Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Regulation 1998 (1998-267) [GG No 81 of 22.5.1998, p 3703] (NSW)
1998 No 267
New South Wales Environmental Planning and
Assessment Amendment Regulation
1998
under the
Environmental Planning and Assessment Act 1979
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and
Assessment Act 1979.
CRAIG KNOWLES, M.P..
Minister for Urban Affairs and Planning
Explanatory note
The object of this Regulation is to amend the Environmental Planning and
Assessment Regulation 1994 as a consequence of the amendment of the Environmental Planning and Assessment Act 1979 by the Environmental Planning and Assessment Amendment Act 1997 in order to implement the
environmental planning controls for which provision is made in the
amending Act.
The main amendment is made by Schedule 1 [6] which omits Parts 6 and 7
of the current Regulation and replaces them with new Parts 6. 6A, 7, 7A, 7B,
7C, 7D and 7E.Proposed Part 6 (Procedures relating to development applications)
Proposed Part 6 (proposed clauses 45—74) contains provisions with respect to the making and determination of development applications:
(a)
Division 1 (proposed clauses 45—48C) deals with development applications generally.
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Environmental Planning and Assessment Amendment Regulation 1998
Explanatory note
applications for development requiring concurrence,
Division 3 (proposed clauses 52–53B) deals with development
applications for integrated development,
Division 4 (proposed clause 53C) deals with designated development,
Division 5 (proposed clauses 54–56A) deals with environmental
impact statements,
Division 6 (proposed clauses 57–62) deals with public participation in
applications for designated development,
Division 7 (proposed clauses 63–65) deals with public participation in
applications for advertised development,
Division 8 (proposed clauses 66–68) deals with the determination of
development applications,Division 2 (proposed clauses 49–51B) deals with development notifications,
which development consent is taken to have been refused,
Division 10 (proposed clause 70B) deals with the circumstances in completion and modification of development consents,
development consents. Division 12 (proposed clause 74) deals with the validity of Part 6A (Procedures relating to complying development certificates)
Proposed Part 6A (proposed clauses 75–77B) sets out the procedures relating to complying development certificates:
( a )
Division 1 (proposed clauses 75–74A) deals with applications for complying development certificates,
( b )
Division 2 (proposed clauses 77–77A) deals with the determination of applications and the commencement of complying development.
( c )
Division 3 (proposed clause 77B) deals with the validity of complying development certificates.
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Environmental Planning and Assessment Amendment Regulation 1998
Explanatory note
Proposed Part 7 (Conditions of development consent)
Proposed Part 7 (proposed clauses 78–781) prescribes various conditions which are prescribed (and therefore mandatory) conditions for the purposes of section 80A of the amended Act (which deals with development consents) and section 85A of the amended Act (which deals with complying development certificates).
Proposed Part 7A (Certification of development)
Proposed Part 7A (proposed clauses 79–79W) contains provisions with respect to the certification of development:
Division 1 (proposed clause 79) deals with compliance certificates certificates under Part 4A of the amended Act,
under Part 4A of the amended Act,
Division 2 (proposed clauses 79A–79IA) deals with construction
certificates under Part 4A of the amended Act,
Division 3 (proposed clauses 79J–79Q) deals with occupationcertificates under Part 4A of the amended Act,
to all certificates under Part 4A of the amended Act. Division 5 (proposed clauses 79V–79Y) deals with matters common Proposed Part 7B (Fire safety and matters concerning the
Building Code of Australia)Proposed Part 7B (clauses 80–80J) contains provisions with respect to fire safety and matters concerning the Building Code of Australia:
(a)
Division 1 (proposed clauses 80–80B) defines certain expressions used in, and establishes the ambit of, the proposed Part,
(b)
Division 2 (proposed clause 80C) deals with the issuing of fire safety schedules,
(c)
Division 3 (proposed clause 80D) deals with matters arising out o f the making of a fire safety order under the Act,
(d)
Division 4 (proposed clauses 80E–80G) deals with the issuing of fire safety certificates.
( e )
Division 5 (proposed clauses 80H–80J) deals with miscellaneous matters, including the granting of certain exemptions.
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Environmental Planning and Assessment Amendment Regulation 1998
Explanatory note
Proposed Part 7C (Accreditation bodies and accredited certifiers)
Proposed Part 7C (clauses 81–81M) contains provisions with respect to accreditation bodies and accredited certifiers:
(a)
Division 1 (clauses 81–81G) deals with the authorisation of professional associations as accreditation bodies and the variation and withdrawal of authorisations granted under the Division,
(b)
Division 2 (clauses 81H–81K) deals with the registers and records to be kept, and the reports to be made, by authorised accreditation bodies,
(c)
Division 3 (clauses 81L–81M) deals with the accreditation of persons as accredited certifiers and the records to be kept by them.
Proposed Part 7D (Insurance)
Proposed Part 7D (clauses 81N–81EE) contains provisions with respect to the insurance to be taken out by accredited certifiers under section 109ZN of the Act:
(a) Division 1 (clause 81N) defines certain expressions used in the proposed Part, (b) Division 2 (clauses 81O–81W) prescribes the form and content of the insurance contracts by which an accredited certifier must be indemnified, ( c ) Division 3 (clauses 81X–81AA) prescribes the kinds of exceptions and exclusions that may be contained in any such insurance contract, (d) Division 4 (clauses 81BB–81DD) deals with the obligations of insurers who leave or re-enter the insurance market in relation to the
insurance of accredited certifiers,( e ) Division 5 (clause 81EE) deals with the notices to be given by insurers in relation to events concerning accredited certifiers insured by them.
