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Part 1 Preliminary

1 Name of Regulation

This Regulation is the Environmental Planning and Assessment Regulation 2000.

2 Commencement

This Regulation commences on 1 January 2001.

3 Definitions

(cf clause 3 of EP&A Regulation 1994)

In this Regulation:
alternative solution has the same meaning as in the Building Code of Australia.
approval body has the same meaning as in section 90A of the Act.
assessment method has the same meaning as in the Building Code of Australia.
building premises, in relation to a building, means the building and the land on which it is situated.
Category 1 fire safety provision means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code.
Category 2 fire safety provision means the following provisions of the Building Code of Australia, namely, CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.
Category 3 fire safety provision means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.
class, in relation to a building, means:
(a)  in a provision of this Regulation that imposes requirements with respect to a development consent, the class to which the building belongs, as identified by that consent, or
(b)  in any other provision of this Regulation, the class to which the building belongs, as ascertained in accordance with the Building Code of Australia.
Class 1 aquaculture development means development of the kind referred to in clause 5 (1) (d).
concurrence authority means a person whose concurrence is, by the Act or an environmental planning instrument, required by the consent authority before determining a development application.
contributions plan means a contributions plan referred to in section 94B of the Act.
deemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.
Department means the Department of Urban Affairs and Planning.
Director-General means the Director-General of the Department.
environmental impact statement means an environmental impact statement referred to in section 78A or 112 of the Act.
existing use right means a right conferred by Division 10 of Part 4 of the Act.
exit has the same meaning as in the Building Code of Australia.
Fire Commissioner means the Commissioner of New South Wales Fire Brigades.
fire compartment has the same meaning as in the Building Code of Australia.
fire protection and structural capacity of a building means:
(a)  the structural strength and load-bearing capacity of the building, and
(b)  the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and
(c)  the measures to restrict the spread of fire from the building to other buildings nearby.
fire safety schedule means a schedule issued in accordance with clause 168 or 182 (2), and includes:
(a)  a schedule attached to a building approval in accordance with clause 22 of the Local Government (Approvals) Regulation 1993, and
(b)  a schedule attached to a fire safety order in accordance with clause 5D of the Local Government (Orders) Regulation 1993,
as those regulations were in force immediately before the commencement of the Environmental Planning and Assessment Amendment Act 1997.
local newspaper means a newspaper circulating throughout the relevant area at intervals of not more than 2 weeks.
nominated integrated development means development of the kind referred to in clause 5 (1) (b).
other advertised development means development of the kind referred to in clause 5 (2).
performance requirement has the same meaning as in the Building Code of Australia.
relevant submission period means:
(a)  in relation to submissions concerning a draft development control plan, the submission period specified for the plan in the notice referred to in clause 18 (1), or
(b)  in relation to submissions concerning a draft contributions plan, the submission period specified for the plan in the notice referred to in clause 28, or
(c)  in relation to submissions concerning designated development that has been notified as required by section 79 (1) of the Act, the submission period specified for the development in the notice referred to in clause 78 (1), or
(d)  in relation to submissions concerning State significant advertised development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 83 (1), or
(e)  in relation to submissions concerning nominated integrated development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 89 (1), or
(f)  in relation to submissions concerning development that has been notified or advertised as required by a development control plan referred to in section 79A (2) of the Act, the submission period specified for the development in the instrument by which the development has been so notified or advertised, or
(g)  in relation to submissions concerning an application for authorisation as an accreditation body, the submission period specified in the notice referred to in clause 193 (1), or
(h)  in relation to submissions concerning development of a kind referred to in two or more of paragraphs (c), (d), (e) and (f), the longer or longest of those periods.
required, when used as an adjective, has the same meaning as in the Building Code of Australia.
section 94 condition means a condition under section 94 of the Act requiring the dedication of land or the payment of a monetary contribution, or both.
section 94 contribution means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in section 94 of the Act.
State significant advertised development means development of the kind referred to in clause 5 (1) (a).
temporary building means a building that is stated to be a temporary building in the development consent or complying development certificate granted or issued in relation to its erection.
the Act means the Environmental Planning and Assessment Act 1979.
threatened species development means development of the kind referred to in clause 5 (1) (c).
cl 3: Am 2001 No 112, Sch 2.17.

4 What is designated development?

(cf clause 53C of EP&A Regulation 1994)

(1) Development described in Part 1 of Schedule 3 is declared to be designated development for the purposes of the Act unless it is declared not to be designated development by a provision of Part 2 or 3 of that Schedule.
(2) Part 4 of Schedule 3 defines certain words and expressions used in that Schedule.
(3) Part 5 of Schedule 3 prescribes how certain distances are to be measured for the purposes of that Schedule.
(4) Schedule 3, as in force when a development application is made, continues to apply to and in respect of the development application regardless of any subsequent substitution or amendment of that Schedule, and the application is unaffected by any such substitution or amendment.
(5) References in subclause (4) to Schedule 3 include references to Schedule 3 to the Environmental Planning and Assessment Regulation 1994.

5 What is advertised development?

(cf clause 63 of EP&A Regulation 1994)

(1) For the purposes of the definition of advertised development in section 4 (1) of the Act, the following types of development (not being designated development) are identified as advertised development:
(a)  State significant development referred to in section 76A (7) (b) or (d) of the Act (not being Class 1 aquaculture development), referred to in this Regulation as State significant advertised development,
(b)  integrated development (not being State significant advertised development, threatened species development or Class 1 aquaculture development) that requires an approval (within the meaning of section 90A of the Act) under:
(i)  a provision of the Heritage Act 1977 specified in section 91 (1) of the Act, or
(ii)  a provision of the Water Act 1912 specified in section 91 (1) of the Act, or
(iii)  a provision of the Protection of the Environment Operations Act 1997 specified in section 91 (1) of the Act,
referred to in this Regulation as nominated integrated development,
(c)  development referred to in section 78A (8) (b) of the Act (not being State significant advertised development), referred to in this Regulation as threatened species development,
(d)  development that, pursuant to State Environmental Planning Policy No 62—Sustainable Aquaculture, is Class 1 aquaculture development, referred to in this Regulation as Class 1 aquaculture development.
(2) For the purposes of this Regulation, each of the following kinds of development, namely:
(a)  nominated integrated development,
(b)  threatened species development,
(c)  Class 1 aquaculture development,
(d)  any development that is identified as advertised development by an environmental planning instrument or a development control plan,
is referred to in this Regulation as other advertised development.

