancement of the natural environment. (3) A planning agreement must provide for the following— (a) a description of the land to which the agreement applies, (b) a description of— (i) the change to the environmental planning instrument to which the agreement applies, or (ii) the development to which the agreement applies, (c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made, (d) for development—whether the agreement wholly or partly excludes the application of the following provisions— (i) section 7.11, (ii) section 7.12, (iii) Division 7.1, Subdivision 4, (e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11, (f) a mechanism for the resolution of disputes under the agreement, (g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. (3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement. (4) A provision of a planning agreement in respect of development is not invalid by reason only that there is no connection between the development and the object of expenditure of any money required to be paid by the provision. Note. See section 7.3(1), which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time. (5) If a planning agreement excludes the application of section 7.11 or 7.12 to particular development, a consent authority cannot impose a condition of development consent in respect of that development under either of those sections (except in respect of the application of any part of those sections that is not excluded by the agreement). (5A) A planning authority, other than the Minister, is not to enter into a planning agreement excluding the application of Division 7.1, Subdivision 4 without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (6) If a planning agreement excludes benefits under a planning agreement from being taken into consideration under section 7.11 in its application to development, section 7.11(6) does not apply to any such benefit. (7) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State. (8) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council. (9) A planning agreement cannot impose an obligation on a planning authority— (a) to grant development consent, or (b) to exercise any function under this Act in relation to a change to an environmental planning instrument. (10) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach this section or any other provision of this Act, or would breach the provisions of an environmental planning instrument or a development consent applying to the relevant land. (11) A reference in this section to a change to an environmental planning instrument includes a reference to the making or revocation of an environmental planning instrument. s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. 7.5 Information about planning agreements (cf previous s 93G) (1) A planning agreement cannot be entered into, and a planning agreement cannot be amended or revoked, unless public notice has been given of the proposed agreement, amendment or revocation, and a copy of the proposed agreement, amendment or revocation has been available for inspection by the public for a period of not less than 28 days. (2) The regulations may provide for the public notice to be given under subsection (1) and may provide that it may be given contemporaneously with, in association with, or as part of, any other public notice or public notification that is required to be given of any matter relevant to the planning agreement. (3) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (4) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (5) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates. s 7.5 (previously s 93G): Renumbered 2017 No 60, Sch 7.2 [1]. 7.6 Registered planning agreements to run with land (cf previous s 93H) (1) A planning agreement can be registered under this section if the following persons agree to its registration— (a) if the agreement relates to land under the Real Property Act 1900 —each person who has an estate or interest in the land registered under that Act, or (b) if the agreement relates to land not under the Real Property Act 1900 —each person who is seised or possessed of an estate or interest in the land. (2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement— (a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or (b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 . (3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. (4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement. s 7.6 (previously s 93H): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. 7.7 Circumstances in which planning agreements can or cannot be required to be made (cf previous s 93I) (1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)— (a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or (b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into, has no effect. (2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement. (3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with— (a) the development application or application for a complying development certificate, or (b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A. (4) In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.8 Jurisdiction of Court with respect to planning agreements (cf previous s 93J) (1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement. (2) This section does not affect the jurisdiction of the Court under section 9.45. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.9 Determinations or directions by Minister (cf previous s 93K) The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to— (a) the procedures to be followed in negotiating a planning agreement, or (b) the publication of those procedures, or (b1) the method of determining the extent of the provision of the public benefit to be made by the developer under a planning agreement, or (c) other standard requirements with respect to planning agreements. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.10 Regulations—planning agreements (cf previous s 93L) The regulations may make provision for or with respect to planning agreements, including the following— (a) the form of planning agreements, (b) the subject-matter of planning agreements, (c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public, (d) the public inspection of planning agreements after they have been made. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 3 Local infrastructure contributions div 7.1, sdiv 3 (previously pt 4, Div 6, Subdiv 3): Renumbered 2017 No 60, Sch 7.2 [1]. 7.11 Contribution towards provision or improvement of amenities or services (cf previous s 94) (1) If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring— (a) the dedication of land free of cost, or (b) the payment of a monetary contribution, or both. (2) A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned. (3) If— (a) a consent authority has, at any time, whether before or after the date of commencement of this Part, provided public amenities or public services within the area in preparation for or to facilitate the carrying out of development in the area, and (b) development for which development consent is sought will, if carried out, benefit from the provision of those public amenities or public services, the consent authority may grant the development consent subject to a condition requiring the payment of a monetary contribution towards recoupment of the cost of providing the public amenities or public services (being the cost as indexed in accordance with the regulations). (4) A condition referred to in subsection (3) may be imposed only to require a reasonable contribution towards recoupment of the cost concerned. (5) The consent authority may accept— (a) the dedication of land in part or full satisfaction of a condition imposed in accordance with subsection (3), or (b) the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with subsection (1) or (3). (6) If a consent authority proposes to impose a condition in accordance with subsection (1) or (3) in respect of development, the consent authority must take into consideration any land, money or other material public benefit that the applicant has elsewhere dedicated or provided free of cost within the area (or any adjoining area) or previously paid to the consent authority, other than— (a) a benefit provided as a condition of the grant of development consent under this Act, or (b) a benefit excluded from consideration under section 7.4(6). (7) If— (a) a condition imposed under subsection (1) or (3) in relation to development has been complied with, and (b) a public authority would, but for this subsection, be entitled under any other Act to require, in relation to or in connection with that development, a dedication of land or payment of money in respect of the provision of public amenities or public services or both, then, despite that other Act, compliance with the condition referred to in paragraph (a) is taken to have satisfied the requirement referred to in paragraph (b) to the extent of the value (determined, if the regulations so provide, in accordance with the regulations) of the land dedicated or the amount of money paid in compliance with the condition. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.12 Fixed development consent levies (cf previous s 94A) (1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay a levy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development. (2) A consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11. (2A) A consent authority cannot impose a condition under this section in relation to development on land within a special contributions area without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (3) Money required to be paid by a condition imposed under this section is to be applied towards the provision, extension or augmentation of public amenities or public services (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan. (4) A condition imposed under this section is not invalid by reason only that there is no connection between the development the subject of the development consent and the object of expenditure of any money required to be paid by the condition. (5) The regulations may make provision for or with respect to levies under this section, including— (a) the means by which the proposed cost of carrying out development is to be estimated or determined, and (b) the maximum percentage of a levy. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.13 Section 7.11 or 7.12 conditions subject to contributions plan (cf previous s 94B) (1) A consent authority may impose a condition under section 7.11 or 7.12 only if it is of a kind allowed by, and is determined in accordance with, a contributions plan (subject to any direction of the Minister under this Division). (2) However, in the case of a consent authority other than a council— (a) the consent authority may impose a condition under section 7.11 or 7.12 even though it is not authorised (or of a kind allowed) by, or is not determined in accordance with, a contributions plan, but (b) the consent authority must, before imposing the condition, have regard to any contributions plan that applies to the whole or any part of the area in which development is to be carried out. (3) A condition under section 7.11 that is of a kind allowed by a contributions plan (or a direction of the Minister under this Division) may be disallowed or amended by the Court on appeal because it is unreasonable in the particular circumstances of that case, even if it was determined in accordance with the relevant contributions plan (or direction). This subsection does not authorise the Court to disallow or amend the contributions plan or direction. (4) A condition under section 7.12 that is of a kind allowed by, and determined in accordance with, a contributions plan (or a direction of the Minister under this Division) may not be disallowed or amended by the Court on appeal. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.14 Cross-boundary issues (cf previous s 94C) (1) A condition may be imposed under section 7.11 or 7.12 for the benefit (or partly for the benefit) of an area that adjoins the local government area in which the development is to be carried out. (2) Any monetary contribution that is required to be paid under any such condition is to be apportioned among the relevant councils— (a) in accordance with any joint or other contributions plan approved by those councils, or (b) if provision is not made for the apportionment in any such plan—in accordance with the terms of the development consent for the development. (3) Any dispute between the councils concerned is to be referred to the Planning Secretary and resolved in accordance with any direction given by the Planning Secretary. s 7.14 (previously s 94C): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.15 Public service or public amenity may be provided outside NSW (cf previous s 94CA) A condition may, with the written approval of the Minister, be imposed under section 7.11 or 7.12 for the provision of a public amenity or public service on land in another State or Territory if the area in which the development the subject of the condition is to be carried out adjoins the other State or Territory. s 7.15 (previously s 94CA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.16 Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc (cf previous s 94D) (1) This section applies where the Minister or the Planning Secretary, as the consent authority, imposes conditions under section 7.11 or 7.12 in relation to— (a) land within a growth centre, or (b) other land within one or more council areas. (2) This Division applies to land within a growth centre as if references in this Division to the area were references to the growth centre. (3) Any monetary contribution paid in accordance with a condition under section 7.11 or 7.12— (a) must be paid by the Minister or Planning Secretary to the corporation for the growth centre or to the councils of the areas concerned, and (b) must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was levied. (4) This section applies to the Minister as consent authority whether or not the Minister is the consent authority because it is State significant development. (5) s 7.16 (previously s 94D): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.17 Directions by Minister (cf previous s 94E) (1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to— (a) the public amenities and public services in relation to which a condition under section 7.11 may or may not be imposed, and (b) in the case of a condition under section 7.11 requiring the payment of a monetary contribution— (i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and (ii) the maximum amount of any such contribution, and (c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 7.11, and (d) the type or area of development in respect of which a condition under section 7.12 may be imposed and the maximum percentage of the levy, and (e) the use of monetary contributions or levies for purposes other than those for which they were paid, and (f) the preparation of joint contributions plans by two or more councils, and (g) how money paid under this Division for different purposes in accordance with the conditions of development consents is to be pooled and applied progressively for those purposes, and (h) the time at which a monetary contribution or levy is to be paid. (1A) A direction under subsection (1)(h) may be given only during the prescribed period within the meaning of section 10.17. (1B) A provision of a development consent granted before and inconsistent with a direction under subsection (1)(h) is taken to be modified so as to be consistent with the direction, but only for a contribution or levy (or a component of a contribution or levy) that has not been paid before the direction is given. (2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms. (3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan. s 7.17 (previously s 94E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. 7.18 Contributions plans—making (cf previous s 94EA) (1) A council, or two or more councils, may, subject to and in accordance with the regulations, prepare and approve a contributions plan for the purpose of imposing conditions under this Division (other than Subdivision 4). (2) If a contributions plan authorises the imposition of conditions under section 7.12, the plan is to specify the type or area of development in respect of which a condition under section 7.12 may be imposed and is to preclude the imposition of a condition under section 7.11 in respect of that type or area of development. (2A) (3) The regulations may make provision for or with respect to the preparation and approval of contributions plans, including the format, structure and subject-matter of plans. (4) A council is, as soon as practicable after approving a contributions plan, to provide the Minister with a copy of the plan. s 7.18 (previously s 94EA): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. 7.19 Contributions plans—making, amendment or repeal by Minister (cf previous s 94EAA) (1) The Minister may direct a council, in writing, to approve, amend or repeal a contributions plan in the time and manner specified in the direction. (2) The Minister may make, amend or repeal a contributions plan if— (a) a council fails to approve, amend or repeal the plan in accordance with a direction of the Minister under this section, or (b) a council consents in writing to the Minister making, amending or repealing the plan. The plan, the amended plan or the repeal of the plan has effect as if it had been approved, amended or repealed by the council. (3) The Minister in making, amending or repealing a contributions plan under this section is not subject to the regulations. (4) A person cannot appeal to the Court under this Act in respect of— (a) the making, amending or repealing of a contributions plan by or at the direction of the Minister under this section, or (b) the reasonableness in the particular circumstances of a condition under section 7.11 that is determined in accordance with any such contributions plan, despite section 7.13(3) or any other provision of this Act. s 7.19 (previously s 94EAA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.20 Contributions plans—judicial notice, validity etc (cf previous s 94EB) (1) Judicial notice is to be taken of a contributions plan and of the date on which the plan came into effect. (2) It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a contributions plan have been complied with and performed. (3) The validity of any procedure required to be followed in making or approving a contributions plan is not to be questioned in any legal proceedings except those commenced in the Court by any person within 3 months after the date on which the plan came into effect. (4) The amendment or repeal, whether in whole or in part, of a contributions plan does not affect the previous operation of the plan or anything duly done under the plan. s 7.20 (previously s 94EB): Renumbered 2017 No 60, Sch 7.2 [1]. 7.21 Contributions plans—complying development (cf previous s 94EC) (1) In relation to an application made to a registered certifier for a complying development certificate, a contributions plan— (a) is to specify whether or not the registered certifier must, if a complying development certificate is issued, impose a condition under section 7.11 or 7.12, and (b) can only authorise the imposition by a registered certifier of a condition under section 7.11 that requires the payment of a monetary contribution, and (c) must specify the amount of the monetary contribution or levy that a registered certifier must so impose or the precise method by which the amount is to be determined. (1A) The imposition of a condition by a registered certifier as authorised by a contributions plan is subject to compliance with any directions given under section 7.17(1)(a), (b) or (d) with which a council would be required to comply if issuing the complying development certificate concerned. (2) This section does not limit anything for which a contributions plan may make provision in relation to a consent authority. (3) The regulations may make provision for or with respect to anything for which a contributions plan may make provision under this section (being provisions that apply despite anything to the contrary in the contributions plan). The regulations may provide that the amount of a monetary contribution or levy be determined in a manner and by a person or body authorised by the regulations. s 7.21 (previously s 94EC): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Subdivision 4 Housing and productivity contributions div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.22 Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.30(1). strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2. 7.23 Effect of subdivision Nothing in this subdivision affects the operation of Subdivision 2 or 3. s 7.23 (previously s 94EE): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.24 Provision of regional infrastructure (1) The object of this subdivision is to facilitate the provision of regional infrastructure that supports and promotes housing and economic activity in a region by enabling a contribution (a housing and productivity contribution ) to be required. (2) Regional infrastructure may be provided in 1 or more of the following ways— (a) by providing the regional infrastructure, (b) by recouping the cost of providing the regional infrastructure, (c) by funding recurrent expenditure relating to providing the regional infrastructure, (d) by the Minister, the Planning Ministerial Corporation or the Planning Secretary exercising the following functions in the administration of this part— (i) carrying out research or investigation, (ii) preparing a report or study or an instrument, (iii) doing another matter or thing in connection with the administration of this part. (3) Regional infrastructure provided under subsection (2)(a)–(c) may be provided by making a payment to a council for the council to provide the regional infrastructure. (4) A Ministerial planning order may require a housing and productivity contribution towards the provision of regional infrastructure. (5) A housing and productivity contribution must not be imposed on development on land in a region to provide regional infrastructure outside the region or the State, except to the extent that it is for measures to conserve or enhance the natural environment. (6) In this section— provide infrastructure includes to extend or augment infrastructure. s 7.24 (previously s 94EF): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.25 Measures to conserve or enhance the natural environment In this subdivision, measures to conserve or enhance the natural environment include the following measures implemented by the State or a council— (a) a measure relating to biodiversity certified land, including the following— (i) an approved conservation measure specified in the order conferring biodiversity certification on the land, (ii) other approved measures referred to in the Biodiversity Conservation Act 2016 , section 8.3(3), (iii) costs and expenses incurred by the Minister, the Planning Secretary, a council or another prescribed person in making an application for biodiversity certification under that Act, (b) a measure that directly conserves or enhances the natural environment and is undertaken— (i) for the purposes of an endorsed policy, plan or program, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 146A, or (ii) under the conditions of an approval of the taking of actions or a class of actions under that Act, section 146B. Note— The Commonwealth Minister for the Environment may approve the taking of actions or a class of actions in accordance with a policy, plan or program endorsed in accordance with an agreement on strategic assessment—see the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, Part 10. s 7.25 (previously s 94EG): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.26 Content of Ministerial planning orders requiring housing and productivity contributions (1) A Ministerial planning order that requires a housing and productivity contribution must specify the following— (a) the level and nature of the housing and productivity contribution, (b) the classes of development to which the housing and productivity contribution will apply, (c) the region, or part of the region, to which the housing and productivity contribution applies, (d) the way in which the housing and productivity contribution must be determined, (e) the time at which the housing and productivity contribution is required, (f) whether the housing and productivity contribution includes— (i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a transport project component ), and (ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a strategic biodiversity component ), (g) whether the housing and productivity contribution is required when a complying development certificate is issued for development. (2) A Ministerial planning order that requires a housing and productivity contribution may specify the following— (a) requirements relating to the form of the housing and productivity contribution, (b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions, (c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about— (i) the housing and productivity contribution required under the Ministerial planning order, and (ii) other obligations arising under the Ministerial planning order, (d) exemptions from the housing and productivity contribution, (e) the indexation of the housing and productivity contribution. s 7.26 (previously s 94EH): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.27 Making Ministerial planning orders requiring housing and productivity contributions (1) Before making a Ministerial planning order that requires a housing and productivity contribution, the Minister must obtain the concurrence of the Treasurer. (2) A Ministerial planning order that requires a housing and productivity contribution comes into force— (a) when it is published on the NSW planning portal, or (b) if a later day is specified in the order—on the later day. s 7.27 (previously s 94EI): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.28 Housing and productivity contributions imposed as conditions of development consent (1) If a Ministerial planning order requires a housing and productivity contribution in relation to development— (a) a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or (b) for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution. (2) The condition must be imposed in accordance with the Ministerial planning order. (3) If the consent authority or the certifier fails to impose the condition, the condition— (a) is taken to have been imposed in the terms required by the Ministerial planning order, and (b) the condition has effect as if it had been imposed by the consent authority or the certifier. (4) A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12. (5) If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made. (6) A condition imposed under this section must not be modified without the approval of the Minister. s 7.28 (previously s 94EJ): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. 