Proposed Part 7C (proposed clauses 81FF–81LL) deals with the procedures for the accreditation, revocation of accreditation. extension of accreditation and renewal of accreditation of components, processes and designs for use in connection with the erection and demolition of buildings.
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Explanatory note
Another significant amendment is made by Schedule l [7] which omits Parts 9 and 10 of the current Regulation and replaces them with new Parts 9 and 10.
Proposed Part 9 (Fees and charges)
Proposed Part 9 (proposed clauses 92–109) contains provisions with respect to fees and charges:
(a)
Division 1 (proposed clauses 92–103) deals with fees for development applications,
(b)
Division 2 (proposed clauses 104–109) deals with other fees and charges.
Proposed Part 10 (Registers and other records)
Proposed Part l0 (proposed clauses 109A-109E) contains provisions relating to the keeping of registers and other records.
This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections specifically referred to in the Regulation and sections 105 and 157.
1998 No 267
Clause 1 Environmental Planning and Assessment Amendment Regulation 1998 Environmental Planning and Assessment
Amendment Regulation 1998
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment Regulation 1998.
2 Commencement
This Regulation commences on the day appointed by proclamation under section 2 of the Environmental Planning and Assessment Amendment Act 1997 for the commencement of that Act.
3 Amendment of Environmental Planning and Assessment Regulation 1994
The Environmental Planning and Assessment Regulation 1994 is amended as set out in Schedule 1.
4 Notes
The explanatory note and notes in this Regulation do not form part of this Regulation.
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Amendments Schedule 1 Schedule 1 Amendments
(Clause 3 )
[ 1 ] Clause 5A
Insert after clause 5:
5A Building Code of Australia
For the purposes of the definition of Building Code of
Australia in section 4 (1) of the Act:
(a)
all amendments made by the Board before I January 1998, and
(b)
all variations approved by the Board before 1 January 1998 in relation to New South Wales,
are prescribed.
[2 ] Clause 20 Approval of development control plans
Omit “14 days” from clause 20 (2). Insert instead "28 days”. [3 ] Clause 25 In what form must a contributions plan be prepared?
Insert at the end of clause 25:
(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 wi th any direction given to i t under section 94E of the Act.
(4) A draft contributions management plan must be publicly
exhibited for a period of not less than 28 days.1998 No 267
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Schedule 1 Amendments [4] Clause 27, Note
Omit the note.
[ 5 ] Clause 30 Approval of contributions plan by council
Omit "14 days” from clause 30 (2). Insert instead ‘‘28 days”.
[6] Parts 6–7E
Omit Parts 6 and 7. Insert instead:
Part 6 Procedures relating to development
applications
Division 1 Development applications generally 45 Application of Part This Part applies to all development applications.
Note. Because of the definition of development application in section 4 (1) of the Act, this Part has no application to either complying development or applications for complying development certificates.
45A Consent authority to provide development application
forms to intending applicants
The consent authority must provide any person intending to make a development application with:
(a) copies of Form 1, and (b) the consent authority‘s scale of fees for development applications, and
(c)
if the consent authority has determined the fee to accompany a development application for the proposed development. advice of the amount determined.
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Amendments Schedule 1 46 Who can make a development application?
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 the land to which the development application relates. 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.
by a lessee of Crown land may only be made with the Despite subclause (l), a development application made consent in writing given by or on behalf of the Crown.
46A How must a development application be made?
(1) A development application:
(a) must be in Form 1 , and (b) must be accompanied by the information required by Form 1, and (c) must be accompanied by the fee, not exceeding the fee prescribed in Part 9, determined by the consent authority, and (d) must be: (i) delivered by hand, or
(ii) sent by post, or
(iii) transmitted electronically,
to the principal office of the consent authority, andmay 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.
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Schedule 1 Amendments 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. 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 was sought under that Act.
The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.
If the development application is for designated
development, the consent authority must forward to the Director (where the Minister or the Director is not the consent authority) and to the council (where the council is not the consent authority) a copy of the environmental
application. impact statement, together with a copy of the relevant If the development application is for designated development that is also integrated development, the applicant must also lodge a copy of the development application and any accompanying information with the approval body on or before the day the development application is lodged with the consent authority. 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.
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Amendments Schedule 1 47 Rejection and withdrawal of development applications
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.
An application that is rejected under this clause is taken for the purposes of the Act never to have been made.
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. 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. An application that is withdrawn is taken for the purposes of the Act (section 79 (6) of the Act and clause 65 (9) excepted) never to have been made.
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.
a concurrence authority is required or integrated In the case of development for which the concurrence of development, the consent authority must, immediately after the rejection or withdrawal of a development application notify each relevant concurrence authority or approval body of the rejection or withdrawal. 47A Consent authority may require additional copies of
development application and supporting documents
A consent authority that is required:
(a)
to refer a development application to another person, or
(h)
to arrange for the public display of a development application,
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Schedule 1 Amendments 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.