6 When is public notice given?

(cf clause 5 of EP&A Regulation 1994)

Public notice in a local newspaper is given for the purposes of this Regulation when the notice is first published in a local newspaper, even if the notice is required to be published more than once or in more than one newspaper.

7 Building Code of Australia

(cf clause 5A of EP&A Regulation 1994)

(1) For the purposes of the definition of Building Code of Australia in section 4 (1) of the Act:
(a) all amendments to that Code that are from time to time made by the Australian Building Codes Board are prescribed, and
(b) all variations of that Code that are from time to time approved by the Australian Building Codes Board in relation to New South Wales are prescribed.
(2) Any such amendment or variation comes into effect on the adoption date specified in that regard for New South Wales in the document by which the amendment or variation is published on behalf of the Australian Building Codes Board.

8 Notes

(cf clause 4 of EP&A Regulation 1994)

The explanatory note, table of contents and notes in this Regulation do not form part of this Regulation.

Part 2 Local environmental plans

Division 1 Notice to Director-General

9 Notice to Director-General

(1) As soon as practicable after resolving to prepare a draft local environmental plan, a council is to give notice of that fact to the Director-General.
(2) The notice must contain:
(a)  the terms of the resolution passed by the council, and
(b)  such information as the Director-General may require for the purpose of determining:
(i)  the effect of the proposed plan in relation to matters of State or regional significance,
(ii)  the adequacy of the consultation procedures to be adopted by the council in the preparation of the proposed plan, and
(iii)  the adequacy of any environmental study to be prepared by the council in relation to the proposed plan.

Division 2 Consultation and concurrence with other authorities

10 What documents must be given to other public authorities?

(cf clause 9 of EP&A Regulation 1994)

The following documents are to be given, free of charge, to each public authority that the council considers likely to be affected by, or to have an interest in, an environmental study prepared for the purposes of a draft local environmental plan:
(a) a copy or summary of the study,
(b) a copy or summary of the plan.

11 Public authorities must concur to proposed reservation of land

(cf clause 10 of EP&A Regulation 1994)

A local environmental plan or draft local environmental plan:
(a) may not contain a provision reserving land for a purpose referred to in section 26 (1) (c) of the Act, and
(b) may not contain a provision in respect of that reservation as required by section 27 of the Act,
unless the public authority responsible for the acquisition of the land has notified the council of its concurrence to the inclusion of such a provision in the plan.

Division 3 Public participation

12 What public notice is required for an environmental study and draft local environmental plan?

(cf clause 11 of EP&A Regulation 1994)

The public notice required to be given by the council under section 66 (1) of the Act must be published no later than the start of the public exhibition of the draft local environmental plan.

13 For how long must an environmental study and draft local environmental plan be exhibited?

(cf clause 12 of EP&A Regulation 1994)

For the purposes of section 66 (2) of the Act, the environmental study and draft local environmental plan must be publicly exhibited for at least 28 days.

14 How is notice of a public hearing to be given?

(cf clause 13 of EP&A Regulation 1994)

(1) A council that decides that a public hearing is to be held under section 68 of the Act must give notice of that fact:
(a) in a local newspaper, and
(b) in a letter sent to each of the persons who requested a public hearing when making a submission about the draft local environmental plan.
(2) The notice must contain details of the arrangements for the public hearing and must be sent or published, as the case requires, at least 21 days before the start of the public hearing.

Division 4 General

15 Recovery of cost of environmental study

(cf clause 14 of EP&A Regulation 1994)

For the purposes of section 57 (5) of the Act, the recovery from a person of any costs or expenses incurred by a council in the preparation of an environmental study is subject to:
(a) the person agreeing to pay those costs and expenses, and
(b) the terms of the agreement.

Part 3 Development control plans

Division 1 Preparation of development control plans by councils

16 In what form must a development control plan be prepared?

(cf clause 15 of EP&A Regulation 1994)

(1) A development control plan must be in the form of a written statement, and may include supporting maps, plans, diagrams, illustrations and other materials.
(2) A development control plan must describe the land to which it applies, and must identify any local environmental plan or deemed environmental planning instrument applying to that land.

17 For what matters may a development control plan provide?

(cf clause 16 of EP&A Regulation 1994)

A development control plan may provide for any matter for which a local environmental plan may provide.

17A Where specific consultation is required

(1) This clause applies to the following land:
Land to which Wollondilly Local Environmental Plan 1991 (Amendment No 37)—Camden Park applies (the Camden Park land).
(2) The initial draft development control plan for land to which this clause applies must:
(a) contain comprehensive provisions relating to the subdivision of, building on and the landscaping of, that land, and
(b) include details about colours of, and materials to be used in, the exteriors of buildings, trees to be retained, plantings to be made, fencing and the position of building envelopes and access roads.
(3) In the preparation of a draft development control plan for the Camden Park land, the council of the area within which the land is situated must consult with the Heritage Office, the Departments of Agriculture and Transport, the National Parks and Wildlife Service and Camden Council.
(4) An objective of any draft development control plan for the Camden Park land is to assist in achieving the aims of Wollondilly Local Environmental Plan 1991 (Amendment No 37)—Camden Park.
cl 17A: Ins 24.11.2000.