7.29 No connection required No connection is required between the development on which a housing and productivity contribution is imposed and the regional infrastructure provided from the contribution, except— (a) a transport project component of the contribution may be imposed on development on land only for transport infrastructure that benefits the area in which the land is located, and (b) a strategic biodiversity component of the contribution may be imposed on development on land only for measures to conserve or enhance the natural environment that were required for biodiversity certification of the land. s 7.29 (previously s 94EK): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.30 No appeals A person cannot appeal to the Court under this Act in relation to a condition imposed under this subdivision. s 7.30 (previously s 94EL): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31 SBC Fund (1) There is established in the Special Deposits Account a fund called the Strategic Biodiversity Contributions Fund ( SBC Fund ). (2) The SBC Fund must be administered by the Planning Secretary. (3) The following must be paid into the SBC Fund— (a) payments relating to a strategic biodiversity component of a housing and productivity contribution, (b) money appropriated by Parliament for the purposes of the SBC Fund, (c) the proceeds of the investment of money in the SBC Fund, (d) other money required to be paid into the SBC Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the SBC Fund. (4) The assets of the SBC Fund may be applied only for the following purposes— (a) payments to public authorities for the provision of regional infrastructure that is a measure referred to in section 7.25, (b) money required to meet administrative expenses in relation to the SBC Fund, (c) other money directed or authorised to be paid from the SBC Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under subsection (3)(e). (5) A payment for the provision of regional infrastructure that is an approved conservation measure referred to in section 7.25(a)(i) must be made in accordance with the order specifying the approved conservation measure. (6) The Planning Secretary may make a payment out of the SBC Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Minister, and (b) after consultation with the Treasurer. (7) This section does not limit payments being made out of the HAP Fund to the Planning Secretary under section 7.31D. (8) The money in the SBC Fund may be invested in a way that the Minister is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31 (previously s 94EM): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Subdivision 5 Establishment of Housing and Productivity Fund div 7.1, sdiv 5 (previously pt 4, Div 6, Subdiv 5): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31A Establishment of HAP Fund (1) There is established in the Special Deposits Account a fund called the Housing and Productivity Fund ( HAP Fund ). (2) Different accounts must be established in the HAP Fund to ensure— (a) housing and productivity contributions from development on land in a region, and proceeds from the investment of the contributions, are expended in the region as required by Subdivision 4, and (b) the transport project component from development on land in an area, and proceeds from the investment of the component, are expended for the benefit of the area. (3) The HAP Fund must be administered by the Treasury Secretary. s 7.31A: Ins 2023 No 10, Sch 1[8]. 7.31B Purpose of HAP Fund (1) The purpose of the HAP Fund is to support housing and promote economic activity in each region for which a housing and productivity contribution is required. (2) The HAP Fund achieves this by providing a source of funding for regional infrastructure in the region that— (a) facilitates the achievement of the planning priorities identified in a strategic plan applicable in the region, and (b) is able to be delivered in a reasonable time, and (c) is aligned with the asset management plan of the public authority to whom funding is provided. (3) The planning priorities include the housing targets for a district identified in a district strategic plan, as referred to in section 3.4. s 7.31B: Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. 7.31C Payments into HAP Fund The following must be paid into the HAP Fund— (a) housing and productivity contributions made under Subdivision 4, except for amounts required to be paid into the SBC Fund, (b) money appropriated by Parliament for the purposes of the HAP Fund, (c) the proceeds of the investment of money in the HAP Fund, (d) money required to be paid into the HAP Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the HAP Fund. s 7.31C: Ins 2023 No 10, Sch 1[8]. 7.31D Payments out of HAP Fund (1) The following are payable from the HAP Fund— (a) payments to public authorities for the provision of regional infrastructure, including associated administrative expenses, (b) money required to meet administrative expenses in relation to the HAP Fund, (c) money directed or authorised to be paid from the HAP Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under section 7.31C(e). (2) A payment for the provision of regional infrastructure may be made if the infrastructure is— (a) identified in a strategic plan, or (b) identified in a State infrastructure strategy or an infrastructure plan under the Infrastructure NSW Act 2011 , Part 4, or (c) recommended for funding by the Minister because the Minister considers the infrastructure assists in achieving the purpose of the HAP Fund. (3) In making a recommendation under subsection (2)(c), the Minister must consider any representations made, in accordance with arrangements established by the Minister, by the following— (a) public authorities that deliver regional infrastructure, (b) councils, (c) the development industry. (4) The Treasury Secretary may make a payment out of the HAP Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Treasurer, and (b) after consulting with the Minister. (5) The regulations may provide for councils to make submissions to the Minister and Treasurer about future payments from the HAP Fund. s 7.31D: Ins 2023 No 10, Sch 1[8]. 7.31E Investment of money in HAP Fund The money in the Fund may be invested in a way that the Treasurer is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31E: Ins 2023 No 10, Sch 1[8]. Subdivision 6 Report by Treasurer div 7.1, sdiv 6: Ins 2023 No 10, Sch 1[8]. 7.31F Treasurer to give annual report (1) The Treasurer must prepare a report detailing, for each financial year, the payments made into, and from, each of the following— (a) the SBC Fund, (b) the HAP Fund. (2) The report must be in the form required by the regulations. (3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates. (4) In this section— financial year means a period of 12 months commencing on 1 July. s 7.31F: Ins 2023 No 10, Sch 1[8]. Division 7.2 Affordable housing contributions div 7.2 (previously pt 4, Div 6A: Renumbered 2017 No 60, Sch 7.2 [2]. 7.32 Conditions requiring land or contributions for affordable housing (cf previous s 94F) (1) This section applies in relation to a development application for consent to carry out development within an area if a State environmental planning policy identifies that there is a need for affordable housing within the area. (2) Subject to subsection (3), the consent authority may grant consent to a development application to which this section applies subject to a condition requiring— (a) the dedication of part of the land, or other land of the applicant, free of cost to be used for the purpose of providing affordable housing, or (b) the payment of a monetary contribution to be used for the purpose of providing affordable housing, or both. (3) A condition may be imposed under this section only if— (a) the condition complies with all relevant requirements made by a State environmental planning policy with respect to the imposition of conditions under this section, and (b) the condition is authorised to be imposed by an environmental planning instrument, and is in accordance with a scheme for dedications or contributions set out in or adopted by such an instrument, and (c) the condition requires a reasonable dedication or contribution, having regard to any other dedication or contribution required to be made by the applicant under this section or section 7.11. (4) A consent authority that proposes to impose a condition in accordance with this section must take into consideration any land or other sum of money that the applicant has previously dedicated free of cost, or previously paid, for the purpose of affordable housing within the area otherwise than as a condition of a consent. (5) Nothing in this section prevents the imposition on a development consent of other conditions relating to the provision, maintenance or retention of affordable housing. Such conditions may require, but are not restricted to, the imposition of covenants (including positive covenants) or the entering into of contractual or other arrangements. (6) s 7.32 (previously s 94F): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2023 No 10, Sch 1[9]; 2025 No 24, Sch 1[36]–[39]. 7.33 Provision of affordable housing (cf previous s 94G) (1) Land dedicated in accordance with a condition imposed under this Division must— (a) be made available by the consent authority for the purposes of affordable housing within a reasonable time, or (b) be transferred by the consent authority in accordance with any applicable direction under subsection (3). (2) A consent authority must— (a) hold any monetary contribution paid in accordance with a condition imposed under this Division (and any additional amount earned from its investment) for the purpose for which the payment was required and apply the money for the purposes of affordable housing in the area or an adjoining area within a reasonable time, or (b) pay the monetary contribution in accordance with any applicable direction under subsection (3). (3) The Minister may give a direction, that applies generally or in any particular case or class of cases, to a consent authority— (a) requiring it to transfer land to a person nominated by the Minister, if it imposes a condition under this Division requiring dedication of the land, or (b) requiring it to pay a monetary contribution to a person nominated by the Minister, if it imposes a condition under this Division requiring the payment of the monetary contribution. (4) A person nominated under this section by the Minister must— (a) make available any land transferred to the person under this Division for the purposes of affordable housing within a reasonable time, and (b) apply any monetary contribution paid to the person under this Division (and any additional amount earned from its investment) for the purposes of affordable housing in the area concerned or in an adjoining area within a reasonable time. s 7.33 (previously s 94G): Renumbered 2017 No 60, Sch 7.2 [2]. Division 7.3 Funds div 7.3 (previously pt 7, Div 1): Renumbered 2017 No 60, Sch 7.2 [4]. 7.34 Department of Environment and Planning Account (cf previous s 128) The Account which has been established in the Special Deposits Account in the Treasury pursuant to section 30(1) of the State Planning Authority Act 1963 shall be continued under a name determined by the Treasurer. s 7.34 (previously s 128): Renumbered 2017 No 60, Sch 7.2 [4]. 7.35 Funds generally (cf previous s 129) (1) In connection with the Account referred to in section 7.34, there shall be created in the books of the Department the following funds— (a) a Development Fund in respect of each development area (each of which funds is referred to in this Part as a Development Fund ), and (b) the Trust Fund (which is referred to in this Part as the Trust Fund ). (2) The funds shall be separate and distinct. (3) The funds are to be administered by the Planning Ministerial Corporation. s 7.35 (previously s 129): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [32]. 7.36 Development Funds (cf previous s 130) (1) The Development Fund in respect of each development area shall consist of— (a) all money borrowed for the purpose of the acquisition or development of land within the development area and for the purpose of repaying or renewing a loan obtained for that purpose and the proceeds of any levy or assessment made by the Planning Ministerial Corporation for the purpose of repaying money so borrowed or renewing such a loan, (b) the proceeds of the sale or lease by the Planning Ministerial Corporation of any land situated within the development area, (c) all money and land directed by or under this Act to be allocated to the Development Fund, (d) all money received as a result of the investment of the Development Fund as authorised by this Act, and (e) such other money as the Treasurer authorises to be paid into the Development Fund. (2) All land vested in the Planning Ministerial Corporation and situated within a development area shall form part of the assets of the Development Fund in respect of that development area. (3) The Development Fund in respect of each development area may be applied to any of the following purposes— (a) the acquisition or development of any land within the development area, (b) the payment of rates and charges due and payable by the Planning Ministerial Corporation in respect of land within the development area, (c) transfers to any reserve for loan repayment in respect of money borrowed in respect of the development area or in respect of any loan transferred to the Planning Ministerial Corporation in pursuance of Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 , (d) payment of principal, interest and expenses in respect of money borrowed in respect of the development area or in respect of any loan transferred to the Planning Ministerial Corporation in pursuance of that Schedule, (e) any purpose authorised by or under this Act for the application of the Development Fund, (f) the creation of assets and incurring and discharging liabilities not inconsistent with the purposes of the Development Fund, (g) payment of principal, interest and expenses in respect of money borrowed which is not chargeable to any fund other than the Development Fund, or in respect of a loan or asset transferred from another fund, (h) the investment of money for the creation of reserves for any purposes not inconsistent with the purposes of the Development Fund, (i) any costs incurred in the administration of the Development Fund. (4) The Development Fund may also be applied, with the approval of the Minister, to the development of land (whether vested in the Planning Ministerial Corporation or not) within the development area for the purpose of an improvement program, if— (a) the Minister has considered likely future applications of the Development Fund for all the purposes in subsection (3), and (b) in the opinion of the Minister, implementation of the improvement program will improve public amenity by— (i) enhancing open space or the public domain, or (ii) providing suitable infrastructure or facilities at a regional or local level. (5) The Development Fund in respect of each development area may be applied to purposes that are necessary, incidental, subordinate or supplementary to any of the purposes specified in subsection (3) or (4). ss 7.36, 7.37 (previously ss 130, 131): Renumbered 2017 No 60, Sch 7.2 [4]. 7.37 Trust Fund (cf previous s 131) (1) The Trust Fund shall consist of the following assets— (a) all money and land held by the Planning Ministerial Corporation by way of deposit or in trust for any person, (b) all money and land assigned, conveyed, bequeathed or devised to the Planning Ministerial Corporation in trust for the purpose of any function which the Planning Ministerial Corporation is by or under this Act empowered to exercise, (c) all money received as a result of the investment of the Trust Fund as authorised by this Act. (2) The Trust Fund shall be applied as follows— (a) where the money or land is held by way of a deposit or in trust for any person, the money may be paid or the land may be assured to or on behalf of the person entitled thereto, but if the money has remained in the Trust Fund for 10 years, the Planning Ministerial Corporation may transfer it to such Development Fund as it may deem proper, subject to repaying it from that fund to any person entitled thereto, (b) except as otherwise provided in this section, for the purposes and according to the trusts upon which the money or land is held by the Planning Ministerial Corporation, (c) by investment in securities authorised under the Trustee Act 1925 or for the purposes of and according to the trusts referred to in paragraph (b). ss 7.36, 7.37 (previously ss 130, 131): Renumbered 2017 No 60, Sch 7.2 [4]. 7.38 Constitution of development areas (cf previous s 132) (1) Development areas may be constituted in accordance with this section. (2) The Planning Secretary may, by notice published in the Gazette, notify a proposal to constitute as a development area any area or areas or parts of areas specified in the notice. (3) In determining which areas or parts of areas should be included in the development area, the Planning Secretary shall have regard to any environmental planning instruments relating to those areas or parts, environmental planning principles and such other matters as the Planning Secretary thinks fit. (4) Within 14 days after the publication in the Gazette of the notice referred to in subsection (2), the Planning Secretary shall, in the prescribed manner, notify the councils of the areas or parts of areas proposed to be included in the development area of the proposal and the reasons therefor and otherwise publicise the proposal. (5) Any person may, by notice in writing, lodge with the Planning Secretary, within 3 months after the publication in the Gazette of the notice referred to in subsection (2), representations in relation to the proposal. (6) Where representations have been lodged under subsection (5), the Planning Secretary shall refer the matter to the Minister who shall either— (a) confirm the proposal, or (b) alter the proposal by excluding, from the proposed development area, any area or part of an area other than an area or part in which the Planning Ministerial Corporation has acquired land pursuant to Part 6 of Schedule 2. (7) If the Minister has requested that a review be held by the Independent Planning Commission with respect to the proposal, the Minister must not determine the application until after— (a) the review has been held, and (b) the Minister has considered the findings and recommendations of the Commission following the review. (8) If no representations are lodged under subsection (5), the proposal shall be deemed to be confirmed immediately on the expiry of the period allowed for the lodgment of representations. (9) The areas or parts of areas specified in the proposal as confirmed or altered shall, upon publication in the Gazette of a notice constituting them as a development area, be constituted as a development area under the name specified in the notice. s 7.38 (previously s 132): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5] [33]. 7.39 Alteration or abolition of development area (cf previous s 133) The Planning Secretary may, by notice published in the Gazette, notify a proposal to alter a development area constituted under this Division by including therein any land or by excluding therefrom any land or to abolish such a development area, and the provisions of this Division shall apply to the notice as they apply to a notice referred to in section 7.38(2). s 7.39 (previously s 133): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5]. 7.40 Land to be in one development area only (cf previous s 134) Land shall not at the one time be within more than one development area. ss 7.40, 7.41 (previously ss 134, 135): Renumbered 2017 No 60, Sch 7.2 [4]. 7.41 Disallowance of constitution of development area (cf previous s 135) (1) A copy of the notice constituting, altering or abolishing a development area published in the Gazette in accordance with this Division shall be laid before each House of Parliament within 14 sitting days of that House after the date of publication. (2) If either House of Parliament passes a resolution, of which notice has been given within 15 sitting days of that House after a copy of a notice referred to in subsection (1) has been laid before it, disallowing the constitution, alteration or abolition of the development area, the constitution, alteration or abolition is thereupon revoked. (3) For the purposes of subsections (1) and (2), sitting days shall be counted, whether or not they occur during the same session. ss 7.40, 7.41 (previously ss 134, 135): Renumbered 2017 No 60, Sch 7.2 [4]. 7.42 Assessment of loan commitments (cf previous s 143) (1) The Planning Ministerial Corporation may, in respect of each year ending on 31 December, subject to and in accordance with the regulations, assess the amount required in any such year for the payment of interest on, or repayment of principal of, any loan raised by the Planning Ministerial Corporation upon the councils whose areas or parts of areas are included in the development area to which the purpose for which the loan was raised relates. (2) The regulations may make provision for or with respect to— (a) the notification of a council referred to in subsection (1) by the Planning Ministerial Corporation of a decision to make an assessment under that subsection, (b) the provision by such a council of information necessary to determine the amount to be paid by the council in relation to the assessment, and (c) the payment by such a council of the whole or any part of an amount assessed under subsection (1). (3) A council required to pay the whole or any part of an amount assessed under subsection (1) shall make the payment from its consolidated fund. (4) The Planning Ministerial Corporation may recover as a debt or liquidated demand in any court of competent jurisdiction any amount assessed upon a council and not paid on or before such day as may be prescribed in relation to the assessment. (5)–(8) s 7.42 (previously s 143): Renumbered 2017 No 60, Sch 7.2 [6]. Division 7.4 Charges and fees div 7.4 (previously pt 7, Div 2): Renumbered 2017 No 60, Sch 7.2 [5]. 7.43 Right to charges and fees (cf previous s 136) For the purpose of this Act, the Planning Secretary may demand, levy and recover the prescribed charges and fees in accordance with this Division. s 7.43 (previously s 136): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.44 Charges and fees fixed by regulation (cf previous s 137) (1) Where under the provisions of any Act, regulation or environmental planning instrument the Minister, Planning Ministerial Corporation, Department or Planning Secretary— (a) supplies any service, product, commodity or publication, or (b) makes any registration, or (c) gives any permission, or (d) furnishes any information, or (e) receives any application for its approval, or (f) issues any certificate, requirement or direction, or (g) allows admission to any building, the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations. (1A) The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, Planning Ministerial Corporation, Department or Planning Secretary carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body. Note. Such functions may include making an environmental planning instrument. (1B) The regulations may prescribe the following in relation to a building information certificate issued under Part 6, Division 6.7— (a) charges and fees payable in connection with a certificate, (b) mechanisms to determine charges and fees payable in connection with a certificate. (2) In any such regulation, provision may be made requiring a deposit or prepayment in respect of any such charge or fee. (3) Nothing in this section authorises any charge or fee contrary to the provisions of any Act, regulation or environmental planning instrument. s 7.44 (previously s 137): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]. 7.45 Liability for charge or fee (cf previous s 138) The charge or fee shall be paid to the Minister, Planning Ministerial Corporation, Department or Planning Secretary by the person to whom or at whose request the service, permission or information is supplied, given or furnished, or at whose request the registration is made or from whom the application is received, as the case may be. s 7.45 (previously s 138): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.46 Recovery of charges etc (cf previous s 139) (1) Any charge, fee or money due to the Minister, Planning Ministerial Corporation, Department or Planning Secretary under the provisions of this Act may be recovered as a debt or liquidated demand in a court of competent jurisdiction. (2) A monetary contribution required to be paid under this part may be recovered as a debt in a court of competent jurisdiction by the following— (a) for a contribution under Division 7.1, Subdivision 3—the relevant consent authority or council, (b) for a housing and productivity contribution under Division 7.1, Subdivision 4—the Treasury Secretary or the Planning Secretary. s 7.46 (previously s 139): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10].