48 Consent authority may request additional information
A consent authority may request the applicant for development consent to give it any additional information about the proposed development that is essential to the consent authority's proper consideration of the application.
The request must be made by the consent authority, in writing, within 21 days after it receives the development application.
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 of the Act or in any relevant environmental planning instrument.
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 in
Form 1 1 . 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.
The information must be provided within a reasonable
The period of time that elapses between the date of the period specified by the consent authority for the purpose. consent authority's request and the date on which:
(a) the information is received by the consent authority, or (b) the applicant notifies the consent authority that the information will not be provided, or (c) the period specified by the consent authority ends, whichever is the sooner, is not to be taken into consideration in calculating the period prescribed by clause 70B for the purposes of section 82 of the Act.
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Amendments Schedule 1 48A What is the procedure for amending a development
application?
( 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 development for which the concurrence of a consent authority is required
or integrated development, the consent authority must forward a copy of the amended or varied application to
the concurrence authority or approval body.48B Extracts of development applications to be publicly
available
( 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 i t 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.
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Schedule 1 Amendments 4 8C Copyright in documents forming part of or
accompanying development applications—applicant’s
indemnificationUpon 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 concurrence49 Application of Division
( 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 51A. ( 3 ) This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 47.
49A Seeking concurrence
Within 2 days after it receives a development application for development requiring concurrence, the consent authority:
(a) must:
( i )
forward a copy of the application to the concurrence authority whose concurrence is required, and
( i i )
notify the concurrence authority in writing of the date of receipt of the development application, and
( b )
if known at that time, notify the concurrence authority 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.
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Amendments Schedule 1 50 Concurrence authority may require additional
information
A concurrence authority whose concurrence has been sought may request the consent authority to give it any additional information about the proposed development that is essential to its proper consideration of whether to grant or refuse concurrence.
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 a reasonable period specified by the consent authority.
If the request is made by the concurrence authority
within 21 days after the date of lodgment of the development application with the consent authority, the period of time that elapses between the date on which the consent authority receives the concurrence authority’s request and the date on which:
(a)
the information is provided to the consent authority, or
(b)
the applicant notifies the consent authority that the information will not be provided,
is not to be taken into consideration in calculating:
(c) the period prescribed by clause 70B for the purposes of section 82 of the Act, or (d) the period prescribed by clause 51 (l), but only if Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the concurrence authority.
that period has commenced to run.
50A Forwarding of submissions to concurrence authorities The consent authority must, immediately after the expiration of the submission period, forward to the concurrence authority a copy of all submissions received
in response to the public notification under section 79A of the Act of a development application. 1998 No 267
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Schedule 1 Amendments 51 Notification of decision
(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, except as provided by paragraph (b), or (b) if the development has been publicly notified under section 79 or 79A of the Act, within 21 days after: (i) receipt by the concurrence authority of copies of submissions made to the consent authority during the submission period, or
(ii) receipt of advice from the consent authority that no submissions were received.
(2)
If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period determined 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.
51A Reasons for granting or refusal of concurrence
( 1 ) I f 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.
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Amendments Schedule 1
(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, at the head office of the National Parks and Wildlife Service.
51B Circumstances in which concurrence may be assumed
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.
assumed concurrence in accordance with a notice under A consent granted by a consent authority that has this clause is as valid and effective as if concurrence had been given. Division 3 Development applications for integrated
development52 Application of Division
(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 47.
52A Seeking general terms of approval
(1) Within 2 days after it receives a development application
for integrated development, the consent authority:
( a ) must: (i) forward a copy of the application to the relevant approval body, and
(ii) notify the approval body in writing of the date of receipt of the development application, and
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Schedule 1 Amendments
(b)
if known at that time, 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)
Subclause ( 1 ) (a) (i) does not apply to a development application for integrated development that is designated development.
53 Approval body may require additional information
An approval body the general terms of whose approval have been sought may request the consent authority to give it any additional information about the proposed development that is essential to the proper consideration of its decision concerning the general terms of approval. 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 a reasonable period specified by the consent authority.
Immediately after receiving the requested information
from the applicant, the consent authority must forward
that information to the approval body.
period specified by subclause (5) as the period within- If the request is made by the approval body within the which a request for additional information may be made by an approval body, the period of time that elapses between the date on which the consent authority receives the approval body’s request and the date that is 2 days after the date on which:
(a) the information is provided to the consent authority, or (b) the applicant notifies the consent authority that the information will not be provided, is not to be taken into consideration in calculating:
(c) the period prescribed by clause 70B for the purposes of section 82 of the Act. or ( d ) the period prescribed by clause 53B, but only if that period has commenced to run.
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Amendments Schedule 1
(5) The period within which a request for additional
information may be made by an approval body is:
(a)
the period of 25 days after the date of lodgment of the development application with the consent authority, except as provided by paragraph (b), and
(b)
in the case of integrated development that is not designated development, if the approval body does not receive a copy of the development application and any accompanying information within 5 days after the development application is lodged with the consent authority, the period of 21 days after the date on which the approval body receives a copy of the development application and any accompanying information.