Division 2 Public participation

18 Draft development control plan must be publicly exhibited

(cf clause 17 of EP&A Regulation 1994)

(1) Following the preparation of a draft development control plan, the council:
(a)  must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan,
(b)  must publicly exhibit at the places, on the dates and during the times set out in the notice:
(i)  a copy of the draft plan, and
(ii)  a copy of any relevant local environmental plan or deemed environmental planning instrument, and
(c)  must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).
(2) A draft development control plan must be publicly exhibited for at least 28 days.

19 Copies of draft development control plans to be publicly available

(cf clause 18 of EP&A Regulation 1994)

Copies of the draft development control plan, and of any relevant local environmental plan or deemed environmental planning instrument, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

20 Who may make submissions about a draft development control plan?

(cf clause 19 of EP&A Regulation 1994)

Any person may make written submissions to the council about the draft development control plan during the relevant submission period.

Division 3 Approval of development control plans

21 Approval of development control plans

(cf clause 20 of EP&A Regulation 1994)

(1) After considering any submissions about the draft development control plan that have been duly made, the council:
(a)  may approve the plan in the form in which it was publicly exhibited, or
(b)  may approve the plan with such alterations as the council thinks fit, or
(c)  may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.
(3) Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.
(4) A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Division 4 Amendment and repeal of development control plans

22 How may a development control plan be amended or repealed?

(cf clause 21 of EP&A Regulation 1994)

(1) A council may amend a development control plan by a subsequent development control plan.
(2) A council may repeal a development control plan:
(a) by a subsequent development control plan, or
(b) by public notice in a local newspaper of its decision to repeal the plan.

23 Procedure for repealing a development control plan by public notice

(cf clause 22 of EP&A Regulation 1994)

(1) Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:
(a) of its intention to repeal the development control plan, and
(b) of its reasons for doing so.
(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.
(3) The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.

Division 5 Development control plans made by the Director-General

24 Application of Part to development control plans made by the Director-General

(cf clause 23 of EP&A Regulation 1994)

This Part applies to a development control plan prepared under section 51A of the Act, subject to the following modifications:
(a) a reference to a council is taken to be a reference to the Director-General,
(b) a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a regional environmental plan.

Division 6 Public access

25 Copies of development control plans to be publicly available

(cf clause 24 of EP&A Regulation 1994)

Copies of the following documents are to be made available to interested persons, either free of charge or on payment of reasonable copying charges:
(a) any development control plan in force in relation to the council’s area,
(b) any document referred to in any such development control plan that is held by the council (such as a supporting map, plan, diagram, illustration or other material).
Note—
This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.

Part 4 Contributions plans

Division 1 Preparation of contributions plans

26 In what form must a contributions plan be prepared?

(cf clause 25 of EP&A Regulation 1994)

(1) A contributions plan must be prepared having regard to any relevant practice notes adopted for the time being by the Director-General, copies of which are available for inspection and purchase from the offices of the Department.
(2) One or more contributions plans may be made for all or any part of the council’s area and in relation to one or more public amenities or public services.
(3) The council must not approve a contributions plan that is inconsistent with any direction given to it under section 94E of the Act.
(4) A draft contributions plan must be publicly exhibited for a period of at least 28 days.

27 What particulars must a contributions plan contain?

(cf clause 26 of EP&A Regulation 1994)

(1) A contributions plan must include particulars of the following:
(a)  the purpose of the plan,
(b)  the land to which the plan applies,
(c)  the relationship between the expected types of development in the area and the demand for additional public amenities and services to meet that development,
(d)  the formulas to be used for determining the section 94 contributions required for different categories of public amenities and services,
(e)  the contribution rates for different types of development, as specified in a schedule to the plan,
(f)  the council’s policy concerning the timing of the payment of monetary section 94 contributions and the section 94 conditions that allow deferred or periodic payment,
(g)  a works schedule of the specific public amenities and services proposed to be provided by the council, together with an estimate of their cost and staging.
(2) In determining the contribution rates for different types of development, the council must take into consideration the conditions that may be imposed under section 80A (6) (b) of the Act or section 97 (1) (b) of the Local Government Act 1993.

Division 2 Public participation

28 Draft contributions plan must be publicly exhibited

(cf clause 27 of EP&A Regulation 1994)

Following the preparation of a draft contributions plan, the council:
(a)  must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan, and
(b)  must publicly exhibit at the places, on the dates and during the times set out in the notice:
(i)  a copy of the draft plan, and
(ii)  a copy of any supporting documents, and
(c)  must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).

29 Copies of draft contributions plans to be publicly available

(cf clause 28 of EP&A Regulation 1994)

Copies of the draft contributions plan, and of any supporting documents, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

30 Who may make submissions about a draft contributions plan?

(cf clause 29 of EP&A Regulation 1994)

Any person may make written submissions to the council about the draft contributions plan during the relevant submission period.

Division 3 Approval of contributions plans

31 Approval of contributions plan by council

(cf clause 30 of EP&A Regulation 1994)

(1) After considering any submissions about the draft contributions plan that have been duly made, the council:
(a)  may approve the plan in the form in which it was publicly exhibited, or
(b)  may approve the plan with such alterations as the council thinks fit, or
(c)  may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.
(3) Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.
(4) A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Division 4 Amendment and repeal of contributions plans

32 How may a contributions plan be amended or repealed?

(cf clause 31 of EP&A Regulation 1994)

(1) A council may amend a contributions plan by a subsequent contributions plan.
(2) A council may repeal a contributions plan:
(a)  by a subsequent contributions plan, or
(b)  by public notice in a local newspaper of its decision to repeal the plan.
(3) A council may make the following kinds of amendments to a contributions plan without the need to prepare a new contributions plan:
(a)  minor typographical corrections,
(b)  changes to rates set out in the plan to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index),
(c)  the omission of details concerning works that have been completed.