Development contributions div 7.1 (previously pt 4, Div 6): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 1 Preliminary div 7.1, sdiv 1 (previously pt 4, Div 6, Subdiv 1): Renumbered 2017 No 60, Sch 7.2 [1]. 7.1 Definitions (cf previous s 93C) In this Division— contributions plan means a contributions plan approved under section 7.18. development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974 . growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974 . planning agreement means a voluntary agreement referred to in section 7.4. planning authority means— (a) a council, or (b) the Minister, or (c) the Planning Ministerial Corporation, or (d) a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974 ), or (e) a public authority declared by the regulations to be a planning authority for the purposes of this Division. public amenities or public services do not include water supply or sewerage services. s 7.1 (previously s 93C93E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. 7.2 Relationship to planning instruments (cf previous s 93D) This Division does not derogate from or otherwise affect any provision of an environmental planning instrument, whether made before or after the commencement of this section, that requires satisfactory arrangements to be made for the provision of particular kinds of public infrastructure, facilities or services before development is carried out. s 7.2 (previously s 93D): Renumbered 2017 No 60, Sch 7.2 [1]. 7.3 Provisions relating to money etc contributed under this Division (other than Subdivision 4) (cf previous s 93E) (1) A consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time. (2) However, money paid under this Division (other than Subdivision 4) for different purposes in accordance with the conditions of development consents may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan or ministerial direction under this Division (other than Subdivision 4). (3) Land dedicated in accordance with this Division (other than Subdivision 4) is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time. (4) A reference in this section to a monetary contribution or levy includes a reference to any additional amount earned from its investment. s 7.3 (previously s 93E): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 2 Planning agreements div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2): Renumbered 2017 No 60, Sch 7.2 [1]. 7.4 Planning agreements (cf previous s 93F) (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer )— (a) who has sought a change to an environmental planning instrument, or (b) who has made, or proposes to make, a development application or application for a complying development certificate, or (c) who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies, under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. (2) A public purpose includes (without limitation) any of the following— (a) the provision of (or the recoupment of the cost of providing) public amenities or public services, (b) the provision of (or the recoupment of the cost of providing) affordable housing, (c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, (d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure, (e) the monitoring of the planning impacts of development, (f) the conservation or enhancement of the natural environment. (3) A planning agreement must provide for the following— (a) a description of the land to which the agreement applies, (b) a description of— (i) the change to the environmental planning instrument to which the agreement applies, or (ii) the development to which the agreement applies, (c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made, (d) for development—whether the agreement wholly or partly excludes the application of the following provisions— (i) section 7.11, (ii) section 7.12, (iii) Division 7.1, Subdivision 4, (e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11, (f) a mechanism for the resolution of disputes under the agreement, (g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. (3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement. (4) A provision of a planning agreement in respect of development is not invalid by reason only that there is no connection between the development and the object of expenditure of any money required to be paid by the provision. Note. See section 7.3(1), which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time. (5) If a planning agreement excludes the application of section 7.11 or 7.12 to particular development, a consent authority cannot impose a condition of development consent in respect of that development under either of those sections (except in respect of the application of any part of those sections that is not excluded by the agreement). (5A) A planning authority, other than the Minister, is not to enter into a planning agreement excluding the application of Division 7.1, Subdivision 4 without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (6) If a planning agreement excludes benefits under a planning agreement from being taken into consideration under section 7.11 in its application to development, section 7.11(6) does not apply to any such benefit. (7) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State. (8) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council. (9) A planning agreement cannot impose an obligation on a planning authority— (a) to grant development consent, or (b) to exercise any function under this Act in relation to a change to an environmental planning instrument. (10) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach this section or any other provision of this Act, or would breach the provisions of an environmental planning instrument or a development consent applying to the relevant land. (11) A reference in this section to a change to an environmental planning instrument includes a reference to the making or revocation of an environmental planning instrument. s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. 7.5 Information about planning agreements (cf previous s 93G) (1) A planning agreement cannot be entered into, and a planning agreement cannot be amended or revoked, unless public notice has been given of the proposed agreement, amendment or revocation, and a copy of the proposed agreement, amendment or revocation has been available for inspection by the public for a period of not less than 28 days. (2) The regulations may provide for the public notice to be given under subsection (1) and may provide that it may be given contemporaneously with, in association with, or as part of, any other public notice or public notification that is required to be given of any matter relevant to the planning agreement. (3) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (4) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (5) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates. s 7.5 (previously s 93G): Renumbered 2017 No 60, Sch 7.2 [1]. 7.6 Registered planning agreements to run with land (cf previous s 93H) (1) A planning agreement can be registered under this section if the following persons agree to its registration— (a) if the agreement relates to land under the Real Property Act 1900 —each person who has an estate or interest in the land registered under that Act, or (b) if the agreement relates to land not under the Real Property Act 1900 —each person who is seised or possessed of an estate or interest in the land. (2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement— (a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or (b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 . (3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. (4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement. s 7.6 (previously s 93H): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. 7.7 Circumstances in which planning agreements can or cannot be required to be made (cf previous s 93I) (1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)— (a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or (b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into, has no effect. (2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement. (3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with— (a) the development application or application for a complying development certificate, or (b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A. (4) In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.8 Jurisdiction of Court with respect to planning agreements (cf previous s 93J) (1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement. (2) This section does not affect the jurisdiction of the Court under section 9.45. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.9 Determinations or directions by Minister (cf previous s 93K) The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to— (a) the procedures to be followed in negotiating a planning agreement, or (b) the publication of those procedures, or (b1) the method of determining the extent of the provision of the public benefit to be made by the developer under a planning agreement, or (c) other standard requirements with respect to planning agreements. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.10 Regulations—planning agreements (cf previous s 93L) The regulations may make provision for or with respect to planning agreements, including the following— (a) the form of planning agreements, (b) the subject-matter of planning agreements, (c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public, (d) the public inspection of planning agreements after they have been made. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 3 Local infrastructure contributions div 7.1, sdiv 3 (previously pt 4, Div 6, Subdiv 3): Renumbered 2017 No 60, Sch 7.2 [1]. 7.11 Contribution towards provision or improvement of amenities or services (cf previous s 94) (1) If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring— (a) the dedication of land free of cost, or (b) the payment of a monetary contribution, or both. (2) A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned. (3) If— (a) a consent authority has, at any time, whether before or after the date of commencement of this Part, provided public amenities or public services within the area in preparation for or to facilitate the carrying out of development in the area, and (b) development for which development consent is sought will, if carried out, benefit from the provision of those public amenities or public services, the consent authority may grant the development consent subject to a condition requiring the payment of a monetary contribution towards recoupment of the cost of providing the public amenities or public services (being the cost as indexed in accordance with the regulations). (4) A condition referred to in subsection (3) may be imposed only to require a reasonable contribution towards recoupment of the cost concerned. (5) The consent authority may accept— (a) the dedication of land in part or full satisfaction of a condition imposed in accordance with subsection (3), or (b) the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with subsection (1) or (3). (6) If a consent authority proposes to impose a condition in accordance with subsection (1) or (3) in respect of development, the consent authority must take into consideration any land, money or other material public benefit that the applicant has elsewhere dedicated or provided free of cost within the area (or any adjoining area) or previously paid to the consent authority, other than— (a) a benefit provided as a condition of the grant of development consent under this Act, or (b) a benefit excluded from consideration under section 7.4(6). (7) If— (a) a condition imposed under subsection (1) or (3) in relation to development has been complied with, and (b) a public authority would, but for this subsection, be entitled under any other Act to require, in relation to or in connection with that development, a dedication of land or payment of money in respect of the provision of public amenities or public services or both, then, despite that other Act, compliance with the condition referred to in paragraph (a) is taken to have satisfied the requirement referred to in paragraph (b) to the extent of the value (determined, if the regulations so provide, in accordance with the regulations) of the land dedicated or the amount of money paid in compliance with the condition. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.12 Fixed development consent levies (cf previous s 94A) (1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay a levy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development. (2) A consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11. (2A) A consent authority cannot impose a condition under this section in relation to development on land within a special contributions area without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (3) Money required to be paid by a condition imposed under this section is to be applied towards the provision, extension or augmentation of public amenities or public services (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan. (4) A condition imposed under this section is not invalid by reason only that there is no connection between the development the subject of the development consent and the object of expenditure of any money required to be paid by the condition. (5) The regulations may make provision for or with respect to levies under this section, including— (a) the means by which the proposed cost of carrying out development is to be estimated or determined, and (b) the maximum percentage of a levy. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.13 Section 7.11 or 7.12 conditions subject to contributions plan (cf previous s 94B) (1) A consent authority may impose a condition under section 7.11 or 7.12 only if it is of a kind allowed by, and is determined in accordance with, a contributions plan (subject to any direction of the Minister under this Division). (2) However, in the case of a consent authority other than a council— (a) the consent authority may impose a condition under section 7.11 or 7.12 even though it is not authorised (or of a kind allowed) by, or is not determined in accordance with, a contributions plan, but (b) the consent authority must, before imposing the condition, have regard to any contributions plan that applies to the whole or any part of the area in which development is to be carried out. (3) A condition under section 7.11 that is of a kind allowed by a contributions plan (or a direction of the Minister under this Division) may be disallowed or amended by the Court on appeal because it is unreasonable in the particular circumstances of that case, even if it was determined in accordance with the relevant contributions plan (or direction). This subsection does not authorise the Court to disallow or amend the contributions plan or direction. (4) A condition under section 7.12 that is of a kind allowed by, and determined in accordance with, a contributions plan (or a direction of the Minister under this Division) may not be disallowed or amended by the Court on appeal. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.14 Cross-boundary issues (cf previous s 94C) (1) A condition may be imposed under section 7.11 or 7.12 for the benefit (or partly for the benefit) of an area that adjoins the local government area in which the development is to be carried out. (2) Any monetary contribution that is required to be paid under any such condition is to be apportioned among the relevant councils— (a) in accordance with any joint or other contributions plan approved by those councils, or (b) if provision is not made for the apportionment in any such plan—in accordance with the terms of the development consent for the development. (3) Any dispute between the councils concerned is to be referred to the Planning Secretary and resolved in accordance with any direction given by the Planning Secretary. s 7.14 (previously s 94C): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.15 Public service or public amenity may be provided outside NSW (cf previous s 94CA) A condition may, with the written approval of the Minister, be imposed under section 7.11 or 7.12 for the provision of a public amenity or public service on land in another State or Territory if the area in which the development the subject of the condition is to be carried out adjoins the other State or Territory. s 7.15 (previously s 94CA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.16 Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc (cf previous s 94D) (1) This section applies where the Minister or the Planning Secretary, as the consent authority, imposes conditions under section 7.11 or 7.12 in relation to— (a) land within a growth centre, or (b) other land within one or more council areas. (2) This Division applies to land within a growth centre as if references in this Division to the area were references to the growth centre. (3) Any monetary contribution paid in accordance with a condition under section 7.11 or 7.12— (a) must be paid by the Minister or Planning Secretary to the corporation for the growth centre or to the councils of the areas concerned, and (b) must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was levied. (4) This section applies to the Minister as consent authority whether or not the Minister is the consent authority because it is State significant development. (5) s 7.16 (previously s 94D): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.17 Directions by Minister (cf previous s 94E) (1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to— (a) the public amenities and public services in relation to which a condition under section 7.11 may or may not be imposed, and (b) in the case of a condition under section 7.11 requiring the payment of a monetary contribution— (i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and (ii) the maximum amount of any such contribution, and (c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 7.11, and (d) the type or area of development in respect of which a condition under section 7.12 may be imposed and the maximum percentage of the levy, and (e) the use of monetary contributions or levies for purposes other than those for which they were paid, and (f) the preparation of joint contributions plans by two or more councils, and (g) how money paid under this Division for different purposes in accordance with the conditions of development consents is to be pooled and applied progressively for those purposes, and (h) the time at which a monetary contribution or levy is to be paid. (1A) A direction under subsection (1)(h) may be given only during the prescribed period within the meaning of section 10.17. (1B) A provision of a development consent granted before and inconsistent with a direction under subsection (1)(h) is taken to be modified so as to be consistent with the direction, but only for a contribution or levy (or a component of a contribution or levy) that has not been paid before the direction is given. (2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms. (3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan. s 7.17 (previously s 94E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. 7.18 Contributions plans—making (cf previous s 94EA) (1) A council, or two or more councils, may, subject to and in accordance with the regulations, prepare and approve a contributions plan for the purpose of imposing conditions under this Division (other than Subdivision 4). (2) If a contributions plan authorises the imposition of conditions under section 7.12, the plan is to specify the type or area of development in respect of which a condition under section 7.12 may be imposed and is to preclude the imposition of a condition under section 7.11 in respect of that type or area of development. (2A) (3) The regulations may make provision for or with respect to the preparation and approval of contributions plans, including the format, structure and subject-matter of plans. (4) A council is, as soon as practicable after approving a contributions plan, to provide the Minister with a copy of the plan. s 7.18 (previously s 94EA): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. 7.19 Contributions plans—making, amendment or repeal by Minister (cf previous s 94EAA) (1) The Minister may direct a council, in writing, to approve, amend or repeal a contributions plan in the time and manner specified in the direction. (2) The Minister may make, amend or repeal a contributions plan if— (a) a council fails to approve, amend or repeal the plan in accordance with a direction of the Minister under this section, or (b) a council consents in writing to the Minister making, amending or repealing the plan. The plan, the amended plan or the repeal of the plan has effect as if it had been approved, amended or repealed by the council. (3) The Minister in making, amending or repealing a contributions plan under this section is not subject to the regulations. (4) A person cannot appeal to the Court under this Act in respect of— (a) the making, amending or repealing of a contributions plan by or at the direction of the Minister under this section, or (b) the reasonableness in the particular circumstances of a condition under section 7.11 that is determined in accordance with any such contributions plan, despite section 7.13(3) or any other provision of this Act. s 7.19 (previously s 94EAA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.20 Contributions plans—judicial notice, validity etc (cf previous s 94EB) (1) Judicial notice is to be taken of a contributions plan and of the date on which the plan came into effect. (2) It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a contributions plan have been complied with and performed. (3) The validity of any procedure required to be followed in making or approving a contributions plan is not to be questioned in any legal proceedings except those commenced in the Court by any person within 3 months after the date on which the plan came into effect. (4) The amendment or repeal, whether in whole or in part, of a contributions plan does not affect the previous operation of the plan or anything duly done under the plan. s 7.20 (previously s 94EB): Renumbered 2017 No 60, Sch 7.2 [1]. 7.21 Contributions plans—complying development (cf previous s 94EC) (1) In relation to an application made to a registered certifier for a complying development certificate, a contributions plan— (a) is to specify whether or not the registered certifier must, if a complying development certificate is issued, impose a condition under section 7.11 or 7.12, and (b) can only authorise the imposition by a registered certifier of a condition under section 7.11 that requires the payment of a monetary contribution, and (c) must specify the amount of the monetary contribution or levy that a registered certifier must so impose or the precise method by which the amount is to be determined. (1A) The imposition of a condition by a registered certifier as authorised by a contributions plan is subject to compliance with any directions given under section 7.17(1)(a), (b) or (d) with which a council would be required to comply if issuing the complying development certificate concerned. (2) This section does not limit anything for which a contributions plan may make provision in relation to a consent authority. (3) The regulations may make provision for or with respect to anything for which a contributions plan may make provision under this section (being provisions that apply despite anything to the contrary in the contributions plan). The regulations may provide that the amount of a monetary contribution or levy be determined in a manner and by a person or body authorised by the regulations. s 7.21 (previously s 94EC): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Subdivision 4 Housing and productivity contributions div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.22 Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.30(1). strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2. 