53AA Consultation concerning relic or Aboriginal place
( 1 ) If:
(a)
development is integrated development because, or partly because, it requires an approval 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 (including whether or not the Director-General will grant an approval), and ( c ) the consultation commences within 25 days after the date of lodgment of the development application, the period of time that elapses during the consultation and that does not exceed 46 days after the date of
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Schedule 1 Amendments lodgment of the development application is not to be taken into consideration for the purpose of calculating:
(d)
the period prescribed by clause 70B for the purposes of section 82 of the Act, or
(e)
the period prescribed by clause 53B, but only if that period has commenced to run.
(2)
If both clause 53 and this clause apply, the period of time that is not to be taken into consideration for the purpose
of calculating the period prescribed by clause 70B for the purposes of section 82 of the Act or the period prescribed by clause 53B is the longer of the periods of time determined under clause 53 and this clause.
53A Forwarding of submissions to approval bodies
The consent authority must, immediately after the expiration of the submission period, forward to each relevant approval body a copy of all submissions received in response to the public exhibition or public notification under section 79 or 79A of the Act of a development application.
53B Notification of general terms of approval
(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 (including whether or not it will grant an approval) in relation to the development application within 40 days after receipt of the copy of the application, except as provided by this clause.
(2)
If the integrated development has been publicly notified under section 79 or 79A of the Act, the approval body must give written notice to the consent authority of its decision concerning the general terms of approval (including whether or not it will grant an approval) in relation to the development application within 21 days after:
( a )
receipt by the approval body of copies of submissions made during the submission period, or
(b)
receipt of advice from the consent authority that no submissions were received.
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(3)
If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period determined under subclause (1) or (2):
(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.
Division 4 Designated development 53C What is designated development?
(1) Development described in Schedule 3 is declared to be
designated development for the purposes of the Act.(2)
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.
( 3 )
References in subclause (2) to Schedule 3 include references to Schedule 3 to the Environmental Planning
and Assessment Regulation 1980. Division 5 Environmental impact statements 54 What is the form for an environmental impact
statement?
The form for an environmental impact statement that, under section 78A (8) of the Act, is to accompany a development application is Form 2.
54A What must an environmental impact statement contain?
(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
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Schedule 1 Amendments
(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. For the purposes of this clause, the Director may establish guidelines for the preparation of environmental impact statements, in relation to development generally or in relation to any specific kind of development.
The Director may vary or revoke any guidelines in force under this clause.
accordance with this clause before the date on which any An environmental impact statement prepared in 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.
55 Requirements of Director and approval bodies
concerning preparationof environmental impact
statements
(1)
The applicant responsible for preparing an environmental impact statement must consult with the Director and, in completing the statement, must have regard to the Director's requirements:
(a) as to the form and content of the statement, and (b)
as to making the statement available for public comment.
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Amendments Schedule 1 For the purposes of the consultation, the applicant must give the Director 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.In the case of proposed development that is integrated development the Director must request, in writing. each relevant approval body to provide the Director 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 (including whether or not it will grant an approval) in relation to the development.
If an approval body does not provide the Director, in writing, with its requirements within 14 days after receipt of the Director’s request under subclause (3):
( a ) the Director 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 (including whether or not it will grant an approval) in relation to the development, and (ii) in completing the statement. must have regard to the approval body’s requirements.
Written notice of the Director‘s requirements must be given to the applicant within 28 days after the applicant’s consultation with the Director is completed or within such further time as is agreed between the Director and the applicant.
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Schedule 1 Amendments Written notice of the Director’s requirements must also be given:
(a)
to the relevant consent authority (unless the Minister or the Director is the consent authority), and
(b)
to the relevant approval body in the case of proposed development that is integrated development and for which the approval body has provided the Director with its requirements following the Director’s request under subclause (3),
at the same time as it is given to the applicant.
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 in relation to the preparation of the statement.
The Director 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. 55A Consent authority may require additional copies of
environmental impact StatementThe consent authority may require an applicant for development consent for designated development to give i t as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.
56 Consent authority may sell copies of environmental impact statement to the public
(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.
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(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. 56A Documents adopted or referred to by environmental impact statement
(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 6 Public participation—designated development 57 Notice of application for designated development to
public authorities (other than concurrence authorities
and approval bodies)
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.
58 What information must a written notice of designated
development contain?
(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.
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authority,
a description of the proposed development,
a statement that the proposed development is
designated development,
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 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,
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, the dates of the period specified under paragraph
(e) ,
if the proposed development is also integrated
development:(i) a statement that the development is integrated development, and
(ii) the approvals that are required and the relevant approval bodies for those approvals.
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(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
under section 98 of the Act,
a statement that if a Commission of Inquiry is held the determination is final and not subject to appeal under section 98 of the Act.
(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. 59 How is the notice under sec 79 (1) (c) of the Act exhibited on land for designated development?
( 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,
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(f)
must, if practicable, be capable of being read from a public road, public place or public reserve.
60 How is the notice under sec 79 (1) (d) published for
designated development?
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.
61 Consent authority to notify applicant where submission
period exceeds 30 days
If the submission period for a development application for designated development is more than 30 days, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of clause 70B for the purposes of section 82 of the Act.
62 Forwarding of submissions to Director
For the purposes of section 80 (9) (b) of the Act, the consent authority must, immediately after the submission period. forward to the Director (if the Minister or the
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Note. This requirement will not apply if the Director has waived the requirement under section 80 (10) (b) of the Act.
Division 7 Public participation—advertised development 63 What are the types of advertised development?