33 Procedure for repealing a contributions plan by public notice

(cf clause 32 of EP&A Regulation 1994)

(1) Before repealing a contributions plan by public notice, the council must give public notice in a local newspaper:
(a) of its intention to repeal the contributions plan, and
(b) of its reasons for doing so.
(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.
(3) The repeal of a contributions plan by public notice in a local newspaper takes effect on the date of publication of the notice.

Division 5 Accounting

34 Councils must maintain contributions register

(cf clause 33 of EP&A Regulation 1994)

(1) A council that imposes section 94 conditions on development consents must maintain a contributions register.
(2) The council must record the following details in the register:
(a)  particulars sufficient to identify each development consent for which any such condition has been imposed,
(b)  the nature and extent of the section 94 contribution required by any such condition for each public amenity or service,
(c)  the contributions plan under which any such condition was imposed,
(d)  the date or dates on which any section 94 contribution required by any such condition was received, and its nature and extent.

35 Accounting for monetary section 94 contributions

(cf clause 34 of EP&A Regulation 1994)

(1) A council must maintain accounting records that allow monetary section 94 contributions (and any additional amounts earned from their investment) to be distinguished from all other money held by the council.
(2) The accounting records for a contributions plan must indicate the following:
(a)  the various kinds of public amenities or services for which expenditure is authorised by the plan,
(b)  the monetary section 94 contributions received under the plan, by reference to the various kinds of public amenities or services for which they have been received,
(c)  the amounts spent in accordance with the plan, by reference to the various kinds of public amenities or services for which they have been spent.
(3) A council must disclose the following information for each contributions plan in the notes to its annual financial report:
(a)  the opening and closing balances of money held by the council for the accounting period covered by the report,
(b)  the total amounts received by way of monetary section 94 contributions during that period, by reference to the various kinds of public amenities or services for which they have been received,
(c)  the total amounts spent in accordance with the contributions plan during that period, by reference to the various kinds of public amenities or services for which they have been spent,
(d)  the outstanding obligations of the council to provide public amenities or services, by reference to the various kinds of public amenities or services for which monetary section 94 contributions have been received during that or any previous accounting period.

36 Councils must prepare annual statements

(cf clause 35 of EP&A Regulation 1994)

(1) As soon as practicable after the end of each financial year, a council must prepare an annual statement for the contributions plans in force in its area.
(2) The annual statement must disclose, for each contributions plan, the information required by this Division to appear in the notes to its annual financial report.

Division 6 Public access

37 Councils must keep certain records available for public inspection

(cf clause 36 of EP&A Regulation 1994)

(1) A council must make the following documents available for inspection:
(a)  each of its current contributions plans,
(b)  each of its annual statements,
(c)  its contributions register.
(2) The documents must be available at the council’s principal office, free of charge, during the council’s ordinary office hours.
(3) Subject to section 428 of the Local Government Act 1993, the annual statement may be included in, or form part of, the annual report prepared by the council under that section.

38 Copies of contributions plans to be publicly available

(cf clause 37 of EP&A Regulation 1994)

A council must make the following documents available for copying, either free of charge or on payment of reasonable copying charges:
(a) each of its current contributions plans,
(b) each document referred to in any such contributions plan that is held by the council.
Note—
This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.

Part 5 Existing uses

39 Definitions

In this Part:
changed existing use means a use to which an existing use is changed in accordance with this Part.
relevant date means:
(a) in relation to an existing use referred to in section 106 (a) of the Act—the date on which an environmental planning instrument having the effect of prohibiting the existing use first comes into force, or
(b) in relation to an existing use referred to in section 106 (b) of the Act—the date when the building, work or land being used for the existing use was first erected, carried out or so used.

40 Object of Part

(cf clause 38 of EP&A Regulation 1994)

The object of this Part is to regulate existing uses under section 108 (1) of the Act.
Note—
By section 108 (2) of the Act, the provisions of this Part are the incorporated provisions and so are taken to be incorporated in every environmental planning instrument in force under the Act.

41 Certain development allowed

(cf clause 39 of EP&A Regulation 1994)

(1) An existing use may, subject to this Division:
(a)  be enlarged, expanded or intensified, or
(b)  be altered or extended, or
(c)  be rebuilt, or
(d)  be changed to another use, including a use that would otherwise be prohibited under the Act.
(2) A use to which an existing use is changed is itself taken to be an existing use for the purposes of the Act and may, subject to this Division, be changed to another use.

42 Development consent required for enlargement, expansion and intensification of existing uses

(cf clause 40 of EP&A Regulation 1994)

(1) Development consent is required for any enlargement, expansion or intensification of an existing use.
(2) The enlargement, expansion or intensification:
(a) must be for the existing use, or for a changed existing use, but for no other use, and
(b) must be carried out only on the land on which the existing use was carried out immediately before the relevant date.

43 Development consent required for alteration or extension of buildings and works

(cf clause 41 of EP&A Regulation 1994)

(1) Development consent is required for any alteration or extension of a building or work used for an existing use.
(2) The alteration or extension:
(a) must be for the existing use of the building or work, or for a changed existing use, but for no other use, and
(b) must be erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

44 Development consent required for rebuilding of buildings and works

(cf clause 42 of EP&A Regulation 1994)

(1) Development consent is required for any rebuilding of a building or work used for an existing use.
(2) The rebuilding:
(a) must be for the existing use of the building or work, or for a changed existing use, but for no other use, and
(b) must be carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

45 Development consent required for changes of existing uses

(cf clause 43 of EP&A Regulation 1994)

Development consent is required:
(a) for any change of an existing use to another use, and
(b) in the case of a building, work or land that is used for different existing uses, for any change in the proportions in which the various parts of the building, work or land are used for those purposes.

