COVID-19 Legislation Amendment (Emergency Measures) Act 2020 No. 1.
Country
Type of law
Legislation
Abstract
The Act to cope with the COVID-19 pandemic amends several NSW Acts, such as Criminal Procedure Act 1986 No. 209 and many other Acts: Child Protection (Working with Children) Act 2012 No. 51; Civil and Administrative Tribunal Act 2013 No. 2; Crimes (Administration of Sentences) Act 1999 No. 93; Crimes (Domestic and Personal Violence) Act 2007 No. 80; Electronic Transactions Act 2000 No. 8; Environmental Planning and Assessment Act 1979 No. 203; Evidence (Audio and Audio Visual Links) Act 1998 No. 105; Health Practitioner Regulation (Adoption of National Law) Act 2009 No. 86; Jury Act 1977 No. 18; Local Government Act 1993 No. 30; Mental Health Act 2007 No. 8; Motor Accident Injuries Act 2017 No. 10; Private Health Facilities Act 2007 No. 9; Private Health Facilities Act 2007 No. 9; Residential Tenancies Act 2010 No. 42; Retail Leases Act 1994 No. 46; Retail Trading Act 2008 No. 49; Subordinate Legislation Act 1989 No. 146; Workers Compensation Act 1987 No. 70. Re
Regarding the amendments to the Environmental and Planning Assessment Act 1979 No. 203, the Act 2020 N. 1 has added two sections (10.17 and 10.18) that will be in force for either 6 months or 12 months after the commencement of the section and that respectively establish a simplified authorization process for development approvals and an online document storage and inspection system. In the specific, Section 10.17 prescribes that the Minister may authorise, by order published in the Gazette, development to be carried out on land without the need for any approval under the Act or consent from any person, when, in consultation with the Minister for Health and Medical Research, it is reasonably satisfied that the order is necessary to protect the health, safety and welfare of members of the public during the COVID-19 pandemic. The order will have effect despite any environmental planning instrument or development consent and for the purpose of enabling development to be carried out in accordance with an order, the order may provide that, to the extent necessary to serve that purpose, a regulatory instrument specified in the order does not apply to the development or applies subject to the modifications specified in that order.
The Retail Trading Act 2008 No. 49 is as well amended under Section 19 of the Act 2020 No. 1, and Section 8B is added. The Section, named COVID-19 pandemic—supermarkets exempt from trading restrictions on certain public holidays in 2020 (Anzac Day, Good Friday and Easter Sunday), makes exceptions to the ordinary discipline and as effect despite any other Act or Laws. In addition it clarifies that any prohibition, condition, limitation or restriction made under the Environmental Planning and Assessment Act 1979 (including under any environmental planning instrument or development consent under that Act) has no effect if it would prevent a supermarket from opening at the times specified under subsection (1), or from receiving freight and restocking shelves at or before those times to enable the supermarket to open and be open at those times. The exception does not apply to retail stores or market.
The Act 2020 No. 1, under Section 20, to what concern the Subordinate Legislation Act 1989 No. 146, establishes a further postponement of repeal of certain statutory rules, they follow: 1) Environmental Planning and Assessment Regulation 2000 will remain in force until 1 March 2021, unless sooner repealed; 2) A regulation under the Environmental Planning and Assessment Act 1979 that primarily comprises or relates to matters under Part 6 (Building) or section 10.13(1)(d) (Fire and building safety) may be made without the requirements of sections 5 (EIA) and 6 (subdivision certification) up until 1 March 2021. In addition the Act prescribes that the following statutory rules, due for repeal in 2020, will remain in force until 1 September 2021, unless sooner repealed: a) Animal Research Regulation 2010; b) Building and Construction Industry Security of Payment Regulation 2008; d) Exhibited Animals Protection Regulation 2010; e) Local Government (General) Regulation 2005; f) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005; h) Protection of the Environment Operations (Clean Air) Regulation 2010: i) Protection of the Environment Operations (General) Regulation 2009; k) Water Industry Competition (Access to Infrastructure Services) Regulation 2007; l) Water Industry Competition (General) Regulation 2008; among others.
Regarding the amendments to the Environmental and Planning Assessment Act 1979 No. 203, the Act 2020 N. 1 has added two sections (10.17 and 10.18) that will be in force for either 6 months or 12 months after the commencement of the section and that respectively establish a simplified authorization process for development approvals and an online document storage and inspection system. In the specific, Section 10.17 prescribes that the Minister may authorise, by order published in the Gazette, development to be carried out on land without the need for any approval under the Act or consent from any person, when, in consultation with the Minister for Health and Medical Research, it is reasonably satisfied that the order is necessary to protect the health, safety and welfare of members of the public during the COVID-19 pandemic. The order will have effect despite any environmental planning instrument or development consent and for the purpose of enabling development to be carried out in accordance with an order, the order may provide that, to the extent necessary to serve that purpose, a regulatory instrument specified in the order does not apply to the development or applies subject to the modifications specified in that order.
The Retail Trading Act 2008 No. 49 is as well amended under Section 19 of the Act 2020 No. 1, and Section 8B is added. The Section, named COVID-19 pandemic—supermarkets exempt from trading restrictions on certain public holidays in 2020 (Anzac Day, Good Friday and Easter Sunday), makes exceptions to the ordinary discipline and as effect despite any other Act or Laws. In addition it clarifies that any prohibition, condition, limitation or restriction made under the Environmental Planning and Assessment Act 1979 (including under any environmental planning instrument or development consent under that Act) has no effect if it would prevent a supermarket from opening at the times specified under subsection (1), or from receiving freight and restocking shelves at or before those times to enable the supermarket to open and be open at those times. The exception does not apply to retail stores or market.
The Act 2020 No. 1, under Section 20, to what concern the Subordinate Legislation Act 1989 No. 146, establishes a further postponement of repeal of certain statutory rules, they follow: 1) Environmental Planning and Assessment Regulation 2000 will remain in force until 1 March 2021, unless sooner repealed; 2) A regulation under the Environmental Planning and Assessment Act 1979 that primarily comprises or relates to matters under Part 6 (Building) or section 10.13(1)(d) (Fire and building safety) may be made without the requirements of sections 5 (EIA) and 6 (subdivision certification) up until 1 March 2021. In addition the Act prescribes that the following statutory rules, due for repeal in 2020, will remain in force until 1 September 2021, unless sooner repealed: a) Animal Research Regulation 2010; b) Building and Construction Industry Security of Payment Regulation 2008; d) Exhibited Animals Protection Regulation 2010; e) Local Government (General) Regulation 2005; f) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005; h) Protection of the Environment Operations (Clean Air) Regulation 2010: i) Protection of the Environment Operations (General) Regulation 2009; k) Water Industry Competition (Access to Infrastructure Services) Regulation 2007; l) Water Industry Competition (General) Regulation 2008; among others.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No