( 1) For the purposes of the definition of advertised development in section 4 (1) of the Act, the following types of development are identified as advertised development:
(a) development that is State significant development referred to in section 76A (7) (b) or (d) of the Act and that is not designated development, which is referred to in this Division as State significant advertised development, (b) integrated development that is neither designated development nor State significant advertised development but requires: ( i ) an approval (within the meaning of section 90A of the Act) under section 58 of the
Heritage Act 1977, or
( i i ) an approval (within the meaning of section 90A of the Act) under the Water Act 1912 specified in section 91 ( 1 ) of the Act, or
( i i i ) an approval (within the meaning of section 90A of the Act) under the Pollution Control Act 1970 specified in section 91 ( 1 ) of the Act.
which is referred to in this Division as nominated
integrated development.
Note. Development may also be identified as advertised
development by an environmental planning instrument or a
development control plan.
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(2)
Development, other than development described in subclause ( l ) , that is identified as advertised development by an environmental planning instrument or a development control plan is referred to in this Division as other advertised development.
64 What are the requirements for advertising State
significant advertised development?
(1) Application of sec 79 of the Act relating to designated
developmentFor 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 i t applies to a development application for designated development.
(2) What must a written notice under sec 79 (1) (b) of the Act (as applied by subclause (1)) contain? For the purposes of section 79 (1 ) (b) of the Act (as applied by subclause (l)), 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
for a period specified in the notice during the
relevant authority's ordinary office hours,(ii) at the council's principal office,
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(i) any person during the period specified under paragraph (e) may make written submissions to the Director 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,
the dates of the period specified under paragraph
(e),
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 is final and not subject to appeal,
if the development is also integrated development:
( i ) a statement that the development is integrated development, and ( i i ) the approvals that are required and the relevant approval bodies for those approvals. 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.
How is the notice under sec 79 (1) (c) of the Act (as
applied by subclause (1)) to be exhibited on land? The notice for a development application for State significant advertised development under section 79 (1) (c) of the Act ( a s applied by subclause (1)):
( a ) must be exhibited on the land to which the development application relates, and 1998 No 267
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(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,
( i i i ) a brief description of the development application,
( i v ) 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 road, public place or public reserve.
( 5 ) How is the notice published under sec 79 (1) (d) of the Act (as applied by subclause (1)) published? The notice for a development application for State significant advertised development under section 79 (1)
(d) of the Act (as applied by subclause ( 1 ) ) :
( 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.
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integrated development and other advertised
development?
(1) Application of clause This clause applies to development that is:
(a) nominated integrated development, or (b) other advertised development. (2) How must a development application be publicly
notified?
As soon as practicable after a development application for development to which this clause applies is lodged with the consent authority, the consent authority must:
(a)
give written notice of the application (which is referred to in this clause as the written notice), and
(b)
cause notice of the application to be published in a local newspaper (which is referred to in this clause as the published notice).
( 3 ) Who must written notice be given to? Written notice of the development application must be given:
(a)
to such persons as appear to the consent authority to own or occupy the land adjoining the land to which the application relates, and
(b)
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 the application.
( 4 ) For the purposes of subclause (3):
(a ) if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a
written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
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Schemes (Leasehold Development) Act 1986, a
written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
person, a written notice to one owner or one if land is owned or occupied by more than one occupier is taken to be a written notice to all the owners and occupiers of that land.
(5) What information must be contained in a written notice
and a published notice?A written notice and a published notice of a development application must contain (as a minimum) the following information: a description of the land (including the address) on which the development is proposed to be carried out,
the name of the applicant and the name of the
consent authority,
a description of the proposed development,
a statement that the application and the documents accompanying that application may be inspected at the consent authority's principal office for a period specified in the notice during the consent authority's ordinary office hours.
a statement that any person during the period specified under paragraph (d) may make a written submission in relation to the development
application to the consent authority. the dates of the period specified under paragraph
(d).
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(a)
contain a statement that the development is integrated development, and
(b)
state the approvals that are required and the relevant approval bodies for those approvals.
What is the relevant submission period?
The period referred to in subclause (5) (d) must include the following period commencing on the day after the day on which the published notice is first published in a newspaper:
(a) for nominated integrated development, 30 days, (b) for other advertised development, 14 days.
dispensed with Circumstances in which notice requirements may be If:
(a) a development application is amended, or substituted, or withdrawn and later replaced before i t has been determined by the consent authority,
and
(b) the consent authority has complied with subclauses (2)—(7) in relation to the original application, and (c) the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application, the consent authority may decide to dispense with further compliance with those subclauses in relation to the amended, substituted or later application. In that event,
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The consent authority must give written notice to the applicant of its decision under subclause (8) at or before the time notice of the determination of the development application is given under section 81 of the Act.
Public notification of development application and accompanying information
The consent authority must ensure that a development application is publicly notified in accordance with the relevant requirements and that any accompanying information is available for inspection during the period referred to in subclause (5) (d) at the place or places specified in the public notice.
Inspection of development application and accompanying information
During the period referred to in subclause (5) (d), any person may inspect the development application and any accompanying information and make extracts from or copies of them.