46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt

(cf clause 44 of EP&A Regulation 1994)

Nothing in this Part prevents the granting of a development consent referred to in clause 42, 43 or 44 at the same time as the granting of a development consent referred to in clause 45.

Part 6 Procedures relating to development applications

Division 1 Development applications generally

47 Application of Part

(cf clause 45 of EP&A Regulation 1994)

This Part applies to all development applications.
Note—
Because of the definition of development application in section 4 (1) of the Act, this Part does not apply to complying development or to applications for complying development certificates.

48 Consent authority to provide development application forms to intending applicants

(cf clause 45A of EP&A Regulation 1994)

The consent authority must provide any person intending to make a development application with:
(a)  the consent authority’s scale of fees for development applications generally, and
(b)  if the consent authority has determined the fee to accompany that particular application, advice of the amount determined, and
(c)  if the consent authority requires such an application to be in a particular form, blank copies of that form.

49 Who can make a development application?

(cf clause 46 of EP&A Regulation 1994)

(1) A development application may be made:
(a) by the owner of the land to which the development application relates, or
(b) by any other person, with the consent in writing of the owner of that land.
(2) Subclause (1) (b) does not require the consent in writing of the owner of the land for a development application made by a public authority if, before making the application, the public authority serves a copy of the application on the owner.
(3) Despite subclause (1), a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown.
(4) In this clause, public authority includes an irrigation corporation within the meaning of the Water Management Act 2000 that the Minister administering that Act has, by order in writing, declared to have the status of a public authority for the purposes of this clause in relation to development of a kind specified in the order.
cl 49: Am 2000 No 92, Sch 8.9.

50 How must a development application be made?

(cf clause 46A of EP&A Regulation 1994)

(1) A development application:
(a)  must contain the information, and be accompanied by the documents, specified in Part 1 of Schedule 1, and
(b)  if the consent authority so requires, must be in the form approved by that authority, and
(c)  must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority, and
(d)  must be delivered by hand, sent by post or transmitted electronically to the principal office of the consent authority, but may not be sent by facsimile transmission.
(2) A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of that consent.
(3) Immediately after it receives a development application, the consent authority:
(a)  must register the application with a distinctive number, and
(b)  must endorse the application with its registered number and the date of its receipt, and
(c)  must give written notice to the applicant of its receipt of the application, of the registered number of the application and of the date on which the application was received.
(4) In the case of a development application under section 78A (3) of the Act, the application must be accompanied by such matters as would be required under section 81 of the Local Government Act 1993 if approval were sought under that Act.
(5) The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.
(6) If the development application is for designated development, the consent authority must forward to the Director-General (where the Minister or the Director-General is not the consent authority) and to the council (where the council is not the consent authority) a copy of the environmental impact statement, together with a copy of the relevant application.
Note—
Additional requirements in relation to the making of a development application apply to applications for designated development, for integrated development and applications for development that affect threatened species.

51 Rejection of development applications

(cf clause 47 (1)–(3) of EP&A Regulation 1994)

(1) A consent authority may reject a development application within 7 days after receiving it if the application is illegible or unclear as to the development consent sought.
(2) A consent authority may reject a development application within 14 days after receiving it if:
(a)  being an application for integrated development, the application fails:
(i)  to identify all of the approvals referred to in section 91 of the Act that are required to be obtained before the development may be carried out, or
(ii)  to include the additional fees appropriate for each approval relevant to the integrated development, or
(iii)  to include the additional information required by this Regulation in relation to the integrated development, or
(b)  being an application referred to in section 78A (8) (b) of the Act, the application is not accompanied by a species impact statement referred to in that paragraph.
(3) An application that is rejected under this clause is taken for the purposes of the Act never to have been made.
(4) The consent authority must refund to the applicant the whole of any application fee paid in connection with an application that is rejected under this clause.
(5) Immediately after the rejection of a development application for:
(a)  development for which the concurrence of a concurrence authority is required, or
(b)  integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the rejection.

52 Withdrawal of development applications

(cf clause 47 (4)–(6) of EP&A Regulation 1994)

(1) A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.
(2) An application that is withdrawn is taken for the purposes of the Act (section 79 (6) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.
(3) The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.
(4) Immediately after the withdrawal of a development application for:
(a) development for which the concurrence of a concurrence authority is required, or
(b) integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the withdrawal.

53 Consent authority may require additional copies of development application and supporting documents

(cf clause 47A of EP&A Regulation 1994)

A consent authority that is required:
(a) to refer a development application to another person, or
(b) to arrange for the public display of a development application,
may require the applicant to give it as many additional copies of the development application and supporting documents as are reasonably required for that purpose.

54 Consent authority may request additional information

(cf clause 48 of EP&A Regulation 1994)

(1) A consent authority may request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.
(2) The request:
(a)  must be writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3) The information that a consent authority may request includes, but is not limited to, information relating to any relevant matter referred to in section 79C (1) (b)–(e) of the Act or in any relevant environmental planning instrument.
(4) However, the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate.
Note—
The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted.
(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6) If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the consent authority may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.

55 What is the procedure for amending a development application?

(cf clause 48A of EP&A Regulation 1994)

(1) A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.
(2) If an amendment or variation results in a change to the proposed development, the application to amend or vary the development application must have annexed to it written particulars sufficient to indicate the nature of the changed development.
(3) If the development application is for:
(a) development for which concurrence is required, as referred to in section 79B of the Act, or
(b) integrated development,
the consent authority must immediately forward a copy of the amended or varied application to the concurrence authority or approval body.

