Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43
Repealed version for 24 November 2005 to 19 June 2006 (accessed 9 August 2020 at 00:55)
Schedule 3
Schedule 3 Development consent amendments
(Section 3)
[1]   Section 79C Evaluation
Insert “(unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved)” after “consent authority” in section 79C (1) (a) (ii).
[2]   Section 80 Determination
Omit the heading to section 80 (4). Insert instead:
(4)  Total or partial consent
[3]   Section 80 (5)
Omit the subsection. Insert instead:
  
(5)  The consent authority is not required to refuse consent to any specified part or aspect of development for which development consent is not initially granted under subsection (4), but development consent may subsequently be granted for that part or aspect of the development.
Note.
 See also Division 2A for special procedures concerning staged development applications.
[4]   Part 4, Division 2A
Insert after Division 2 of Part 4:
  
Division 2A Special procedures concerning staged development applications
83A   Application of this Division
This Division applies to staged development applications and to consents granted on the determination of those applications.
83B   Staged development applications
(1)  For the purposes of this Act, a staged development application is a development application that sets out concept proposals for the development of a site, and for which detailed proposals for separate parts of the site are to be the subject of subsequent development applications. The application may set out detailed proposals for the first stage of development.
(2)  A development application is not to be treated as a staged development application unless the applicant requests it to be treated as a staged development application.
(3)  If consent is granted on the determination of a staged development application, the consent does not authorise the carrying out of development on any part of the site concerned unless:
(a)  consent is subsequently granted to carry out development on that part of the site following a further development application in respect of that part of the site, or
(b)  the staged development application also provided the requisite details of the development on that part of the site and consent is granted for that first stage of development without the need for further consent.
(4)  The terms of a consent granted on the determination of a staged development application are to reflect the operation of subsection (3).
83C   Staged development applications as alternative to dcp required by environmental planning instruments
(1)  An environmental planning instrument cannot require the making of a staged development application before development is carried out.
(2)  However, if an environmental planning instrument requires the preparation of a development control plan before any particular or kind of development is carried out on any land, that obligation may be satisfied by the making and approval of a staged development application in respect of that land.
Note.
 Section 74D (5) also authorises the making of a development application where the relevant planning authority refuses to make, or delays making, a development control plan.
(3)  Any such staged development application is to contain the information required to be included in the development control plan by the environmental planning instrument or the regulations.
83D   Status of staged development applications and consents
(1)  The provisions of or made under this or any other Act relating to development applications and development consents apply, except as otherwise provided by or under this or any other Act, to a staged development application and a development consent granted on the determination of any such application.
Note.
 Applicable provisions in respect of staged development applications include provisions relating to designated development, integrated development and regulations made under section 105.
(2)  While any consent granted on the determination of a staged development application for a site remains in force, the determination of any further development application in respect of that site cannot be inconsistent with that consent.
(3)  Subsection (2) does not prevent the modification in accordance with this Act of a consent granted on the determination of a staged development application.
Note.
 See section 95 (2) which prevents a reduction in the 5 year period of a development consent.
[5]   Section 91 What is “integrated development”?
Insert in alphabetical order of Acts in section 91 (1):
  
ss 63, 64
grant of mining lease
s 9
grant of production lease
[6]   Section 95 Lapsing of consent
Omit section 95 (1) and (2). Insert instead:
  
(1)  A development consent lapses 5 years after the date from which it operates.
(2)  However, a consent authority may reduce that period of 5 years in granting development consent. This subsection does not apply to development consent granted to a staged development application under Division 2A for development that requires a subsequent development application and consent.
[7]   Section 105 Regulations—Part 4
Omit section 105 (1) (j). Insert instead:
  
(j)  the preparation, contents, form and submission of environmental impact statements and statements of environmental effects,
[8]   Schedule 6 Savings, transitional and other provisions
Insert in appropriate Divisional order (and with appropriate clause numbers) in the Part of the Schedule inserted by Schedule 6 to this Act:
  
Division 4 Development consent amendments
Section 80 (5)—staged development conditional consents
(1)  The substitution of section 80 (5) by the 2005 Amending Act does not affect a condition of a development consent that requires another development consent before development may be carried out.
(2)  Section 95 (as in force immediately before the amendment of that section by the 2005 Amending Act) continues to apply to a development consent that is subject to such a condition.
Staged development applications as alternative to master plans
Section 83C (as inserted by the 2005 Amending Act) applies as if a reference in that section to a provision of an environmental planning instrument that requires a development control plan included a reference to any such provision made before the commencement of this clause that requires a master plan.