Making of submissions During the period referred to in subclause (5) (d), any person may make written submissions to the consent authority with respect to the development application. A submission by way of objection must set out the grounds of the objection. Division 8 Determination 66 What additional matters must a consent authority take
into consideration in determining a development
application?For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be
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determining a development application:
(a) the Government Coastal Policy, in the case of development on land to which that Policy applies in the area of a council referred to in the following Table: Table
Ballina Manly* Bega Valley Nambucca Bellingen Newcastle* Byron Pittwater* Coffs Harbour Port Stephens Copmanhurst Randwick* Eurobodalla Richmond River Gosford* Shellharbour* Great Lakes Shoalhaven Greater Taree Sutherland Hastings Tweed Kempsey Ulmarra Kiama Warringah* Lake Macquarie* Waverley* Lismore Wollongong* Maclean Woollahra* Maitland Wyong* Note. The areas marked with asterisks are only affected by the seaward part of the Government Coastal Policy, being the area extending 3 nautical miles seaward from the open coast high water mark.
(b) in the case of a development application for the demolition of a building, the provisions of Australian Standard AS 2601-1991: The
demolition of structures, as in force at 1 Ju ly 1993.
66A Fire safety considerations
(1)
This clause applies to a development application for a change of building use for an existing building, being a development application that does not seek the rebuilding. alteration, enlargement or extension of the building.
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(2) In determining a development application to which this clause applies, a consent authority is to take into consideration:
(a) whether: ( i ) the structural strength and load-bearing capacity of the building, and
(ii) the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and
(iii) the measures to restrict the spread of fire from the building to other buildings nearby,
will be appropriate to the building's proposed new
use, and
(b) whether the building:
( i ) already complies, or
( i i ) will, when completed, comply, with such of the Category 1 fire safety provisions as are applicable to the building's proposed new use.
(3 )
Subclause (2) (b) does not apply to the extent to which an exemption is in force under clause 80H or 80I, subject to the terms of any condition or requirement referred to in clause 80H (6) or 80I (4).
(4) The matters prescribed by this clause are prescribed for
the purposes of section 79C (1) (a) (iv) of the Act.( 5 ) In this clause, Category 1 fire safety provision has the
same meaning as i t has in Part 7B.66B Consent authority may require buildings to be upgraded
(1)
This clause applies to a development application for development comprising the rebuilding, alteration, enlargement or extension of an existing building where:
(a )
the proposed building work. together with any other building work completed or authorised
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(b)
the measures contained in the building are inadequate:
(i)
to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or
( i i ) to restrict the spread of fire from the building to other buildings nearby.
(2)
In determining a development application to which this clause applies, a consent authority is to take into consideration whether i t would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.
(3) The matters prescribed by this clause are prescribed for
the purposes of section 79C (1) (a) (iv) of the Act.
67 Deferred commencement consent
A “deferred commencement” consent must be clearly identified as a “deferred commencement” consent (whether by the use of that expression or by reference to section 80 (3) of the Act or otherwise).
A ”deferred commencement” consent must clearly distinguish conditions concerning matters as to which the consent authority must be satisfied before the consent can operate from any other conditions.
sufficient enough to enable it to be satisfied as to those applicant must produce evidence to the consent authority A consent authority may specify the period in which the matters. 1998 No 267
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Schedule 1 Amendments The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period.
If the applicant produces evidence in accordance with this clause, the consent authority must notify the applicant whether or not it is satisfied as to the relevant matters. If the consent authority has not notified the applicant within the period of 28 days after the applicant's evidence is produced to it, the consent authority is, for the purposes only of section 97 of the Act, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.
67A Imposition of conditions—ancillary aspects of
development
(1)
If a consent authority grants development consent subject to a condition authorised by section 80A (2) of the Act with respect to an ancillary aspect of the development, the consent authority may specify the period within which the ancillary aspect must be carried out to the satisfaction of the consent authority, or a person specified by the consent authority, as referred to in that subsection.
( 2 )
The applicant may produce evidence to the consent authority. or to the person specified by the consent authority for the purpose, sufficient to enable it, or the person so specified, to be satisfied in respect of the ancillary aspect of the development.
( 3 )
For the purposes of section 80A (3) of the Act, the relevant period is the period of 28 days after the applicant's evidence is produced to the consent authority o r a person specified by the consent authority.
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existing use right
(1) A modification or surrender of a development consent or
existing use right must be in Form 3.(2)
A duly signed and delivered notice of modification or surrender of a development consent or existing use right:
(a)
takes effect when it is received by the consent authority, and
(b)
operates, according to its terms, to modify, or surrender the development consent or existing use right to which it relates.
Division 9 Post-determination notifications 68A Notice of determination—what is the form of the notice?
For the purposes of section 81 (1) (a) of the Act, notice of the determination of a development application (referred to as applicant’s notice) must be given to the applicant in Form 4.
The notice must clearly identify the relevant development application by reference to its registered number.
The date on which the application was determined and the date from which the development consent operates
(if development consent is granted) must be endorsed on
the notice.
applicant satisfies the consent authority, or a person In the case of a development consent granted subject to a condition that the consent is not to operate until the 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, and (b) if the applicant satisfies the consent authority. or person. a s t o the matter, the consent authority must give notice to the applicant of the date from which the consent operates. 1998 No 267
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(a)
indicate the reasons for the imposition of the conditions or the refusal, and
(b)
inform the applicant of the provisions of the Act conferring a right of appeal against the determination.
required under section 79B (3) of the Act, a copy of a If the determination is one for which concurrence was notice of determination referred to in subclause (5):
(a) must be given to the Director-General of National Parks and Wildlife, and (b) must be available for public inspection, during ordinary office hours, at the head office of the National Parks and Wildlife Service.