56 Extracts of development applications to be publicly available

(cf clause 48B of EP&A Regulation 1994)

(1) This clause applies to all development other than designated or advertised development.
(2) Extracts of a development application relating to the erection of a building:
(a) sufficient to identify the applicant and the land to which the application relates, and
(b) containing a plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected, if relevant for that particular development,
are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
Note—
The erection of a building is defined in the Act to include the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land.

57 Copyright in documents forming part of or accompanying development applications—applicant’s indemnification

(cf clause 48C of EP&A Regulation 1994)

Upon a development application being made under section 78A of the Act, the applicant (not being entitled to copyright) is taken to have indemnified all persons using the development application and documents in accordance with the Act against any claim or action in respect of breach of copyright.

Division 2 Development applications for development requiring concurrence

58 Application of Division

(cf clause 49 of EP&A Regulation 1994)

(1) This Division applies to all development applications that relate to development for which the concurrence of a concurrence authority is required.
(2) This Division does not apply in circumstances in which a concurrence authority’s concurrence may be assumed in accordance with clause 64.
(3) This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.

59 Seeking concurrence

(cf clause 49A of EP&A Regulation 1994)

(1) After it receives a development application for development requiring concurrence, the consent authority:
(a)  must forward a copy of the application (together with all accompanying documentation) to the concurrence authority whose concurrence is required, and
(b)  must notify the concurrence authority in writing of the basis on which its concurrence is required and of the date of receipt of the development application, and
(c)  if known at that time, must notify the concurrence authority in writing of the dates of the relevant submission period or periods if the application is to be publicly notified under section 79 or 79A of the Act.
(2) In the case of a development application that indicates on its face that such concurrence is required, the application must be forwarded to the relevant concurrence authority within 2 days after the application is lodged.

60 Concurrence authority may require additional information

(cf clause 50 of EP&A Regulation 1994)

(1) A concurrence authority whose concurrence has been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the question as to whether concurrence should be granted or refused.
(2) The request:
(a)  must be in writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3) Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the concurrence authority.
(4) Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the concurrence authority.
(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6) If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the concurrence authority may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.

61 Forwarding of submissions to concurrence authorities

(cf clause 50A of EP&A Regulation 1994)

(1) This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.
(2) Immediately after the expiration of the relevant submission period, the consent authority must forward to each concurrence authority a copy of all submissions received in response to the advertisement or notification.

62 Notification of decision

(cf clause 51 of EP&A Regulation 1994)

(1) A concurrence authority that has received a development application from a consent authority must give written notice to the consent authority of its decision on the development application:
(a)  within 40 days after receipt of the copy of the application, or
(b)  in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:
(i)  the last of the submissions made during the relevant submission period, or
(ii)  advice from the consent authority that no submissions were made.
Note—
This period may be extended by operation of Division 11.
(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):
(a)  the consent authority must notify the concurrence authority as soon as possible after the determination, and
(b)  this clause ceases to apply to the development application.
(3) Nothing in this clause prevents a consent authority from having regard to a concurrence authority’s decision on a development application that has been notified to the consent authority after the expiration of the relevant period under subclause (1).

63 Reasons for granting or refusal of concurrence

(cf clause 51A of EP&A Regulation 1994)

(1) If the concurrence authority:
(a)  grants concurrence subject to conditions, or
(b)  refuses concurrence,
the concurrence authority must give written notice to the consent authority of the reasons for the imposition of the conditions or the refusal.
(2) If the concurrence is one that is required under section 79B (3) of the Act, a copy of the reasons must be available for public inspection, during ordinary office hours:
(a)  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, at the head office of NSW Fisheries.

64 Circumstances in which concurrence may be assumed

(cf clause 51B of EP&A Regulation 1994)

(1) A concurrence authority may, by written notice given to the consent authority:
(a) inform the consent authority that concurrence may be assumed, subject to such qualifications or conditions as are specified in the notice, and
(b) amend or revoke an earlier notice under this clause.
(2) A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this clause is as valid and effective as if concurrence had been given.

Division 3 Development applications for integrated development

65 Application of Division

(cf clause 52 of EP&A Regulation 1994)

(1) This Division applies to all development applications for integrated development.
(2) This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.

66 Seeking general terms of approval

(cf clause 52A of EP&A Regulation 1994)

(1) After it receives a development application for integrated development, the consent authority:
(a)  must forward a copy of the application (together with all accompanying documentation) to the approval body whose approval is required, and
(b)  must notify the approval body in writing of the basis on which its approval is required and of the date of receipt of the development application, and
(c)  if known at that time, must notify the approval body in writing of the dates of the relevant submission period if the application is to be publicly notified under section 79 or 79A of the Act.
(2) In the case of a development application that indicates on its face that such an approval is required, the application must be forwarded to the relevant approval body within 2 days after the application is lodged.

67 Approval body may require additional information

(cf clause 53 of EP&A Regulation 1994)

(1) An approval body the general terms of whose approval have been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the general terms of approval.
(2) The request:
(a)  must be in writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3) Immediately after receiving a request for additional information from an approval body, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the approval body.
(4) Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the approval body.
(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6) If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the approval body may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.

68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974

(cf clause 53AA of EP&A Regulation 1994)

(1) If:
(a) development is integrated development because, or partly because, it requires consent under section 90 of the National Parks and Wildlife Act 1974, and
(b) the Director-General of National Parks and Wildlife is of the opinion that consultation with an Aboriginal person or persons, an Aboriginal Land Council or another Aboriginal organisation concerning a relic or Aboriginal place is required before the Director-General can make a decision concerning the general terms of approval in relation to such a consent (including whether or not the Director-General will grant consent),
the Director-General must cause notice of that fact to be given to the consent authority.

69 Forwarding of submissions to approval bodies

(cf clause 53A of EP&A Regulation 1994)

(1) This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.
(2) Immediately after the expiration of the relevant submission period, the consent authority must forward to each approval body a copy of all submissions received in response to the advertisement or notification.