7.23 Effect of subdivision Nothing in this subdivision affects the operation of Subdivision 2 or 3. s 7.23 (previously s 94EE): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.24 Provision of regional infrastructure (1) The object of this subdivision is to facilitate the provision of regional infrastructure that supports and promotes housing and economic activity in a region by enabling a contribution (a housing and productivity contribution ) to be required. (2) Regional infrastructure may be provided in 1 or more of the following ways— (a) by providing the regional infrastructure, (b) by recouping the cost of providing the regional infrastructure, (c) by funding recurrent expenditure relating to providing the regional infrastructure, (d) by the Minister, the Planning Ministerial Corporation or the Planning Secretary exercising the following functions in the administration of this part— (i) carrying out research or investigation, (ii) preparing a report or study or an instrument, (iii) doing another matter or thing in connection with the administration of this part. (3) Regional infrastructure provided under subsection (2)(a)–(c) may be provided by making a payment to a council for the council to provide the regional infrastructure. (4) A Ministerial planning order may require a housing and productivity contribution towards the provision of regional infrastructure. (5) A housing and productivity contribution must not be imposed on development on land in a region to provide regional infrastructure outside the region or the State, except to the extent that it is for measures to conserve or enhance the natural environment. (6) In this section— provide infrastructure includes to extend or augment infrastructure. s 7.24 (previously s 94EF): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.25 Measures to conserve or enhance the natural environment In this subdivision, measures to conserve or enhance the natural environment include the following measures implemented by the State or a council— (a) a measure relating to biodiversity certified land, including the following— (i) an approved conservation measure specified in the order conferring biodiversity certification on the land, (ii) other approved measures referred to in the Biodiversity Conservation Act 2016 , section 8.3(3), (iii) costs and expenses incurred by the Minister, the Planning Secretary, a council or another prescribed person in making an application for biodiversity certification under that Act, (b) a measure that directly conserves or enhances the natural environment and is undertaken— (i) for the purposes of an endorsed policy, plan or program, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 146A, or (ii) under the conditions of an approval of the taking of actions or a class of actions under that Act, section 146B. Note— The Commonwealth Minister for the Environment may approve the taking of actions or a class of actions in accordance with a policy, plan or program endorsed in accordance with an agreement on strategic assessment—see the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, Part 10. s 7.25 (previously s 94EG): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.26 Content of Ministerial planning orders requiring housing and productivity contributions (1) A Ministerial planning order that requires a housing and productivity contribution must specify the following— (a) the level and nature of the housing and productivity contribution, (b) the classes of development to which the housing and productivity contribution will apply, (c) the region, or part of the region, to which the housing and productivity contribution applies, (d) the way in which the housing and productivity contribution must be determined, (e) the time at which the housing and productivity contribution is required, (f) whether the housing and productivity contribution includes— (i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a transport project component ), and (ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a strategic biodiversity component ), (g) whether the housing and productivity contribution is required when a complying development certificate is issued for development. (2) A Ministerial planning order that requires a housing and productivity contribution may specify the following— (a) requirements relating to the form of the housing and productivity contribution, (b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions, (c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about— (i) the housing and productivity contribution required under the Ministerial planning order, and (ii) other obligations arising under the Ministerial planning order, (d) exemptions from the housing and productivity contribution, (e) the indexation of the housing and productivity contribution. s 7.26 (previously s 94EH): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.27 Making Ministerial planning orders requiring housing and productivity contributions (1) Before making a Ministerial planning order that requires a housing and productivity contribution, the Minister must obtain the concurrence of the Treasurer. (2) A Ministerial planning order that requires a housing and productivity contribution comes into force— (a) when it is published on the NSW planning portal, or (b) if a later day is specified in the order—on the later day. s 7.27 (previously s 94EI): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.28 Housing and productivity contributions imposed as conditions of development consent (1) If a Ministerial planning order requires a housing and productivity contribution in relation to development— (a) a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or (b) for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution. (2) The condition must be imposed in accordance with the Ministerial planning order. (3) If the consent authority or the certifier fails to impose the condition, the condition— (a) is taken to have been imposed in the terms required by the Ministerial planning order, and (b) the condition has effect as if it had been imposed by the consent authority or the certifier. (4) A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12. (5) If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made. (6) A condition imposed under this section must not be modified without the approval of the Minister. s 7.28 (previously s 94EJ): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. 7.29 No connection required No connection is required between the development on which a housing and productivity contribution is imposed and the regional infrastructure provided from the contribution, except— (a) a transport project component of the contribution may be imposed on development on land only for transport infrastructure that benefits the area in which the land is located, and (b) a strategic biodiversity component of the contribution may be imposed on development on land only for measures to conserve or enhance the natural environment that were required for biodiversity certification of the land. s 7.29 (previously s 94EK): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.30 No appeals A person cannot appeal to the Court under this Act in relation to a condition imposed under this subdivision. s 7.30 (previously s 94EL): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31 SBC Fund (1) There is established in the Special Deposits Account a fund called the Strategic Biodiversity Contributions Fund ( SBC Fund ). (2) The SBC Fund must be administered by the Planning Secretary. (3) The following must be paid into the SBC Fund— (a) payments relating to a strategic biodiversity component of a housing and productivity contribution, (b) money appropriated by Parliament for the purposes of the SBC Fund, (c) the proceeds of the investment of money in the SBC Fund, (d) other money required to be paid into the SBC Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the SBC Fund. (4) The assets of the SBC Fund may be applied only for the following purposes— (a) payments to public authorities for the provision of regional infrastructure that is a measure referred to in section 7.25, (b) money required to meet administrative expenses in relation to the SBC Fund, (c) other money directed or authorised to be paid from the SBC Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under subsection (3)(e). (5) A payment for the provision of regional infrastructure that is an approved conservation measure referred to in section 7.25(a)(i) must be made in accordance with the order specifying the approved conservation measure. (6) The Planning Secretary may make a payment out of the SBC Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Minister, and (b) after consultation with the Treasurer. (7) This section does not limit payments being made out of the HAP Fund to the Planning Secretary under section 7.31D. (8) The money in the SBC Fund may be invested in a way that the Minister is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31 (previously s 94EM): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Subdivision 5 Establishment of Housing and Productivity Fund div 7.1, sdiv 5 (previously pt 4, Div 6, Subdiv 5): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31A Establishment of HAP Fund (1) There is established in the Special Deposits Account a fund called the Housing and Productivity Fund ( HAP Fund ). (2) Different accounts must be established in the HAP Fund to ensure— (a) housing and productivity contributions from development on land in a region, and proceeds from the investment of the contributions, are expended in the region as required by Subdivision 4, and (b) the transport project component from development on land in an area, and proceeds from the investment of the component, are expended for the benefit of the area. (3) The HAP Fund must be administered by the Treasury Secretary. s 7.31A: Ins 2023 No 10, Sch 1[8]. 7.31B Purpose of HAP Fund (1) The purpose of the HAP Fund is to support housing and promote economic activity in each region for which a housing and productivity contribution is required. (2) The HAP Fund achieves this by providing a source of funding for regional infrastructure in the region that— (a) facilitates the achievement of the planning priorities identified in a strategic plan applicable in the region, and (b) is able to be delivered in a reasonable time, and (c) is aligned with the asset management plan of the public authority to whom funding is provided. (3) The planning priorities include the housing targets for a district identified in a district strategic plan, as referred to in section 3.4. s 7.31B: Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. 7.31C Payments into HAP Fund The following must be paid into the HAP Fund— (a) housing and productivity contributions made under Subdivision 4, except for amounts required to be paid into the SBC Fund, (b) money appropriated by Parliament for the purposes of the HAP Fund, (c) the proceeds of the investment of money in the HAP Fund, (d) money required to be paid into the HAP Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the HAP Fund. s 7.31C: Ins 2023 No 10, Sch 1[8]. 7.31D Payments out of HAP Fund (1) The following are payable from the HAP Fund— (a) payments to public authorities for the provision of regional infrastructure, including associated administrative expenses, (b) money required to meet administrative expenses in relation to the HAP Fund, (c) money directed or authorised to be paid from the HAP Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under section 7.31C(e). (2) A payment for the provision of regional infrastructure may be made if the infrastructure is— (a) identified in a strategic plan, or (b) identified in a State infrastructure strategy or an infrastructure plan under the Infrastructure NSW Act 2011 , Part 4, or (c) recommended for funding by the Minister because the Minister considers the infrastructure assists in achieving the purpose of the HAP Fund. (3) In making a recommendation under subsection (2)(c), the Minister must consider any representations made, in accordance with arrangements established by the Minister, by the following— (a) public authorities that deliver regional infrastructure, (b) councils, (c) the development industry. (4) The Treasury Secretary may make a payment out of the HAP Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Treasurer, and (b) after consulting with the Minister. (5) The regulations may provide for councils to make submissions to the Minister and Treasurer about future payments from the HAP Fund. s 7.31D: Ins 2023 No 10, Sch 1[8]. 7.31E Investment of money in HAP Fund The money in the Fund may be invested in a way that the Treasurer is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31E: Ins 2023 No 10, Sch 1[8]. Subdivision 6 Report by Treasurer div 7.1, sdiv 6: Ins 2023 No 10, Sch 1[8]. 7.31F Treasurer to give annual report (1) The Treasurer must prepare a report detailing, for each financial year, the payments made into, and from, each of the following— (a) the SBC Fund, (b) the HAP Fund. (2) The report must be in the form required by the regulations. (3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates. (4) In this section— financial year means a period of 12 months commencing on 1 July. s 7.31F: Ins 2023 No 10, Sch 1[8].

Housing and productivity contributions div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.22 Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.30(1). strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2. 7.23 Effect of subdivision Nothing in this subdivision affects the operation of Subdivision 2 or 3. s 7.23 (previously s 94EE): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.24 Provision of regional infrastructure (1) The object of this subdivision is to facilitate the provision of regional infrastructure that supports and promotes housing and economic activity in a region by enabling a contribution (a housing and productivity contribution ) to be required. (2) Regional infrastructure may be provided in 1 or more of the following ways— (a) by providing the regional infrastructure, (b) by recouping the cost of providing the regional infrastructure, (c) by funding recurrent expenditure relating to providing the regional infrastructure, (d) by the Minister, the Planning Ministerial Corporation or the Planning Secretary exercising the following functions in the administration of this part— (i) carrying out research or investigation, (ii) preparing a report or study or an instrument, (iii) doing another matter or thing in connection with the administration of this part. (3) Regional infrastructure provided under subsection (2)(a)–(c) may be provided by making a payment to a council for the council to provide the regional infrastructure. (4) A Ministerial planning order may require a housing and productivity contribution towards the provision of regional infrastructure. (5) A housing and productivity contribution must not be imposed on development on land in a region to provide regional infrastructure outside the region or the State, except to the extent that it is for measures to conserve or enhance the natural environment. (6) In this section— provide infrastructure includes to extend or augment infrastructure. s 7.24 (previously s 94EF): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.25 Measures to conserve or enhance the natural environment In this subdivision, measures to conserve or enhance the natural environment include the following measures implemented by the State or a council— (a) a measure relating to biodiversity certified land, including the following— (i) an approved conservation measure specified in the order conferring biodiversity certification on the land, (ii) other approved measures referred to in the Biodiversity Conservation Act 2016 , section 8.3(3), (iii) costs and expenses incurred by the Minister, the Planning Secretary, a council or another prescribed person in making an application for biodiversity certification under that Act, (b) a measure that directly conserves or enhances the natural environment and is undertaken— (i) for the purposes of an endorsed policy, plan or program, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 146A, or (ii) under the conditions of an approval of the taking of actions or a class of actions under that Act, section 146B. Note— The Commonwealth Minister for the Environment may approve the taking of actions or a class of actions in accordance with a policy, plan or program endorsed in accordance with an agreement on strategic assessment—see the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, Part 10. s 7.25 (previously s 94EG): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.26 Content of Ministerial planning orders requiring housing and productivity contributions (1) A Ministerial planning order that requires a housing and productivity contribution must specify the following— (a) the level and nature of the housing and productivity contribution, (b) the classes of development to which the housing and productivity contribution will apply, (c) the region, or part of the region, to which the housing and productivity contribution applies, (d) the way in which the housing and productivity contribution must be determined, (e) the time at which the housing and productivity contribution is required, (f) whether the housing and productivity contribution includes— (i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a transport project component ), and (ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a strategic biodiversity component ), (g) whether the housing and productivity contribution is required when a complying development certificate is issued for development. (2) A Ministerial planning order that requires a housing and productivity contribution may specify the following— (a) requirements relating to the form of the housing and productivity contribution, (b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions, (c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about— (i) the housing and productivity contribution required under the Ministerial planning order, and (ii) other obligations arising under the Ministerial planning order, (d) exemptions from the housing and productivity contribution, (e) the indexation of the housing and productivity contribution. s 7.26 (previously s 94EH): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.27 Making Ministerial planning orders requiring housing and productivity contributions (1) Before making a Ministerial planning order that requires a housing and productivity contribution, the Minister must obtain the concurrence of the Treasurer. (2) A Ministerial planning order that requires a housing and productivity contribution comes into force— (a) when it is published on the NSW planning portal, or (b) if a later day is specified in the order—on the later day. s 7.27 (previously s 94EI): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.28 Housing and productivity contributions imposed as conditions of development consent (1) If a Ministerial planning order requires a housing and productivity contribution in relation to development— (a) a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or (b) for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution. (2) The condition must be imposed in accordance with the Ministerial planning order. (3) If the consent authority or the certifier fails to impose the condition, the condition— (a) is taken to have been imposed in the terms required by the Ministerial planning order, and (b) the condition has effect as if it had been imposed by the consent authority or the certifier. (4) A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12. (5) If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made. (6) A condition imposed under this section must not be modified without the approval of the Minister. s 7.28 (previously s 94EJ): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. 7.29 No connection required No connection is required between the development on which a housing and productivity contribution is imposed and the regional infrastructure provided from the contribution, except— (a) a transport project component of the contribution may be imposed on development on land only for transport infrastructure that benefits the area in which the land is located, and (b) a strategic biodiversity component of the contribution may be imposed on development on land only for measures to conserve or enhance the natural environment that were required for biodiversity certification of the land. s 7.29 (previously s 94EK): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.30 No appeals A person cannot appeal to the Court under this Act in relation to a condition imposed under this subdivision. s 7.30 (previously s 94EL): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31 SBC Fund (1) There is established in the Special Deposits Account a fund called the Strategic Biodiversity Contributions Fund ( SBC Fund ). (2) The SBC Fund must be administered by the Planning Secretary. (3) The following must be paid into the SBC Fund— (a) payments relating to a strategic biodiversity component of a housing and productivity contribution, (b) money appropriated by Parliament for the purposes of the SBC Fund, (c) the proceeds of the investment of money in the SBC Fund, (d) other money required to be paid into the SBC Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the SBC Fund. (4) The assets of the SBC Fund may be applied only for the following purposes— (a) payments to public authorities for the provision of regional infrastructure that is a measure referred to in section 7.25, (b) money required to meet administrative expenses in relation to the SBC Fund, (c) other money directed or authorised to be paid from the SBC Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under subsection (3)(e). (5) A payment for the provision of regional infrastructure that is an approved conservation measure referred to in section 7.25(a)(i) must be made in accordance with the order specifying the approved conservation measure. (6) The Planning Secretary may make a payment out of the SBC Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Minister, and (b) after consultation with the Treasurer. (7) This section does not limit payments being made out of the HAP Fund to the Planning Secretary under section 7.31D. (8) The money in the SBC Fund may be invested in a way that the Minister is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31 (previously s 94EM): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8].

Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.30(1). strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2.

Table of amending instruments Environmental Planning and Assessment Act 1979 No 203 . Assented to 21.12.1979. Date of commencement, secs 1, 2 and 155 excepted, 1.9.1980, sec 2 and GG No 91 of 4.7.1980, p 3366. This Act has been amended by secs 9.23(9) and 156 (appointed day: 25.3.1988, GG No 65 of 25.3.1988, p 2044) and by Sch 8, cl 12 of this Act and as follows— 1980 No 187 Miscellaneous Acts (Retirement of Statutory Officers) Amendment Act 1980 . Assented to 17.12.1980. 1981 No 83 Miscellaneous Acts (Financial Accommodation) Amendment Act 1981 . Assented to 9.6.1981. A proclamation was published in GG No 79 of 12.6.1981, p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments were taken to have commenced on 12.6.1981. 1983 No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 . Assented to 29.12.1983. Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19. 1984 No 153 Statute Law (Miscellaneous Amendments) Act 1984 . Assented to 10.12.1984. 1985 No 228 Environmental Planning and Assessment (Amendment) Act 1985 . Assented to 18.12.1985. Date of commencement of Schs 1–8 (except Sch 8 (18)), 3.2.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470; date of commencement of Sch 8 (18), 3.3.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470. 1986 No 205 Miscellaneous Acts (Water Administration) Amendment Act 1986 . Assented to 18.12.1986. Date of commencement of Sch 2, 1.1.1987, sec 2 (2) and GG No 195 of 19.12.1986, p 6267. No 218 Statute Law (Miscellaneous Provisions) Act (No 2) 1986 . Assented to 23.12.1986. No 220 Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986 . Assented to 23.12.1986. Date of commencement, secs 1 and 2 excepted, 1.3.1989, sec 2 (2) and GG No 21 of 10.2.1989, p 911. 1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987 . Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. No 159 Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1987 . Assented to 18.11.1987. No 197 Miscellaneous Acts (Wilderness) Amendment Act 1987 . Assented to 4.12.1987. 1988 No 20 Statute Law (Miscellaneous Provisions) Act 1988 . Assented to 28.6.1988. Date of commencement of Sch 5, assent, sec 2 (1). No 114 Transport Legislation (Repeal and Amendment) Act 1988 . Assented to 21.12.1988. Date of commencement, 16.1.1989, sec 2 (1) and GG No 3 of 16.1.1989, p 277. 1989 No 30 Waste Disposal (Amendment) Act 1989 . Assented to 21.4.1989. Date of commencement, 30.6.1989, sec 2 and GG No 81 of 30.6.1989, p 3811. No 32 Environmental Planning and Assessment (Amendment) Act 1989 . Assented to 1.5.1989. Date of commencement, 30.6.1989, sec 2 and GG No 73 of 16.6.1989, p 3533. No 105 Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989 . Assented to 15.8.1989. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , 1.10.1989, sec 2 and GG No 98 of 29.9.1989, p 7742. No 204 Miscellaneous Acts (Community Land) Amendment Act 1989 . Assented to 21.12.1989. Date of commencement, 1.8.1990, sec 2 and GG No 82 of 29.6.1990, p 5399. 1990 No 46 Statute Law (Miscellaneous Provisions) Act 1990 . Assented to 22.6.1990. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, sec 2. No 118 Technical and Further Education Commission Act 1990 . Assented to 18.12.1990. Date of commencement, 1.2.1991, sec 2 and GG No 20 of 1.2.1991, p 868. 1991 No 22 Land Acquisition (Just Terms Compensation) Act 1991 . Assented to 30.8.1991. Date of commencement, 1.1.1992, sec 2 and GG No 163 of 22.11.1991, p 9736. No 64 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 . Assented to 17.12.1991. Date of commencement, 14.2.1992, sec 2 and GG No 20 of 14.2.1992, p 843. No 66 Endangered Fauna (Interim Protection) Act 1991 . Assented to 17.12.1991. Date of commencement, assent, sec 3. 1992 No 1 Timber Industry (Interim Protection) Act 1992 . Assented to 12.3.1992. Date of commencement, assent, sec 2. No 34 Statute Law (Miscellaneous Provisions) Act 1992 . Assented to 18.5.1992. Date of commencement of the provisions of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, Sch 1. No 89 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1992 . Assented to 2.12.1992. Date of commencement, 16.12.1992, sec 2. No 90 Environmental Planning and Assessment (Miscellaneous Amendments) Act 1992 . Assented to 2.12.1992. Date of commencement, 28.6.1993, sec 2 and GG No 49 of 21.5.1993, p 2354. No 112 Statute Law (Penalties) Act 1992 . Assented to 8.12.1992. Date of commencement, assent, sec 2. 1993 No 12 Strata Titles (Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7399. No 13 Strata Titles (Leasehold Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7398. No 32 Local Government (Consequential Provisions) Act 1993 . Assented to 8.6.1993. Date of commencement of Sch 2, 1.7.1993, sec 2 (1) and GG No 73 of 1.7.1993, p 3342. No 33 Roads Act 1993 . Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. No 93 Environmental Planning and Assessment (Part 5) Amendment Act 1993 . Assented to 30.11.1993. Date of commencement, 22.4.1994, sec 2 and GG No 58 of 15.4.1994, p 1607. No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1993 . Assented to 2.12.1993. Date of commencement of item (1) of the provisions of Sch 2 relating to the Environmental Planning and Assessment Act 1979 , 1.7.1993, Sch 2; date of commencement of item (2) of those provisions, 28.6.1993, Sch 2. 1994 No 29 Environmental Planning and Assessment (Amendment) Act 1994 . Assented to 30.5.1994. Date of commencement, 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3237. No 44 Local Government Legislation (Miscellaneous Amendments) Act 1994 . Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915. 1995 No 11 Statute Law Revision (Local Government) Act 1995 . Assented to 9.6.1995. Date of commencement of Sch 1.41, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. No 32 State Owned Corporations Amendment Act 1995 . Assented to 23.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3437. No 36 Public Sector Management Amendment Act 1995 . Assented to 25.9.1995. Date of commencement, 13.10.1995, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99 . Assented to 21.12.1995. Date of commencement of Sch 2.15, assent, sec 2 (2). No 95 Energy Services Corporations Act 1995 . Assented to 21.12.1995. Date of commencement of Sch 4.9, 1.3.1996, sec 2 and GG No 26 of 1.3.1996, p 832. No 101 Threatened Species Conservation Act 1995 . Assented to 22.12.1995. Date of commencement of Sch 5, 1.1.1996, sec 2 (1) and GG No 158 of 22.12.1995, p 8802. 1996 No 15 Environmental Planning and Assessment Amendment (Contaminated Land) Act 1996 . Assented to 13.6.1996. Date of commencement, 5.7.1996, sec 2 and GG No 81 of 5.7.1996, p 3826. No 30 Statute Law (Miscellaneous Provisions) Act 1996 . Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 31 Environmental Planning and Water Legislation Amendment Act 1996 . Assented to 24.6.1996. Date of commencement, assent, sec 2. No 44 Environmental Planning and Assessment Amendment Act 1996 . Assented to 28.6.1996. Date of commencement, 1.8.1996, sec 2 and GG No 89 of 26.7.1996, p 4354. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 45 Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 . Assented to 28.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. No 121 Statute Law (Miscellaneous Provisions) Act (No 2) 1996 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 139 Strata Schemes Management (Miscellaneous Amendments) Act 1996 . Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55 . Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). 1997 No 63 Water and Environmental Planning Legislation Amendment Act 1997 . Assented to 2.7.1997. Date of commencement of Sch 3, 6.2.1998, sec 2 (2) and GG No 22 of 6.2.1998, p 524. No 81 Environmental Planning and Assessment Legislation Amendment Act 1997 . Assented to 10.7.1997. Date of commencement, 15.8.1997, sec 2 and GG No 91 of 15.8.1997, p 6288. No 140 Contaminated Land Management Act 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.2, 1.9.1998, sec 2 and GG No 123 of 21.8.1998, p 6171. No 147 Statute Law (Miscellaneous Provisions) Act (No 2) 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.6, assent, sec 2 (2); date of commencement of Sch 3, 3 months after assent, sec 2 (3). No 152 Environmental Planning and Assessment Amendment Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. No 153 Fisheries Management Amendment Act 1997 . Assented to 19.12.1997. Date of commencement of Sch 6, 1.7.1998, sec 2 and GG No 100 of 26.6.1998, p 5093. No 156 Protection of the Environment Operations Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1999, sec 2 and GG No 178 of 24.12.1998, p 9952. 1998 No 29 Darling Harbour Authority Amendment and Repeal Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 2, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5326; the amendment made by Sch 3.3 was not commenced and was repealed by the Sydney Harbour Foreshore Authority Act 1998 No 170 . No 32 Sydney Cove Redevelopment Authority Amendment Act 1998 . Assented to 15.6.1998. Date of commencement, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5327. No 33 Building and Construction Industry Long Service Payments Amendment Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 4, 1.7.1998, sec 2 (1) and GG No 97 of 26.6.1998, p 4421. No 54 Statute Law (Miscellaneous Provisions) Act 1998 . Assented to 30.6.1998. Date of commencement of Sch 1.9, item [40] excepted, 1.7.1998, Sch 1.9 and GG No 101 of 1.7.1998, p 5119; date of commencement of Sch 1.9 [40], assent, Sch 1.9; date of commencement of Sch 2.12, 1.7.1998, Sch 2.12 and GG No 101 of 1.7.1998, p 5119. No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 1998 . Assented to 26.11.1998. Date of commencement of Sch 1.15, assent, sec 2 (2). No 138 Heritage Amendment Act 1998 . Assented to 8.12.1998. Date of commencement, 2.4.1999, sec 2 and GG No 27 of 5.3.1999, p 1546. No 145 Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998 . Assented to 8.12.1998. Date of commencement, 1.1.1999, sec 2 and GG No 176 of 18.12.1998, p 9726. No 170 Sydney Harbour Foreshore Authority Act 1998 . Assented to 14.12.1998. Date of commencement of Sch 3, 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 285; date of commencement of Sch 4, 1.1.2001, sec 2 and GG No 170 of 29.12.2000, p 13950. 1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999 . Assented to 7.7.1999. Date of commencement of Sch 1.12, assent, sec 2 (2). No 38 Local Government Amendment (Amalgamations and Boundary Changes) Act 1999 . Assented to 7.7.1999. Date of commencement, 23.7.1999, sec 2 and GG No 84 of 23.7.1999, p 5144. No 72 Environmental Planning and Assessment Amendment Act 1999 . Assented to 3.12.1999. Date of commencement of Schs 1, 2 and 4, 1.2.2000, sec 2 (1) and GG No 3 of 14.1.2000, p 165; date of commencement of Sch 3, 1.6.2000, sec 2 (1) and GG No 65 of 31.5.2000, p 4485; date of commencement of Schs 5 and 6, assent, sec 2 (2). No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999 . Assented to 3.12.1999. Date of commencement of Sch 2.17, assent, sec 2 (2). 2000 No 18 Albury-Wodonga Development Repeal Act 2000 . Assented to 30.5.2000. Date of commencement of Sch 1, 1.3.2004, sec 2 and GG No 47 of 27.2.2004, p 823. No 29 Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000 . Assented to 5.6.2000. Date of commencement, assent, sec 2. No 86 Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 . Assented to 6.12.2000. Date of commencement of Sch 1, 22.12.2000, sec 2 and GG No 169A of 22.12.2000 p 13909; date of commencement of Sch 6.1, 23.3.2001, sec 2 and GG No 54 of 16.3.2001, p 1227. No 92 Water Management Act 2000 . Assented to 8.12.2000. Date of commencement of Sch 8.8, 1.7.2004, sec 2 (1) and GG No 110 of 1.7.2004, p 5002. No 93 Statute Law (Miscellaneous Provisions) Act (No 2) 2000 . Assented to 8.12.2000. Date of commencement of Sch 1.8, assent, sec 2 (2). 2001 No 56 Statute Law (Miscellaneous Provisions) Act 2001 . Assented to 17.7.2001. Date of commencement of Sch 1.3, assent, sec 2 (2). No 93 Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 . Assented to 6.12.2001. Date of commencement of Sch 2 [1] [4] [7]–[10A] [14] and [15], 26.10.2007, sec 2 (1) and GG No 132 of 28.9.2007, p 7325; Sch 2 [2] [3] [5] and [10B] were not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 ; Sch 2 [6] was not commenced and was repealed by the Environmental Planning Legislation Amendment Act 2006 No 123 ; Sch 2 [11]–[13] were not commenced and were repealed by the Building Legislation Amendment (Quality of Construction) Act 2002 No 134 . Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.2, assent, sec 2 (1). No 104 Fisheries Management Amendment Act 2001 . Assented to 11.12.2001. Date of commencement of Sch 2, 14.12.2001, sec 2 and GG No 190 of 14.12.2001, p 9830. No 121 Justices Legislation Repeal and Amendment Act 2001 . Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. No 126 Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 . Assented to 19.12.2001. Date of commencement, 6.9.2002, sec 2 and GG No 142 of 6.9.2002, p 7887. 2002 No 44 Environmental Planning and Assessment Amendment (Anti-Corruption) Act 2002 . Assented to 3.7.2002. Date of commencement, 5.7.2002, sec 2 and GG No 111 of 5.7.2002, p 5089. No 53 Statute Law (Miscellaneous Provisions) Act 2002 . Assented to 4.7.2002. Date of commencement of Sch 1.7, assent, sec 2 (2). No 55 Olympic Co-ordination Authority Dissolution Act 2002 . Assented to 8.7.2002. Date of commencement, 1.7.2002, sec 2. No 67 Rural Fires and Environmental Assessment Legislation Amendment Act 2002 . Assented to 10.7.2002. Date of commencement, 1.8.2002, sec 2 and GG No 122 of 26.7.2002, p 5545. No 76 Land and Environment Court Amendment Act 2002 . Assented to 2.10.2002. Date of commencement, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 763. No 78 Threatened Species Conservation Amendment Act 2002 . Assented to 2.10.2002. Date of commencement of Sch 2.1 [1]–[4] [6] and [7], 31.10.2005, sec 2 and GG No 132 of 28.10.2005, p 8938; date of commencement of Sch 2.1 [5] and [8]–[16], 31.1.2003, sec 2 and GG No 33 of 31.1.2003, p 600. No 92 Civil Liability Amendment (Personal Responsibility) Act 2002 . Assented to 28.11.2002. Date of commencement of Sch 4.2, 1.12.2004, sec 2 and GG No 187 of 26.11.2004, p 8550. No 94 Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Act 2002 . Assented to 28.11.2002. Date of commencement, assent, sec 2. No 103 Law Enforcement (Powers and Responsibilities) Act 2002 . Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. No 112 Statute Law (Miscellaneous Provisions) Act (No 2) 2002 . Assented to 29.11.2002. Date of commencement of Sch 2.4, assent, sec 2 (3). No 134 Building Legislation Amendment (Quality of Construction) Act 2002 . Assented to 18.12.2002. Date of commencement of Sch 1.1 [1]–[5] [31] [34] [35] [37]–[40] and [42]–[44], 1.2.2003, sec 2 (1) and GG No 25 of 24.1.2003, p 426; date of commencement of Sch 1.1 [14], 10.2.2003, sec 2 (2) and GG No 39 of 7.2.2003, p 763; Sch 1.1 [6]–[13] [15]–[30] [32] [33] [36] and [41] were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 No 95 . 2003 No 40 Statute Law (Miscellaneous Provisions) Act 2003 . Assented to 22.7.2003. Date of commencement of Sch 1.13 [1] and [11], 1.9.1980, Sch 1.13; date of commencement of Sch 1.13 [2]–[8] [10] and [13], assent, sec 2 (2); date of commencement of Sch 1.13 [9], 1.7.1998, Sch 1.13; Sch 1.13 [12] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2006 No 58 . No 60 Environmental Planning and Assessment Amendment (Development Consents) Act 2003 . Assented to 6.11.2003. Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10755. No 95 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 . Assented to 10.12.2003. Date of commencement of Sch 1 [1] [3]–[6] [13]–[18] [19] (to the extent that it gives effect to proposed sec 109E (3) (a)–(c) and (e)) [21]–[26] [29]–[31] [33] [34] [36]–[38] [40] and [41], 1.3.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [2] [7]–[12] [19] (proposed sec 109E (3) (a)–(c) and (e) excepted) [20] and [35], 1.1.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [27] [32] [39] and [42]–[44], assent, sec 2 (2); Sch 1 [28] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004 No 55 . 2004 No 40 State Water Corporation Act 2004 . Assented to 30.6.2004. Date of commencement of Sch 3.4, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 4983. No 91 Statute Law (Miscellaneous Provisions) Act (No 2) 2004 . Assented to 10.12.2004. Date of commencement of Sch 2.27, assent, sec 2 (2). 2005 No 19 Environmental Planning and Assessment Amendment (Development Contributions) Act 2005 . Assented to 18.5.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3573. No 43 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 . Assented to 16.6.2005. Date of commencement of Schs 1 and 4–6, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031; date of commencement of Schs 2 and 3, 30.9.2005, sec 2 and GG No 120 of 30.9.2005, p 7672. No 57 Building Legislation Amendment (Smoke Alarms) Act 2005 . Assented to 1.7.2005. Date of commencement, 1.5.2006, sec 2. No 64 Statute Law (Miscellaneous Provisions) Act 2005 . Assented to 1.7.2005. Date of commencement of Sch 1.9, assent, sec 2 (2). No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005 . Assented to 24.11.2005. Date of commencement of Schs 2.19 and 3, assent, sec 2 (2). No 115 Building Professionals Act 2005 . Assented to 7.12.2005. Date of commencement of Sch 3.2 [1]–[3] [10] [11] and [14]–[17], 1.3.2007, sec 2 (1) and GG No 16 of 25.1.2007, p 305; date of commencement of Sch 3.2 [4] [7]–[9] and [13], 23.6.2006, sec 2 (1) and GG No 82 of 23.6.2006, p 4564; date of commencement of Sch 3.2 [5] [6] [12] [18] and [19], 3.3.2006, sec 2 (1) and GG No 30 of 3.3.2006, p 1051. Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.1, assent, sec 2 (1). 2006 No 8 Environmental Planning and Assessment Amendment Act 2006 . Assented to 3.4.2006. Date of commencement, 30.6.2006, sec 2 and GG No 84 of 30.6.2006, p 4784. No 13 Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 . Assented to 11.4.2006. Date of commencement, 28.3.2006 (the date on which notice was given in Parliament for leave to introduce the Bill for this Act), sec 2. No 35 Pipelines Amendment Act 2006 . Assented to 31.5.2006. Date of commencement, 15.9.2006, sec 2 and GG No 116 of 15.9.2006, p 7969. No 43 Interpretation Amendment Act 2006 . Assented to 8.6.2006. Date of commencement of Sch 2.1, 26.1.2009, sec 2 (2) and GG No 20 of 23.1.2009, p 394. No 58 Statute Law (Miscellaneous Provisions) Act 2006 . Assented to 20.6.2006. Date of commencement of Sch 1.10, assent, sec 2 (2). No 123 Environmental Planning Legislation Amendment Act 2006 . Assented to 4.12.2006. Date of commencement of Sch 1, Sch 1 [6]–[31] and [42]–[46] excepted, assent, sec 2 (1); date of commencement of Sch 1 [6]–[8] [10]–[14] [16]–[19] [21] [22] [24]–[30] [42] and [43], 12.1.2007, sec 2 (2) (a) and GG No 5 of 12.1.2007, p 81; date of commencement of Sch 1 [9] [15] [20] [23] [31] and [44]–[46], 20.7.2007, sec 2 (2) (a) and GG No 92 of 20.7.2007, p 4647. No 125 Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 . Assented to 4.12.2006. Date of commencement, assent, sec 2. 2007 (29) Order. GG No 21 of 31.1.2007, p 494. Date of commencement, on gazettal. No 27 Statute Law (Miscellaneous Provisions) Act 2007 . Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2). No 29 Brothels Legislation Amendment Act 2007 . Assented to 4.7.2007. Date of commencement, 1.10.2007, sec 2 and GG No 132 of 28.9.2007, p 7324. (354) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Order 2007 . GG No 93 of 20.7.2007, p 4807. Date of commencement, 20.7.2007, cl 2. (533) Environmental Planning and Assessment (Wagga Wagga City Council Planning Panel) Order 2007 . GG No 166 of 7.11.2007, p 8301. Date of commencement, on gazettal, cl 2. No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2007 . Assented to 7.12.2007. Date of commencement of Sch 4, assent, sec 2 (1). No 92 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Sch 4, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867. No 94 Miscellaneous Acts (Local Court) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Schs 1.39 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. (604) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) Order 2007 . GG No 183 of 17.12.2007, p 9799. Date of commencement, 21.1.2008, cl 2. 2008 (56) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) (Repeal) Order 2008 . GG No 28 of 3.3.2008, p 1415. Date of commencement, on gazettal. (57) Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 . GG No 28 of 3.3.2008, p 1417. Date of commencement, on gazettal. No 36 Environmental Planning and Assessment Amendment Act 2008 . Assented to 25.6.2008. Date of commencement of Sch 1.1 (except Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph and Sch 1.1 [15]) and 1.2 (except Sch 1.2 [21]) and 2.1 [51] (except to the extent that it inserts sec 118 (12) (d)), 1.7.2009, sec 2 and 2009 (254) LW 26.6.2009; Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; date of commencement of Schs 1.1 [15] and 2.1 [15] and [22]–[25], 27.2.2009, sec 2 and GG No 20 of 23.1.2009, p 393; date of commencement of Sch 1.2 [21], Sch 2.1 [1] [2] [3] (to the extent that it inserts the definitions of independent hearing and assessment panel , Planning Assessment Commission and planning assessment panel ) [6] [7] [8] (except to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1A)) [10]–[12] [13] (to the extent that it inserts Divs 1, 2 (other than secs 23D (1) (d) and 23F (3)), 4 and 6 (other than secs 23O (2) and (4) and 23P) of Part 2A) [39] [40] [42]–[44] [45] (to the extent that it inserts sec 118 (7B) and (7C)) [46]–[50] [51] (to the extent that it inserts sec 118 (12) (d)) [52]–[55] and [56] (to the extent that it inserts Sch 3), Sch 2.2 [1]–[9] [11]–[15] [16] (except to the extent that it omits sec 80 (8)) [27] [47]–[54] and [59]–[74] and [75] (to the extent that it inserts the heading to Div 3 of Part 21 of Sch 6 and cl 124) and Sch 4.1 [1] [2] (to the extent that it inserts the definition of accredited certifier ) [6] [9] [15] and [23], 3.11.2008, sec 2 and GG No 137 of 29.10.2008, p 10441; date of commencement of Sch 2.1 [3] (to the extent that it inserts the definition of joint regional planning panel ) [8] (to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1B)) [13] (to the extent that it inserts sec 23D (1) (d), Div 3 of Part 2A and sec 23O (2)) [27] (except to the extent that it inserts sec 89C) [41] [45] (to the extent that it inserts sec 118 (7A)) and [56] (to the extent that it inserts Sch 4), Sch 2.2 [10] [19] [33] [39] [46] and [55]–[58] and Sch 5.1 [5], 1.7.2009, sec 2 and 2009 (255) LW 26.6.2009; Sch 2.1 [3] (to the extent that it inserts the definition of planning arbitrator ) [13] (except to the extent that it inserts Divs 1, 2 (other than sec 23F (3)), 3, 4 and 6 (other than secs 23O (4) and 23P) of Part 2A) [20] [27] (to the extent that it inserts sec 89C) [32]–[35] and 2.2 [16] (to the extent that it omits sec 80 (8)) [20]–[25] [31] [32] and [34]–[38] were not commenced and were repealed by the Planning Appeals Legislation Amendment Act 2010 No 120 ; date of commencement of Sch 2.1 [4] (to the extent that it omits sec 20) [37] (to the extent that it inserts sec 97B) and [56] (to the extent to which it omits Schs 3 and 5), Sch 2.2 [75] (to the extent to which it inserts cl 125 of Sch 6) and Sch 4.1 [13] [14] and [24]–[26], 1.9.2008, sec 2 and GG No 100 of 22.8.2008, p 7687; Sch 2.1 [4] (except to the extent that it omits sec 20) was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 ; date of commencement of Sch 2.1 [5], Sch 4.1 [7] [8] [12] [20]–[22] [31] and [32] (except to the extent that it inserts cl 132 of Div 5 of Part 21 of Sch 6) and Sch 5.1 [10] and [12], 1.8.2008, sec 2 and GG No 91 of 23.7.2008, p 7278; Sch 2.1 [14] was not commenced and was repealed by the Regulatory Reform and Other Legislative Repeals Act 2015 No 48 ; date of commencement of Schs 2.1 [16] and 5.1 [2], 25.2.2011, sec 2 and 2010 (654) LW 1.12.2010; date of commencement of Schs 2.1 [21] and 5.1 [1] [3] [4] [6] [8] and [11], 26.10.2009, sec 2 and 2009 (509) LW 23.10.2009; Sch 2.1 [28] and [29] and so much of Sch 2.2 [75] as inserts cl 126 (2) of Sch 6 were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 ; Sch 3.1 [5] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; Sch 4.1 [2] (except to the extent that it inserts the definition of accredited certifier ) and [17] were not commenced and were repealed by the Environmental Planning and Assessment Amendment Act 2012 No 93 ; date of commencement of Sch 4.1 [27] and [29], 2.3.2009, sec 2 and GG No 29 of 6.2.2009, p 563; date of commencement of Sch 4.1 [28] and [30], 25.2.2011, sec 2 and 2010 (757) LW 20.12.2010; date of commencement of Sch 5.1 [7] and [9], 8.3.2013, sec 2 and 2013 (89) LW 8.3.2013; the remainder was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 . Assented to 10.12.2008. Date of commencement of Sch 4, assent, sec 2 (1). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 . Assented to 14.12.2009. Date of commencement of Schs 1.7 and 2, 8.1.2010, sec 2 (2). Amended by Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 . Assented to 26.5.2010. Date of commencement, assent, sec 2. Amended by Planning Appeals Legislation Amendment Act 2010 No 120 . Assented to 29.11.2010. Date of commencement of Sch 3, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. No 44 Local Government and Planning Legislation Amendment (Political Donations) Act 2008 . Assented to 30.6.2008. Date of commencement, 1.10.2008, sec 2 and GG No 118 of 19.9.2008, p 9282. No 62 Statute Law (Miscellaneous Provisions) Act 2008 . Assented to 1.7.2008. Date of commencement of Sch 2.21, 1.1.2008, Sch 2.21. (509) Special Contributions Area (Wyong Employment Zone) Order 2008 . GG No 147 of 14.11.2008, p 10952. Date of commencement, on gazettal. (510) Special Contributions Area (Warnervale) Order 2008 . GG No 147 of 14.11.2008, p 10953. Date of commencement, on gazettal. No 86 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Act 2008 . Assented to 19.11.2008. Date of commencement of Sch 2, assent, sec 2 (1). No 114 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 . Assented to 10.12.2008. Date of commencement of Sch 1.8 [1]–[6]: not in force; date of commencement of Schs 1.8 [7] and 3, assent, sec 2 (2). 2009 No 17 Real Property and Conveyancing Legislation Amendment Act 2009 . Assented to 13.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). No 34 Heritage Amendment Act 2009 . Assented to 9.6.2009. Date of commencement of Sch 2 [1] and [2], 1.7.2009, sec 2 (3) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [3], 1.7.2009, sec 2 (4) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [4]–[6], 16.10.2009, sec 2 (1) and 2009 (503) LW 16.10.2009; date of commencement of Sch 2 [7]–[9], 3.11.2008, sec 2 (2). No 56 Statute Law (Miscellaneous Provisions) Act 2009 . Assented to 1.7.2009. Date of commencement of Sch 1.13 [1]–[5], 17.7.2009, sec 2 (2); date of commencement of Sch 1.13 [6] [8] and [9], 25.2.2011, Sch 1.13 and 2011 (63) LW 17.2.2011; Sch 1.13 [7] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2014 No 88 ; date of commencement of Sch 2.15, 17.7.2009, sec 2 (2); date of commencement of Sch 4, 17.7.2009, sec 2 (1). No 58 Aboriginal Land Rights Amendment Act 2009 . Assented to 16.9.2009. Date of commencement, 31.3.2010, sec 2 and 2009 (624) LW 24.12.2009. (512) Environmental Planning and Assessment Amendment (Hunter Special Contributions Area) Order 2009 . LW 23.10.2009. Date of commencement, on publication on LW, cl 2. No 106 Statute Law (Miscellaneous Provisions) Act (No 2) 2009 . Assented to 14.12.2009. Date of commencement of Schs 1.6 and 2, 8.1.2010, sec 2 (2). 2010 (15) Environmental Planning and Assessment Amendment (Wollongong City Centre Special Contributions Area) Order 2009 . LW 22.1.2010. Date of commencement, on publication on LW, cl 2. No 19 Relationships Register Act 2010 . Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). No 25 Environmental Planning and Assessment Amendment (Development Consents) Act 2010 . Assented to 26.5.2010. Date of commencement, assent, sec 2. No 38 National Parks and Wildlife Amendment Act 2010 . Assented to 15.6.2010. Date of commencement of Sch 3.2 [1] [4] and [5], 1.10.2010, sec 2 and 2010 (344) LW 2.7.2010; date of commencement of Sch 3.2 [2] [3] and [6], 2.7.2010, sec 2 and 2010 (344) LW 2.7.2010. No 39 Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010 . Assented to 15.6.2010. Date of commencement, 2.7.2010, sec 2 and 2010 (345) LW 2.7.2010. No 59 Statute Law (Miscellaneous Provisions) Act 2010 . Assented to 28.6.2010. Date of commencement of Sch 1.11, 9.7.2010, sec 2 (2). (464) Environmental Planning and Assessment (Cessnock City Council Planning Panel) Order 2010 . LW 23.8.2010. Date of commencement, on publication on LW, cl 2. (545) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Amendment Order 2010 . LW 24.9.2010. Date of commencement, 30.9.2010, cl 2. No 78 Coastal Protection and Other Legislation Amendment Act 2010 . Assented to 27.10.2010. Date of commencement of Sch 3.2, 1.1.2011, sec 2 and 2010 (713) LW 17.12.2010. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119 . Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). No 119 Statute Law (Miscellaneous Provisions) Act (No 2) 2010 . Assented to 29.11.2010. Date of commencement of Schs 1.12 and 3, 7.1.2011, sec 2 (2). No 120 Planning Appeals Legislation Amendment Act 2010 . Assented to 29.11.2010. Date of commencement of Sch 1, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. 2011 (20) Environmental Planning and Assessment Amendment (Western Sydney Growth Areas—Special Contributions Area) Order 2011 . LW 21.1.2011. Date of commencement, 24.1.2011, cl 2. (133) Nation Building and Jobs Plan (State Infrastructure Delivery) Amendment (Planning Legislation) Regulation 2011 . LW 3.3.2011. Date of commencement, on publication on LW, cl 2. (187) Environmental Planning and Assessment (Ku-ring-gai Planning Panel Repeal) Order 2011 . LW 7.4.2011. Date of commencement, on publication on LW, cl 2. No 22 Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 . Assented to 27.6.2011. Date of commencement of Sch 1, Sch 1.2 [28] excepted, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011; Sch 1.2 [28] was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . No 27 Statute Law (Miscellaneous Provisions) Act 2011 . Assented to 27.6.2011. Date of commencement of Schs 2.14 and 3, 8.7.2011, sec 2 (2). No 41 Transport Legislation Amendment Act 2011 . Assented to 13.9.2011. Date of commencement of Sch 5.5, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. (491) Environmental Planning and Assessment (Abolition of Wagga Wagga City Council Planning Panel) Order 2011 . LW 16.9.2011. Date of commencement, on publication on LW, cl 2. (510) Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 . LW 28.9.2011. Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011. No 62 Statute Law (Miscellaneous Provisions) Act (No 2) 2011 . Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1); date of commencement of Sch 2.12, 6.1.2012, sec 2 (1). (606) Environmental Planning and Assessment Further Amendment (Part 3A Repeal) Regulation 2011 . LW 1.12.2011. Date of commencement, 1.12.2011, cl 2. 2012 (26) Environmental Planning and Assessment (Cessnock City Council Planning Panel Repeal) Order 2012 . LW 27.1.2012. Date of commencement, on publication on LW, cl 2. (100) Environmental Planning and Assessment Amendment (North West Rail Link) Regulation 2012 . LW 13.3.2012. Date of commencement, on publication on LW, cl 2. No 42 Statute Law (Miscellaneous Provisions) Act 2012 . Assented to 21.6.2012. Date of commencement of Schs 1.6, 2.14 and 4.5, 6.7.2012, sec 2 (1). (346) Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2012 . LW 27.7.2012. Date of commencement, on publication on LW, cl 2. (397) Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 . LW 24.8.2012. Date of commencement, on publication on LW, cl 2. No 93 Environmental Planning and Assessment Amendment Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 1 [1]–[15] [26] and [27], 1.3.2013, sec 2 (1) and 2013 (78) LW 1.3.2013; date of commencement of Sch 1 [16]–[25], 8.3.2013, sec 2 (1) and 2013 (90) LW 8.3.2013. No 96 Forestry Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 4.7, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. 2013 No 44 Local Government Amendment (Early Intervention) Act 2013 . Assented to 25.6.2013. Date of commencement, assent, sec 2. (578) Environmental Planning and Assessment Amendment (Gateway Process for Strategic Agricultural Land) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. (579) Environmental Planning and Assessment Amendment (Transitional Arrangements—Repeal of Part 3A) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. No 111 Statute Law (Miscellaneous Provisions) Act (No 2) 2013 . Assented to 3.12.2013. Date of commencement of Schs 1 and 2, 3.1.2014, sec 2 (1). 2014 No 10 Mining and Petroleum Legislation Amendment Act 2014 . Assented to 14.5.2014. Date of commencement, assent, sec 2. (463) Environmental Planning and Assessment Amendment (Mining and Petroleum Development) Regulation 2014 . LW 25.7.2014. Date of commencement, on publication on LW, cl 2. (612) Environmental Planning and Assessment Amendment (Redfern–Waterloo) Regulation 2014 . LW 12.9.2014. Date of commencement, on publication on LW, cl 2. No 57 Water Industry Competition Amendment (Review) Act 2014 . Assented to 23.10.2014. Date of commencement of Sch 2.2 [1], 5.3.2015, sec 2 and 2015 (109) LW 5.3.2015; date of commencement of Sch 2.2 [2]: not in force. No 72 Marine Estate Management Act 2014 . Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. No 74 Water NSW Act 2014 . Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. No 79 Environmental Planning and Assessment Amendment Act 2014 . Assented to 19.11.2014. Date of commencement of Schs 1 [1]–[12] and 2, 31.7.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Schs 1 [13] and 4 [6], 30.9.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Sch 3 [1] [3] and [17], 30.11.2015, sec 2 (1) and 2015 (313) LW 19.6.2015; Sch 3 [2] and [4]–[14] were not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 3 [15] and [16], 1.3.2018, sec 2 (1) and 2018 (63) LW 28.2.2018; date of commencement of Sch 4 [1]–[5] and [7], assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act 2015 No 15 . Assented to 29.6.2015. Date of commencement of Sch 1.9 [1], assent, Sch 1.9; date of commencement of Sch 2.19, 8.7.2015, sec 2 (1). 2015 No 5 Electricity Network Assets (Authorised Transactions) Act 2015 . Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). No 15 Statute Law (Miscellaneous Provisions) Act 2015 . Assented to 29.6.2015. Date of commencement of Sch 1.8, 8.7.2015, sec 2 (1); date of commencement of Sch 3, 15.7.2015, sec 2 (3). (476) Environmental Planning and Assessment Amendment (Transitional Part 3A Approvals) Regulation 2015 . LW 21.8.2015. Date of commencement, on publication on LW, cl 2. No 26 Dams Safety Act 2015 . Assented to 28.9.2015. Date of commencement of Sch 3.1, 1.11.2019, sec 2(1) and 2019 (505) LW 18.10.2019. No 40 Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 . Assented to 2.11.2015. Date of commencement of Sch 3, 1.3.2016, sec 2 and 2016 (91) LW 26.2.2016. No 42 Protection of the Environment Operations Amendment (Enforcement of Gas and Other Petroleum Legislation) Act 2015 . Assented to 2.11.2015. Date of commencement, 1.12.2015, sec 2 and 2015 (695) LW 20.11.2015. No 50 Strata Schemes Management Act 2015 . Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. No 57 Greater Sydney Commission Act 2015 . Assented to 19.11.2015. Date of commencement, 27.1.2016, sec 2 and 2016 (1) LW 8.1.2016. 2016 (297) Environmental Planning and Assessment Amendment (Transitional) Regulation 2016 . LW 3.6.2016. Date of commencement, on publication on LW, cl 2. No 20 Coastal Management Act 2016 . Assented to 7.6.2016. Date of commencement, 3.4.2018, sec 2 and 2018 (110) LW 29.3.2018. Sch 4.1 [9] [10] and [14]–[17] were without effect. See also cl 4A of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 55 Statute Law (Miscellaneous Provisions) Act (No 2) 2016 . Assented to 25.10.2016. Date of commencement of Sch 3.9, 6.1.2017, sec 2 (1). No 63 Biodiversity Conservation Act 2016 . Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. 2017 No 17 Crown Land Legislation Amendment Act 2017 . Assented to 17.5.2017. Date of commencement of Sch 4.27 [1] and [2], 1.7.2018, sec 2 (1) and 2018 (225) LW 1.7.2018. Sch 4.27 [3] was without effect to this Act as Sch 6 to this Act was transferred to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 22 Statute Law (Miscellaneous Provisions) Act 2017 . Assented to 1.6.2017. Date of commencement of Sch 1.7, 7 days after assent, sec 2 (1). No 38 Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017 . Assented to 14.8.2017. Date of commencement, assent, sec 2. No 39 Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 . Assented to 14.8.2017. Date of commencement of Sch 1 [1]–[3] [7]–[10] [12] and [13], assent, sec 2 (1); Sch 1 [4] was not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 1 [11], 1.3.2018, sec 2 (2) and 2018 (65) LW 28.2.2018. No 47 Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 . Assented to 13.10.2017. Date of commencement, assent, sec 2. No 60 Environmental Planning and Assessment Amendment Act 2017 . Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. No 63 Statute Law (Miscellaneous Provisions) Act (No 2) 2017 . Assented to 23.11.2017. Date of commencement of Sch 4.17, 1.1.2018, Sch 4.17 and 2017 (685) LW 8.12.2017. No 65 Local Government Amendment (Regional Joint Organisations) Act 2017 . Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. No 69 Building Products (Safety) Act 2017 . Assented to 30.11.2017. Date of commencement of Sch 2.4 [1] and [2], 18.12.2017, sec 2 (1) and 2017 (715) LW 15.12.2017; date of commencement of Sch 2.4 [3], 1.3.2018, sec 2 (3) and 2018 (64) LW 28.2.2018; date of commencement of Sch 2.4 [4], 1.3.2018, sec 2 (4) and 2018 (64) LW 28.2.2018. 2018 No 20 Electoral Funding Act 2018 . Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. No 25 Statute Law (Miscellaneous Provisions) Act 2018 . Assented to 15.6.2018. Date of commencement of Sch 2.7, 1.8.2018, sec 2 (3); date of commencement of Sch 4, assent, sec 2 (4). (469) Environmental Planning and Assessment Amendment (Regional Planning Panel) Order 2018 . LW 24.8.2018. Date of commencement, on publication on LW, cl 2. (500) Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018 . LW 31.8.2018. Date of commencement, 1.9.2018, cl 2. (593) Environmental Planning and Assessment Amendment (Gosford City Centre Special Contributions Area) Order 2018 . LW 12.10.2018. Date of commencement, on publication on LW, cl 2. No 59 Emergency Services Legislation Amendment Act 2018 . Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). No 63 Building and Development Certifiers Act 2018 . Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. No 66 Planning Legislation Amendment (Greater Sydney Commission) Act 2018 . Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. No 68 Statute Law (Miscellaneous Provisions) Act (No 2) 2018 . Assented to 31.10.2018. Date of commencement of Sch 1.12, 8.1.2019, sec 2 (1). No 70 Government Sector Finance Legislation (Repeal and Amendment) Act 2018 . Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. 2019 (74) Environmental Planning and Assessment Amendment (Sydney Eastern City Planning Panel) Order 2019 . LW 15.2.2019. Date of commencement, on publication on LW, cl 2. No 1 Statute Law (Miscellaneous Provisions) Act 2019 . Assented to 17.6.2019. Date of commencement of Sch 2.12, 14 days after assent, sec 2 (1). No 14 Statute Law (Miscellaneous Provisions) Act (No 2) 2019 . Assented to 21.11.2019. Date of commencement of Sch 2.6, 14 days after assent, sec 2(1). (571) Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 . LW 29.11.2019. Date of commencement, on publication on LW, cl 2. 2020 No 1 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 . Assented to 25.3.2020. Date of commencement, assent, sec 2. No 5 COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 . Assented to 14.5.2020. Date of commencement of Sch 1.11, assent, sec 2(1). (518) Environmental Planning and Assessment Amendment (St Leonards and Crows Nest Special Contributions Area) Order 2020 . LW 31.8.2020. Date of commencement, on publication on LW, cl 2. No 30 Statute Law (Miscellaneous Provisions) Act 2020 . Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). (640) Environmental Planning and Assessment Amendment (Bayside West Special Contributions Area) Order 2020 . LW 30.10.2020. Date of commencement, on publication on LW, cl 2. No 40 Liquor Amendment (Night-time Economy) Act 2020 . Assented to 27.11.2020. Date of commencement of Schs 4.3 and 6, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. 2021 No 5 COVID-19 Recovery Act 2021 . Assented to 25.3.2021. Date of commencement of Sch 1.12, assent, sec 2(1). No 6 Community Land Development Act 2021 . Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. (264) Environmental Planning and Assessment Amendment (Illawarra Shoalhaven Special Contributions Area) Order 2021 . LW 4.6.2021. Date of commencement, on publication on LW, cl 2. 2022 No 5 COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 . Assented to 24.3.2022. Date of commencement of Sch 1.8, 1.4.2022, sec 2(2). (104) Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis Special Contributions Area) Order 2022 . LW 25.3.2022. Date of commencement, on publication on LW, sec 2. (124) Environmental Planning and Assessment Amendment (Frenchs Forest Special Contributions Area) Order 2021 . LW 1.4.2022. Date of commencement, on publication on LW, sec 2. No 8 Greater Cities Commission Act 2022 . Assented to 13.4.2022. Date of commencement, assent, sec 2. (428) Environmental Planning and Assessment Amendment (Pyrmont Peninsula Special Contributions Area) Order 2022 . LW 29.7.2022. Date of commencement, on publication on LW, sec 2. (579) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022 . LW 30.9.2022. Date of commencement, 3.4.2023, sec 2. No 59 Statute Law (Miscellaneous Provisions) Act (No 2) 2022 . Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. No 80 NSW Reconstruction Authority Act 2022 . Assented to 28.11.2022. Date of commencement of Sch 5.1[1] and [2], 16.12.2022, sec 2(b) and 2022 (859) LW 16.12.2022; date of commencement of Sch 5.1[3] and [4], assent, sec 2(a)(ix). 2023 (95) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 . LW 2.3.2023. Date of commencement, 3.4.2023, sec 2. No 7 Statute Law (Miscellaneous Provisions) Act 2023 . Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. No 10 Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 . Assented to 13.7.2023. Date of commencement, 1.10.2023, sec 2 and 2023 (545) LW 29.9.2023. 2023 No 35 Statute Law (Miscellaneous Provisions) Act (No 2) 2023 . Assented to 30.10.2023. Date of commencement of Sch 2.2, 1.10.2023, sec 2(b) and 2023 (545) LW 29.9.2023; date of commencement of Sch 4, assent, sec 2(c). No 52 Greater Cities Commission Repeal Act 2023 . Assented to 12.12.2023. Date of commencement, 1.1.2024, sec 2. No 53 24-Hour Economy Commissioner Act 2023 . Assented to 12.12.2023. Date of commencement of Sch 4.1, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024. 2024 No 12 Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 . Assented to 25.3.2024. Date of commencement, 13.12.2024, sec 2 and 2024 (623) LW 13.12.2024. No 72 Environmental Planning and Assessment Amendment (Certification) Act 2024 . Assented to 23.10.2024. Date of commencement, assent, sec 2. No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2024 . Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). No 91 Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 . Assented to 2.12.2024. Date of commencement, assent, sec 2. 2025 No 24 Environmental Planning and Assessment Amendment Act 2025 . Assented to 22.5.2025. Date of commencement of Sch 1[1] [3]–[25] [35] [42] [45] and [47]: not in force; date of commencement of Sch 1[2] [26]–[34] [36]–[41] [43] [44] and [46], assent, sec 2(b). Regulations amending this Act made prior to 1.4.2005 are listed only in the historical table of amendments in the Legislative history.

Table of amendments For information concerning this Act prior to the renumbering by 2017 No 60, see item (1) of the historical table of amendments in the Legislative history. Secs 1.1, 1.2 (previously secs 1, 2) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.3 Ins 2017 No 60, Sch 1.1. Sec 1.4 (previously sec 4) Renumbered 2017 No 60, Sch 1.2 [1]. Am 2017 No 17, Sch 4.27 [1]; 2018 No 25, Sch 4 [1]–[6]; 2018 No 63, Sch 3.3[1] [2]; 2020 No 40, Sch 4.3; 2022 No 8, Sch 4.1[3]; 2023 No 52, Sch 1[1]; 2025 No 24, Sch 1[2]. Sec 1.5 Ins 2017 No 60, Sch 1.2 [9]. Am 2018 No 63, Sch 3.3[3]. Sec 1.6 Ins 2017 No 60, Sch 1.2 [9]. Sec 1.7 (previously sec 5AA) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.8 Ins 2023 No 52, Sch 1[2]. Part 2 Ins 2017 No 60, Sch 2.1 [1]. Div 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.4 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3]. Div 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.6 Ins 2017 No 60, Sch 2.1 [1]. Div 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.8 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 66, Sch 1 [1]. Sec 2.9 Ins 2017 No 60, Sch 2.1 [1]. Am 2024 No 72, Sch 1[1]. Sec 2.10 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.11 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 25, Sch 4 [7]. Div 2.4 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.12 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]–[6]. Sec 2.13 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [1]. Secs 2.14–2.16 Ins 2017 No 60, Sch 2.1 [1]. Div 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.17 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]. Sec 2.18 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2]. Secs 2.19, 2.20 Ins 2017 No 60, Sch 2.1 [1]. Div 2.6 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.21 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[4]. Sec 2.22 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.23 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 59, Sch 2.18[1]. Sec 2.24 Ins 2017 No 60, Sch 2.1 [1]. Div 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.25 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.26 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.27 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.28 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.29 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.30 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.31 Ins 2017 No 60, Sch 2.1 [1]. Part 3, heading Ins 2017 No 60, Sch 3.2 [1]. Part 3, note Ins 2017 No 60, Sch 3.2 [1]. Div 3.1, heading Ins 2017 No 60, Sch 3.2 [2]. Div 3.1 (previously Part 3B) Renumbered 2017 No 60, Sch 3.2 [3]. Sec 3.1 (previously sec 75AA) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]; 2022 No 8, Sch 4.1[7]; 2023 No 52, Sch 1[5]–[7]. Sec 3.2 (previously sec 75AB) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.3 (previously sec 75AC) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2022 No 8, Sch 4.1[8]; 2022 No 80, Sch 5.1[1]. Subst 2023 No 52, Sch 1[8]. Sec 3.4 (previously sec 75AD) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2022 No 8, Sch 4.1[8]–[10]; 2022 No 80, Sch 5.1[2]. Subst 2023 No 52, Sch 1[8]. Sec 3.5 (previously sec 75AE) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [2]; 2022 No 8, Sch 4.1[11] [12]. Subst 2023 No 52, Sch 1[8]. Sec 3.6 (previously sec 75AFI) Renumbered 2017 No 60, Sch 3.2 [4]. Subst 2023 No 52, Sch 1[8]. Sec 3.6A Ins 2023 No 52, Sch 1[8]. Sec 3.7 (previously sec 75AG) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.8 (previously sec 75AI) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[9] [10]. Sec 3.9 Ins 2017 No 60, Sch 3.1 [21]. Am 2018 No 66, Sch 1 [3] [4]; 2023 No 52, Sch 1[11]–[13]. Sec 3.10 (previously sec 75AJ) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [8]. Sec 3.11 (previously sec 75AK) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.12 (previously sec 75AL) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[14]. Div 3.2, heading (previously Part 3, Div 1, heading) Renumbered 2017 No 60, Sch 3.2 [6]. Secs 3.13–3.19 (previously secs 24, 26–31) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.20 (previously sec 33A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [9]. Sec 3.21 (previously sec 73) Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [5]. Sec 3.22 (previously sec 73A) Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [10]; 2018 No 66, Sch 1 [5]; 2022 No 80, Sch 5.1[3] [4]. Sec 3.23 (previously sec 33C) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.24 (previously sec 34) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [11]. Sec 3.25 (previously sec 34A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.26–3.28 (previously secs 34B–36) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.3, heading Ins 2017 No 60, Sch 3.2 [7]. Sec 3.29 (previously sec 37) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.30 (previously sec 38) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [6]; 2023 No 52, Sch 1[15]. Div 3.4, heading Ins 2017 No 60, Sch 3.2 [10]. Sec 3.31 Ins 2017 No 60, Sch 3.1 [3]. Am 2018 No 66, Sch 1 [7]. Sec 3.32 Ins 2017 No 60, Sch 3.1 [4]. Am 2018 No 25, Sch 4 [12]; 2018 No 66, Sch 1 [5] [8] [9]. Sec 3.33 (previously sec 55) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.34 (previously sec 56) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [13]; 2018 No 66, Sch 1 [5] [10] [11]; 2023 No 52, Sch 1[16]. Sec 3.35 (previously sec 58) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [14]; 2018 No 66, Sch 1 [5] [10]. Secs 3.36, 3.37 (previously secs 59, 60) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Div 3.5, heading Ins 2017 No 60, Sch 3.2 [11]. Secs 3.38–3.40 (previously secs 72I–72K) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.6, heading Ins 2017 No 60, Sch 3.2 [14]. Sec 3.41 (previously sec 74B) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.42, 3.43 (previously secs 74BA, 74C) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.44 (previously sec 74D) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [12]. Sec 3.45 (previously sec 74E) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.46 (previously sec 74F) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [9] [13]. Part 4, heading Ins 2017 No 60, Sch 4.2 [2]. Div 4.1, heading (previously Part 4, Div 1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.1–4.4 (previously secs 76–76C) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.2 Ins 2017 No 60, Sch 4.1 [4]. Secs 4.5–4.7 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.8 Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1]. Div 4.3, heading (previously Part 4, Div 2, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.9–4.11 (previously secs 77–78) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.12 (previously sec 78A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16]. Sec 4.13 (previously sec 79B) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1. Sec 4.14 (previously sec 79BA) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.15 (previously sec 79C) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [1] [2]. Am 2018 No 25, Sch 4 [5] [17]. Sec 4.16 (previously sec 80) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [18]; 2018 No 63, Sch 3.3[4]. Sec 4.17 (previously sec 80A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [3]; 2023 No 7, Sch 2.25; 2023 No 10, Sch 1[2]. Sec 4.18 (previously sec 81) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [19] [20]. Sec 4.19 Ins 2017 No 60, Sch 6.2 [5]. Sec 4.20 Ins 2017 No 60, Sch 8.1 [1]. Div 4.4, heading (previously Part 4, Div 2A, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.21 (previously sec 83A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.22 (previously sec 83B) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.23 (previously sec 83C) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.24 (previously sec 83D) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[26] [27]. Div 4.5, heading (previously Part 4, Div 3, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.25, 4.26 (previously secs 84, 84A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.27 (previously sec 85) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [21]. Sec 4.28 (previously sec 85A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Secs 4.29, 4.30 (previously secs 86A, 87) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.31 Ins 2017 No 60, Sch 4.1 [9]. Div 4.6, heading (previously Part 4, Div 4, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.32 (previously sec 88) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2]. Sec 4.33 (previously sec 89) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. Sec 4.34 (previously sec 89A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. Sec 4.35 (previously sec 89B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.7, heading (previously Part 4, Div 4.1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.36 (previously sec 89C) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [23]; 2025 No 24, Sch 1[28]. Sec 4.37 Ins 2017 No 60, Sch 4.1 [10]. Sec 4.38 (previously sec 89E) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2024 No 91, Sch 1[1]. Secs 4.39, 4.40 (previously secs 89G, 89H) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.41 (previously sec 89J) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [4]. Sec 4.42 (previously sec 89K) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2022 No 59, Sch 2.18[2]. Sec 4.43 (previously sec 89L) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.8, heading (previously Part 4, Div 5, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.44–4.48 (previously secs 90–92) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.49 (previously sec 92A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [24]. Secs 4.50–4.52 (previously secs 93–93B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.9, heading (previously Part 4, Div 7, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.53 (previously sec 95) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Sec 4.54 (previously sec 95A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.55 (previously sec 96) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]. Sec 4.56 (previously sec 96AA) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]. Sec 4.57 (previously sec 96A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4]. Div 4.10, heading (previously Part 4, Div 9, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.58–4.63 (previously secs 100–104A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.64 (previously sec 105) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6]. Div 4.11, heading (previously Part 4, Div 10, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.65 (previously sec 106) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.66 (previously sec 107) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]. Sec 4.67 (previously sec 108) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.68 (previously sec 109) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]. Sec 4.69 (previously sec 109A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [26]. Sec 4.70 (previously sec 109B) Renumbered 2017 No 60, Sch 4.2 [1]. Part 5, heading Ins 2017 No 60, Sch 5.2 [1]. Div 5.1, heading (previously Part 5, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2017 No 60, Sch 5.2 [2]. Div 5.1 (previously Part 5) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 1, heading (previously Part 5, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.1 (previously sec 110) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.2 (previously sec 110A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [27]. Secs 5.3, 5.4 (previously secs 110B, 110E) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 2, heading (previously Part 5, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.5 (previously sec 111) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.6 (previously sec 111A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Div 5.1, Subdiv 3, heading (previously Part 5, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Secs 5.7, 5.8 (previously secs 112, 113) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Secs 5.9, 5.10 (previously secs 114, 115) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.2, heading (previously Part 5.1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 1, heading (previously Part 5.1, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.11 (previously sec 115T) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.12 (previously sec 115U) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.13 (previously sec 115V) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28]. Div 5.2, Subdiv 2, heading (previously Part 5.1, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.14 (previously sec 115W) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.15–5.19 (previously secs 115X–115ZB) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Div 5.2, Subdiv 3, heading (previously Part 5.1, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.20, 5.21 (previously secs 115ZD, 115ZE) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 4, heading (previously Part 5.1, Div 4, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.22 (previously sec 115ZF) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [29] [30]. Sec 5.23 (previously sec 115ZG) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2016 No 20, Sch 4.1 [5]. Sec 5.24 (previously sec 115ZH) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2022 No 59, Sch 2.18[2]. Div 5.2, Subdiv 5, heading (previously Part 5.1, Div 5, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.25 (previously sec 115ZI) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Secs 5.26, 5.27 (previously secs 115ZJ, 115ZK) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.28 (previously sec 115ZL) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.29 (previously sec 115ZM) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.3 (secs 5.30–5.32) Ins 2017 No 60, Sch 5.1 [1]. Part 6 Ins 2017 No 60, Sch 6.1. Divs 6.1–6.6 Ins 2017 No 60, Sch 6.1. Sec 6.1 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[7] [8]; 2024 No 72, Sch 1[2]. Sec 6.2 Ins 2017 No 60, Sch 6.1. Am 2021 No 6, Sch 5.6. Secs 6.3, 6.4 Ins 2017 No 60, Sch 6.1. Sec 6.5 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[4]; 2018 No 68, Sch 1.12 [1]; 2023 No 10, Sch 1[3]. Sec 6.5A Ins 2024 No 72, Sch 1[3]. Sec 6.6 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[9]. Secs 6.7–6.11 Ins 2017 No 60, Sch 6.1. Sec 6.12 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[10]. Secs 6.13–6.21 Ins 2017 No 60, Sch 6.1. Div 6.7 Ins 2017 No 60, Sch 6.1. Sec 6.22 Ins 2017 No 60, Sch 6.1. Sec 6.23 Ins 2017 No 60, Sch 6.1. Am 2024 No 72, Sch 1[4]. Sec 6.24 Ins 2017 No 60, Sch 6.1. Sec 6.25 Ins 2017 No 60, Sch 6.1. Am 2017 No 69, Sch 2.4 [3]. Sec 6.26 Ins 2017 No 60, Sch 6.1. Div 6.8 (secs 6.27–6.35) Ins 2017 No 60, Sch 6.1. Part 7, heading Ins 2017 No 60, Sch 7.2 [3]. Div 7.1 (previously Part 4, Div 6) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 1 (previously Part 4, Div 6, Subdiv 1) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.1 (previously sec 93C93E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. Sec 7.2 (previously sec 93D) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.3 (previously sec 93E) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 2 (previously Part 4, Div 6, Subdiv 2) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.4 (previously sec 93F) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. Sec 7.5 (previously sec 93G) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.6 (previously sec 93H) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. Secs 7.7–7.10 (previously secs 93I–93L) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 3 (previously Part 4, Div 6, Subdiv 3) Renumbered 2017 No 60, Sch 7.2 [1]. Secs 7.11–7.13 (previously secs 94–94B) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.14 (previously sec 94C) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.15 (previously sec 94CA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.16 (previously sec 94D) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.17 (previously sec 94E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. Sec 7.18 (previously sec 94EA) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. Sec 7.19 (previously sec 94EAA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.20 (previously sec 94EB) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.21 (previously sec 94EC) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Div 7.1, Subdiv 4 (previously Part 4, Div 6, Subdiv 4) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.22 (previously sec 94ED) Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2. Sec 7.23 (previously sec 94EE) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.24 (previously sec 94EF) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.25 (previously sec 94EG) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.26 (previously sec 94EH) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.27 (previously sec 94EI) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.28 (previously sec 94EJ) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.29 (previously sec 94EK) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.30 (previously sec 94EL) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31 (previously sec 94EM) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 5 (previously Part 4, Div 6, Subdiv 5) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31A Ins 2023 No 10, Sch 1[8]. Sec 7.31B Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. Sec 7.31C Ins 2023 No 10, Sch 1[8]. Sec 7.31D Ins 2023 No 10, Sch 1[8]. Sec 7.31E Ins 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 6 Ins 2023 No 10, Sch 1[8]. Sec 7.31F Ins 2023 No 10, Sch 1[8]. Div 7.2 (previously Part 4, Div 6A Renumbered 2017 No 60, Sch 7.2 [2]. Sec 7.32 (previously sec 94F) Renumbered 2017 No 60, Sch 7.2 [2]. Am 2023 No 10, Sch 1[9]; 2025 No 24, Sch 1[36]–[39]. Sec 7.33 (previously sec 94G) Renumbered 2017 No 60, Sch 7.2 [2]. Div 7.3 (previously Part 7, Div 1) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.34 (previously sec 128) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.35 (previously sec 129) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [32]. Secs 7.36, 7.37 (previously secs 130, 131) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.38 (previously sec 132) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5] [33]. Sec 7.39 (previously sec 133) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 7.40, 7.41 (previously secs 134, 135) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.42 (previously sec 143) Renumbered 2017 No 60, Sch 7.2 [6]. Div 7.4 (previously Part 7, Div 2) Renumbered 2017 No 60, Sch 7.2 [5]. Sec 7.43 (previously sec 136) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. Sec 7.44 (previously sec 137) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]. Sec 7.45 (previously sec 138) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. Sec 7.46 (previously sec 139) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10]. Part 8 Ins 2017 No 60, Sch 8.1 [2]. Divs 8.1, 8.2 (secs 8.1–8.5) Ins 2017 No 60, Sch 8.1 [2]. Div 8.3 Ins 2017 No 60, Sch 8.1 [2]. Secs 8.6, 8.7 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.8 Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. Sec 8.9 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.10 Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. Secs 8.11–8.15 Ins 2017 No 60, Sch 8.1 [2]. Divs 8.4–8.6 (secs 8.16–8.26) Ins 2017 No 60, Sch 8.1 [2]. Div 9.1, heading Ins 2017 No 60, Sch 9.2 [8]. Div 9.1 (previously Part 6, Divs 1, 1AA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.1 (previously sec 117) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [35] [36]. Sec 9.2 (previously sec 117A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2023 No 35, Sch 4.11[1] [2]. Sec 9.3 (previously sec 117B) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [37]; 2018 No 63, Sch 3.3[11]–[14]. Sec 9.4 (previously sec 117BA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.5 Ins 2017 No 60, Sch 9.1 [1]. Sec 9.6 (previously sec 118) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [38]–[40]. Sec 9.7 (previously sec 118AB) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.8 (previously sec 118AC) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.9 (previously sec 118AD) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [41]. Sec 9.10 (previously sec 118AE) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.11 (previously sec 118AF) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [42]. Sec 9.12 (previously sec 118AG) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [43]. Div 9.2, heading Ins 2017 No 60, Sch 9.2 [10]. Div 9.2 (previously Part 6, Div 1C Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.13 (previously sec 119A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5] [44]. Secs 9.14, 9.15 (previously secs 119B, 119C) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.16–9.22 (previously secs 119D–119J) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.23 (previously secs 119K) Renumbered 2017 No 60, Sch 9.2 [7]. Am 1979 No 203, sec 9.23(9); 2020 No 5, Sch 1.11[8]; 2021 No 5, Sch 1.12[1]. Secs 9.24–9.32 (previously secs 119L–119T) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.33 (previously sec 119U) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 63, Sch 3.3[4] [5]. Div 9.3 Ins 2017 No 60, Sch 9.1 [2]. Sec 9.34 Ins 2017 No 60, Sch 9.1 [2]. Am 2017 No 69, Sch 2.4 [4]. Sec 9.35 Ins 2017 No 60, Sch 9.1 [2]. Am 2016 No 20, Sch 4.1 [6]; 2017 No 17, Sch 4.27 [2]; 2018 No 25, Sch 4 [5] [45]–[47]; 2018 No 59, Sch 5.1; 2018 No 63, Sch 3.3[4]. Secs 9.36, 9.37 Ins 2017 No 60, Sch 9.1 [2]. Div 9.4, heading Ins 2017 No 60, Sch 9.2 [13] Div 9.4 (previously Part 6, Div 2B) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.38–9.40 (previously secs 122A–122C) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.41 (previously sec 122D) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.42, 9.43 (previously secs 122E, 122F) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.5, heading Ins 2017 No 60, Sch 9.2 [18]. Div 9.5 (previously Part 6, Div 3) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.44–9.49 (previously secs 122–124A) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.6 (previously Part 6, Div 4) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.50 (previously sec 125) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.51–9.54 Ins 2017 No 60, Sch 9.2 [22]. Sec 9.55 (previously sec 125D) Renumbered 2017 No 60, Sch 9.2 [7]. Rep 2018 No 25, Sch 4 [48]. Sec 9.56 (previously sec 126) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [49]. Sec 9.57 (previously sec 127) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.58 (previously sec 127A) Renumbered 2017 No 60, Sch 9.2 [7]. Part 10 (previously Part 8) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.1 (previously sec 6) Renumbered 2017 No 60, Sch 1.2 [10]. Sec 10.2 (previously sec 121) Renumbered 2017 No 60, Sch 9.2 [12]. Am 2018 No 25, Sch 4 [5]. Sec 10.3 (previously sec 146) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.4 (previously sec 147) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 20, Sch 3.3 [3]–[5]; 2018 No 25, Sch 4 [5]; 2019 No 1, Sch 2.12 [1]. Sec 10.5 (previously sec 148) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2022 No 8, Sch 4.1[13]; 2023 No 52, Sch 1[18]. Sec 10.6 (previously sec 148B) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]. Sec 10.7 (previously sec 149) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.8 (previously sec 150) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2024 No 82, Sch 3.3[1] [2]. Secs 10.9–10.12 (previously secs 151–153, 154) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.13 (previously sec 157) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[15]. Sec 10.14 (previously sec 158A) Renumbered 2017 No 60, Sch 10.2 [2]. Secs 10.15, 10.16 Ins 2017 No 60, Sch 10.1 [2]. Sec 10.17 Ins 2020 No 1, Sch 2.8. Am 2021 No 5, Sch 1.12[2]. Rep 2022 No 5, Sch 1.8[1]. Sec 10.18 Ins 2020 No 1, Sch 2.8. Rep 2022 No 5, Sch 1.8[1]. Sch 1 Ins 2017 No 60, Sch 2.1 [2]. Am 2018 (500), Sch 1 [1]; 2019 (571), Sch 1[1] [2]; 2022 (579), sec 3; 2023 (95), sec 3; 2024 No 72, Sch 1[6]; 2025 No 24, Sch 1[40] [41]. Sch 2 Ins 2017 No 60, Sch 2.1 [3]. Am 2018 No 20, Sch 3.3 [6]; 2018 No 25, Schs 2.7, 4 [50]; 2018 (469), cl 3 (1) (2); 2018 No 66, Sch 1 [14] [15]; 2019 (74), cl 3; 2019 No 1, Sch 2.12 [2]; 2020 No 30, Sch 4.17; 2022 No 5, Sch 1.8[2]–[5]; 2022 No 8, Sch 4.1[14]; 2025 No 24, Sch 1[43] [44]. Sch 3 Ins 2017 No 60, Sch 2.1 [4]. Am 2018 No 25, Sch 4 [5]. Sch 4 (previously Sch 5A) Renumbered 2017 No 60, Sch 10.2 [5]. Am 2018 (593), cl 3; 2020 (518), cl 3; 2020 (640), cl 3; 2021 (264), cl 3; 2022 (104), sec 3; 2022 (124), sec 3; 2022 (428), sec 3. Subst 2023 No 10, Sch 1[11]. Am 2023 No 52, Sch 1[19]. Sch 4B Rep 2018 No 25, Sch 4 [51]. Sch 5 Ins 2017 No 60, Sch 9.1 [3]. Am 2016 No 20, Sch 4.1 [7] [8] [11]–[13]; 2018 No 25, Sch 4 [52]–[54]; 2018 (500), Sch 1 [2]. Sch 6 (previously Part 7A) Renumbered 2017 No 60, Sch 10.2 [1]. Am 2018 No 63, Sch 3.3[16]. Sch 7 (previously Sch 5) Renumbered 2017 No 60, Sch 10.2 [4]. Am 2018 No 25, Sch 4 [55]. Sch 8 (previously Sch 7) Renumbered 2017 No 60, Sch 10.2 [8]. Am 1979 No 203, Sch 8, cl 12; 2020 No 40, Sch 6; 2024 No 53, Sch 4.1; 2024 No 72, Sch 1[7]; 2024 No 91, Sch 1[2]; 2025 No 24, Sch 1[8]. Sch 9 Ins 2023 No 52, Sch 1[20]. Sch 10 Ins 2024 No 12, Sch 1. The whole Act Am 2022 No 8, Sch 4.1[1] (“Greater Sydney Commission” omitted wherever occurring, “Greater Cities Commission” inserted instead); 2022 No 8, Sch 4.1[2] (“Greater Sydney Region” omitted wherever occurring, “Six Cities Region” inserted instead).