100Notice of
determination—what is the form of the notice?
(cf clause 68A of EP&A Regulation
1994)
(1)
For the purposes of section 81 (1) of the Act, a
notice of the determination of a development application must contain the
following information:
(a)
whether the application has been granted or
refused,
(b)
if the application has been granted, the terms of
any conditions on which it has been granted,
(c)
if the application has been refused, or granted
subject to conditions, the consent authority’s reasons for the refusal
or for the imposition of those conditions,
(d)
the date on which the determination was
made,
(e)
the date from which any development consent that
is granted operates,
(f)
the date on which any development consent that is
granted lapses,
(g)
if the development involves the erection of a
building, the class of the building under the Building Code of
Australia,
(h)
whether a public inquiry into the application has
been held under section 119 of the Act,
(i)
which approval bodies have given general terms of
approval in relation to the development, as referred to in section 93 of the
Act,
(j)
whether the Act gives a right of appeal against
the determination to the applicant,
(k)
whether the Act gives a right of appeal against
the determination to an objector.
(2)
The notice of determination must clearly identify
the relevant development application by reference to its registered
number.
(3)
(4)
In the case of a development consent granted
subject to a condition that the consent is not to operate until the applicant
satisfies the consent authority, or a person specified by the consent
authority, as to any matter specified in the condition:
(a)
the date from which the consent operates must not
be endorsed on the notice of determination, and
(b)
if the applicant satisfies the consent authority,
or person, as to the matter, the consent authority must give notice to the
applicant of the date from which the consent
operates.
(5)
(6)
If the determination is one for which concurrence
was required under section 79B (3) of the Act, a copy of the notice of
determination:
(a)
except as provided by paragraph (b):
(i)
must be given to the Director-General of National
Parks and Wildlife, and
(ii)
must be available for public inspection, during
ordinary office hours, at the head office of the National Parks and Wildlife
Service, or
(b)
if the matter concerns critical habitat of fish
or marine vegetation, or threatened species, populations or ecological
communities of fish or marine vegetation or their habitats:
(i)
must be given to the Director of NSW Fisheries,
and
(ii)
must be available for public inspection, during
ordinary office hours, at the head office of NSW
Fisheries.
cl 100: Am
22.12.2000.