70 Notification of general terms of approval

(cf clause 53B of EP&A Regulation 1994)

(1) An approval body that has received a development application from a consent authority must give written notice to the consent authority of its decision concerning the general terms of approval in relation to the development application (including whether or not it will grant an approval):
(a)  within 40 days after receipt of the copy of the application, or
(b)  in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:
(i)  the last of the submissions made during the relevant submission period, or
(ii)  advice from the consent authority that no submissions were made.
Note—
This period may be extended by operation of Division 11.
(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):
(a)  the consent authority must notify the approval body as soon as possible after the determination, and
(b)  this clause ceases to apply to the development application.
(3) Nothing in this clause prevents a consent authority from having regard to an approval body’s general terms of approval that have been notified to the consent authority after the expiration of the relevant period under subclause (1).

Division 4 Environmental impact statements

71 What is the form for an environmental impact statement?

(cf clause 54 of EP&A Regulation 1994)

For the purposes of section 78A (8) of the Act, the prescribed form for an environmental impact statement to accompany a development application is a form that contains the following information:
(a)  the name, address and professional qualifications of the person by whom the statement is prepared,
(b)  the name and address of the person by whom the development application was made,
(c)  the address of the land in respect of which the development application was made,
(d)  a description of the development to which the statement relates,
(e)  an assessment by the person by whom the statement is prepared of the environmental impact of the development to which the statement relates, dealing with the matters referred to in clause 72,
(f)  a declaration by the person by whom the statement is prepared to the effect that:
(i)  the statement has been prepared in accordance with clauses 72 and 73, and
(ii)  the statement contains all available information that is relevant to the environmental assessment of the development to which the statement relates, and
(iii)  that the information contained in the statement is neither false nor misleading.

72 What must an environmental impact statement contain?

(cf clause 54A of EP&A Regulation 1994)

(1) The contents of an environmental impact statement must include:
(a)  for development of a kind for which specific guidelines are in force under this clause, the matters referred to in those guidelines, or
(b)  for any other kind of development:
(i)  the matters referred to in the general guidelines in force under this clause, or
(ii)  if no such guidelines are in force, the matters referred to in Schedule 2.
(2) For the purposes of this clause, the Director-General may establish guidelines for the preparation of environmental impact statements, in relation to development generally or in relation to any specific kind of development.
(3) The Director-General may vary or revoke any guidelines in force under this clause.
(4) An environmental impact statement prepared in accordance with this clause before the date on which any of the following events occur:
(a)  the amendment of Schedule 2,
(b)  the establishment of new guidelines under this clause,
(c)  the variation or revocation of existing guidelines under this clause,
is taken to have been prepared in accordance with this clause, for the purposes of any development application made within 3 months after that date, as if the relevant event had not occurred.

73 Requirements of Director-General and approval bodies concerning preparation of environmental impact statements

(cf clause 55 of EP&A Regulation 1994)

(1) The applicant responsible for preparing an environmental impact statement must consult with the Director-General and, in completing the statement, must have regard to the Director-General’s requirements:
(a)  as to the form and content of the statement, and
(b)  as to making the statement available for public comment.
(2) For the purposes of the consultation, the applicant must give the Director-General written particulars of:
(a)  the location, nature and scale of the development, and
(b)  in the case of a development application for integrated development, the approvals that are required.
(3) In the case of proposed integrated development the Director-General must request, in writing, each relevant approval body to provide the Director-General with that approval body’s requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval).
(4) If an approval body does not provide the Director-General, in writing, with its requirements within 14 days after receipt of the Director-General’s request under subclause (3):
(a)  the Director-General must inform the applicant, and
(b)  the applicant:
(i)  must consult with the approval body and obtain its requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval), and
(ii)  in completing the statement, must have regard to the approval body’s requirements.
(5) Within 28 days after the applicant’s consultation with the Director-General is completed, or within such further time as is agreed between the Director-General and the applicant, written notice of the Director-General’s requirements must be given:
(a)  to the applicant, and
(b)  to the relevant consent authority (unless the Minister or the Director-General is the consent authority), and
(c)  to the relevant approval body (in the case of proposed integrated development for which the approval body has provided the Director-General with its requirements following the Director-General’s request under subclause (3)).
(6) If the development application to which the environmental impact statement relates is not made within 2 years after the notice is given, the applicant must consult further with the Director-General in relation to the preparation of the statement.
(7) The Director-General may waive the requirement for consultation under this clause in relation to any particular development or any particular class or description of development, other than integrated development.

74 Consent authority may require additional copies of environmental impact statement

(cf clause 55A of EP&A Regulation 1994)

The consent authority may require an applicant for development consent for designated development to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.

75 Consent authority may sell copies of environmental impact statement to the public

(cf clause 56 of EP&A Regulation 1994)

(1) Copies of an environmental impact statement may be sold by a consent authority to any member of the public for not more than $25 per copy.
(2) A consent authority:
(a) must pay the proceeds of sale to the applicant responsible for the preparation of the statement, and
(b) must return to the applicant any unsold copies of the statement.

76 Documents adopted or referred to by environmental impact statement

(cf clause 56A of EP&A Regulation 1994)

(1) Any document adopted or referred to by an environmental impact statement is taken to form part of the statement.
(2) Nothing in this Part requires the applicant responsible for the preparation of an environmental impact statement to supply any person with a document that is publicly available.

Division 5 Public participation—designated development

77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)

(cf clause 57 of EP&A Regulation 1994)

At the same time as giving public notice under section 79 (1) of the Act, the consent authority must give written notice of a development application for designated development to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of that development application.