69 How soon must a notice of determination be sent to the
applicant?
(1) A notice under section 81 (1) (a) of the Act to an applicant must be sent to the applicant within 14 days after the date of the determination of the applicant's development application. (2 ) Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.
69A What additional particulars must be included in a notice of determination to the applicant with respect to sec 94 conditions?
A notice under section 81 (1) (a) of the Act to an applicant concerning a development consent the subject of a section 93 condition must include the following particulars in addition to any other particulars it is required to contain:
(a)
the specific public amenity or service in respect of which the condition is imposed,
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(b)
the contributions plan under which the condition is imposed,
(c)
the address of the places where a copy of the contributions plan may be inspected.
69B Notification of consent authority’s determination to
objectors and persons who make submissions for the
purposes of sec 81 (1) (b) of the Act
(1) A notice under section 81 (1) (b) of the Act must be in
Form 5.(2) The notice must be given on the same day as the notice under section 81 ( 1 ) (a) of the Act is given to the applicant. 69C Notification of consent authority’s determination to other
persons—development notified or advertised in
accordance with a development control plan for the
purposes of sec 81 (1) (c) of the Act
(1) A consent authority must send a notice under section 81 (1) (c) of the Act to a person who made a submission in relation to a development application that was notified or advertised as referred to in section 79A (1) of the Act. (2) The form for such a notice is Form 6. (3) The notice must be given on the same day as the notice under section 81 (1) (a) of the Act is given to the applicant. 70 Notice under sec 81A of the Act of intention to commence subdivision work or erection of building
A notice given under or for the purposes of section 81A (2) (b) (ii) or (c), or (4) (b) (ii) or (c) of the Act is to be in Form 7.
70A Notice under sec 91A (6) or sec 92 (7) of the Act to
approval bodies of determination of development
application for integrated development
(1)
A notice under section 91A (6) or section 92 ( 7 ) of the Act to an approval body must be sent to the approval body within 14 days after the date of the determination of the relevant development application.
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( 2 )
Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.
( 1 ) For the purposes of section 82 ( 1 ) of the Act, a development application is taken to be refused if a consent authority has not determined the application:
(a) within 40 days, except as provided by paragraph (b), or (b) in the case of development that: ( i ) is designated development, or
( i i ) is integrated development, or
( i i i ) is development for which the concurrence of a concurrence authority is required,
within 60 days.
( 2 ) The 40-day and 60-day periods are measured from:
(a )
the date the development application is lodged with the consent authority, or
( b )
the date the Minister complies with section 119 (8) of the Act, if a Commission of Inquiry has been held under section 119 of the Act into local development that is not designated development, or part of any such development.
Note. Deemed refusal provisions do not apply to development under section 80 (7) of the Act (where a Commission of Inquiry is held into designated development) or to any State significant development for which a Commission of Inquiry is held.
( 3 )
In the case of designated development for which the submission period under section 79 (1) ( a ) of the Act exceeds 30 days, the 60-day period is to be increased by that part of the submission period that exceeds 30 days, despite subclause ( 1 ) .
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(4)
The periods do not include the time that elapses under the provisions of clause 48 (6), 50 (3), 53 (4) or 53AA (l), despite subclause ( 1 ) .
Division 11 Development consents—extension,
completion and modification71 What is the form for an application for extension of a
development consent?
An application under section 95A of the Act for the extension of time to commence development:
(a) must be in writing, and (b)
must identify the development consent to which it relates, and
(c)
must indicate why the consent authority should extend the time.
71A What are the requirements for an application for
modification of a development consent under sec 96 (1)
or (2) of the Act?An application for modification of a development consent under section 96 (1) or (2) of the Act:
(a) is to be in Form 8, and (b) is to be accompanied by the fee prescribed by clause 105.
72 Applications for modification of development consents
granted by the Land and Environment Court or the
Minister
(1)
If the development consent referred to in section 96 (1) or (2) of the Act is a development consent referred to in section 83 (4) of the Act. the Court is taken for the purposes of section 96 (1) or (2) of the Act to be the consent authority.
(2)
In the case of a development consent referred to in section 83 (4) of the Act that is the result of an appeal, a copy of the application for modification of the
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(3)
In the case of a development consent referred to in section 80 (7) of the Act, a copy of the application for modification of the development consent is to be lodged by the applicant with the council.
72A Public participation—application under sec 96 (2) of the
Act for modification of development consents
(1) This clause applies to an application under section 96 (2) of the Act to modify a development consent if the original development application for the consent was notified or advertised under section 79 or 79A of the Act. (2) Notice of the application must be published in a local
newspaper by:
(a)
the consent authority that granted the development consent, or
(b)
the consent authority to which the original development application was made, if development consent was granted by the Court on appeal.
(3)
A consent authority referred to in subclause (2) (b) must notify the Court of the date on which notice of the appliation is published under subclause (2).