78 What information must a written notice of designated development contain?

(cf clause 58 of EP&A Regulation 1994)

(1) A written notice of a development application under section 79 (1) (b) of the Act must contain the following information:
(a)  a description (including the address) of the land on which the development is proposed to be carried out,
(b)  the name of the applicant and of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the proposed development is designated development,
(e)  a statement that the development application and the documents accompanying the application, including the environmental impact statement, may be inspected:
(i)  at the consent authority’s principal office, and
(ii)  at the Department’s offices (if the Minister or Director-General is not the consent authority), and
(iii)  at the council’s principal office (if the council is not the consent authority),
for a period specified in the notice during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the period specified under paragraph (e) may make written submissions to the consent authority concerning the development application, and
(ii)  if a submission is made by way of objection, the grounds of objection must be specified in the submission,
(g)  the dates of the period specified under paragraph (e),
(h)  if the proposed development is also integrated development:
(i)  a statement that the development is integrated development, and
(ii)  a statement of the approvals that are required and the relevant approval bodies for those approvals,
(i)  a statement that, unless the proposed development is development for which a Commission of Inquiry has been held, any person:
(i)  who makes a submission by way of objection, and
(ii)  who is dissatisfied with the determination of the consent authority to grant development consent,
may appeal to the Land and Environment Court,
(j)  a statement that, if a Commission of Inquiry is held, the Minister’s determination of the application is final and not subject to appeal.
(2) The period referred to under subclause (1) (e) must include the period of 30 days commencing on the day after which notice of the development application is first published in a newspaper under section 79 (1) (d) of the Act.

79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?

(cf clause 59 of EP&A Regulation 1994)

(1) The notice for a development application for designated development under section 79 (1) (c) of the Act:
(a)  must be exhibited on the land to which the development application relates, and
(b)  must be displayed on a signpost or board, and
(c)  must be clear and legible, and
(d)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(e)  must contain under that heading the following matters:
(i)  a statement that the development application has been lodged,
(ii)  the name of the applicant,
(iii)  a brief description of the development application,
(iv)  notice that the development application and the relevant environmental impact statement may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in the written notice under section 79 (1) (b) of the Act, and
(f)  must, if practicable, be capable of being read from a public place.

80 How is the notice under section 79 (1) (d) published for designated development?

(cf clause 60 of EP&A Regulation 1994)

The notice for a development application for designated development under section 79 (1) (d) of the Act:
(a)  must be published on at least 2 separate occasions, and
(b)  must appear across 2 or 3 columns in the display section of the newspaper, and
(c)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(d)  must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.

81 Forwarding of submissions to Director-General

(cf clause 62 of EP&A Regulation 1994)

For the purposes of section 80 (9) (b) of the Act, the consent authority must, immediately after the relevant submission period, forward to the Director-General (if the Minister or the Director-General is not the consent authority) a copy of all submissions (including submissions by way of objection) received in response to the public exhibition of a development application for designated development.
Note—
This requirement will not apply if the Director-General has waived the requirement under section 80 (10) (b) of the Act.

Division 6 Public participation—State significant advertised development

82 Application of section 79 of the Act relating to designated development

(cf clause 64 of EP&A Regulation 1994)

(1) For the purposes of section 79A (1) of the Act, section 79 of the Act applies to a development application for State significant advertised development in the same way as it applies to a development application for designated development, and this Division applies accordingly.
(2) This Division does not apply to development on land to which clause 26F of Newcastle Local Environmental Plan 1987 applies.

83 What must a written notice under section 79 (1) (b) of the Act contain?

(cf clause 64 of EP&A Regulation 1994)

(1) For the purposes of section 79 (1) (b) of the Act, a written notice of a development application for State significant advertised development must contain the following information:
(a)  a description (including the address) of the land on which the development is proposed to be carried out,
(b)  the name of the applicant and of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the proposed development is not designated development,
(e)  a statement that the development application and the documents accompanying the application may be inspected:
(i)  at the Department’s principal office, and
(ii)  at the council’s principal office,
for a period specified in the notice during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the period specified under paragraph (e) may make written submissions to the Director-General concerning the development application, and
(ii)  if a submission is made by way of objection, the grounds of objection must be specified in the submission,
(g)  the dates of the period specified under paragraph (e),
(h)  a statement that:
(i)  the Minister will determine the application, and
(ii)  if the proposed development is subject to a direction under section 89 of the Act, the council may request that a Commission of Inquiry be held into the development, and
(iii)  if a Commission of Inquiry is held, the Minister’s determination of the application is final and not subject to appeal,
(i)  if the development is also integrated development:
(i)  a statement that the development is integrated development, and
(ii)  a statement of the approvals that are required and the relevant approval bodies for those approvals.
(2) The period referred to under subclause (1) (e) must include the period of 30 days commencing on the day after which notice of the development application is first published in a newspaper under section 79 (1) (d) of the Act.

84 How is the notice under section 79 (1) (c) of the Act to be exhibited on land?

(cf clause 64 of EP&A Regulation 1994)

The notice for a development application for State significant advertised development under section 79 (1) (c) of the Act:
(a)  must be exhibited on the land to which the development application relates, and
(b)  must be displayed on a signpost or board, and
(c)  must be clear and legible, and
(d)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(e)  must contain under that heading the following matters:
(i)  a statement that the development application has been lodged,
(ii)  the name of the applicant,
(iii)  a brief description of the development application,
(iv)  notice that the development application may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in the written notice under section 79 (1) (b) of the Act, and
(f)  must, if practicable, be capable of being read from a public place.

85 How is the notice published under section 79 (1) (d) of the Act published?

(cf clause 64 of EP&A Regulation 1994)

The notice for a development application for State significant advertised development under section 79 (1) (d) of the Act:
(a)  must be published in the public notices section of the newspaper, and
(b)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(c)  must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.

Division 7 Public participation—other advertised development

86 Application of Division