(4) The notice published under subclause (2) must contain
the following information:
( a )
a brief description of the development consent, the land to which it relates and the details of the modification sought,
(b)
a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),
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(c) the period during which the application may be inspected at the principal office of the consent authority that publishes the notice, (d) a statement that, if the application is approved, there is no right of appeal under section 98 of the Act by an objector. For the purposes of section 96 (2) (d) of the Act, the period referred to in subclause (4) (c) must be not less than the period of 14 days commencing on the day after which notice of the application for modification is first published in a local newspaper.
During the period referred to in subclause (4) (c), any person may inspect the application and any accompanying information and make extracts from or
copies of them.73 Applications for modifications of development consents to be kept available for public inspection
An application for the modification of a development consent must be made available at the principal office of the consent authority that published the notice of the application under clause 72A (2) for inspection, free of charge, during the consent authority's ordinary office hours for the period specified in the notice in accordance with clause 72A (4) (c).
73A Notice of determination of application to modify
development consent
(1)
Notice in writing of the determination of an application for the modification of a development consent must be given to the applicant as soon as practicable after the determination is made.
( 2 ) If the determination is made subject to conditions or by
refusing the application, the notice:
( a )
must indicate the consent authority's reasons for the imposition of the conditions or the refusal, and
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(b)
must state that the Act gives a right of appeal against the determination, unless:
(i)
the development is State significant development, or
(ii)
the development consent was granted by the court.
73B Persons to be informed of proposed revocation or
modification of consent under sec 96A (3) of the Act
(1) For the purposes of section 96A (3) (a) (ii) of the Act. the Director-General of the Department of Fair Trading is a prescribed person if the proposed revocation or modification affects:
(a) the transfer, alteration, repair or extension of water service pipes, or (b) the carrying out of sanitary plumbing work, sanitary drainage work or stormwater drainage work. (2) The notification of the proposed revocation or modification of a consent or a complying development certificate must include the reasons for the proposed revocation or modification.
Division 12 Validity of development consents 74 What are the public notification procedures for the
purposes of sec 101 of the Act?
(1) The granting of a development consent is publicly
notified for the purposes of section 101 of the Act:
( a ) if public notice in a local newspaper is given by: (i) the consent authority. or
(ii) if the consent authority is not the council, by the consent authority or the council, and
(b)
if the notice describes the land and the development the subject of the development consent. and
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1
(c)
if the notice contains a statement that the development consent is available for public inspection, free of charge, during ordinary office hours at:
(i) the consent authority’s principal office, or (ii)
if the consent authority is not the council, at the consent authority’s office or the council’s principal office.
(2)
Nothing in this clause confers a right or entitlement to inspect, make copies of or take extracts from so much of a document that, because of section 12 (1A) of the Local Government Act 1993, a person does not have the right to inspect.
Part 6A Procedures relating to complying
development certificatesDivision 1 Applications for complying development
certificates75 Application of Part
This Part applies to complying development.
75A How must an application for a complying development
Q
note 2 details the information that may be submitted with an
application for a construction certificate for proposed residentialbuilding work.
schedule
(for building work only: Q the attached schedule is required to be completed for the purposes
of providing information to the Australian Bureau of Statisticsdate of receipt date received (be completed
by certifying authority)
Determination
determination
approved/refused*
*delete whichever is not applicable
attachments
detail reasons for refusal • schedule of essential fire safety measures • conditions required to be attached by the Regulations 1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments plans and specifications
approved/refused
list plan no(s) and specifications
reference
right of appeal
under s 109K where the certifying authority is a council an applicant may appeal to the Land and Environment Court against the refusal to issue a construction certificate within 12 months from the date of the decision
Certificate
certificate
I certify that the work i f completed in accordance with these plans and
specifications will comply with the requirements of s 81A (5) of theEnvironmental Planning and Assessment Act 1979.
signature
date of endorsementcertificate no
*prior to commencement of work ss 81A ( 2 ) (b) and (c) , and/or 81A
( 4 ) (b ) and ( c ) of the Environmental Planning and Assessment Act1979 must be satisfied (see form 7).
certifying authority
name of certifying authority
i f accredited certifieraccreditation no
contact noaddress
development consent
number and date of
determination*For the purposes of notifying a council under clause 79D (2) of the Regulation of the determination of an application an accredited certifier must forward all sections of this form, including all attachments to
relevant council where they have not been previously forwarded to the council.
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 Notes for completing Construction Certificate Application
Note 1 The following information must accompany applications for a construction certificate for
building and subdivision work.Building Work In the case of an application for a construction certificate for building work:
a) copies of compliance certificates relied upon b) four (4) copies of detailed plans and specifications The plan for the building must be drawn to a suitable scale and consist of a general plan and a block plan. The general plan of the building is to:
a show a plan of each floor section a show a plan of each elevation of the building a show the levels of the lowest floor and of any yard or unbuilt on area
belonging to that floor and the levels of the adjacent grounda indicate the height, design. construction and provision for fire safety and fire
resistance ( i f any)Where the proposed building work involves any alteration or addition to, or rebuilding of. an existing building the general plan is to be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the proposed alteration, addition or rebuilding.
Where the proposed building work involves a modification to previously approved plans and specifications the general plans must be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the modification.
The specification is:
to describe the construction and materials of which the building is to be built
and the method of drainage, sewerage and water supply
state whether the materials proposed to be used are new or second hand and
give particulars of any second hand and give particulars of any second-hand
materials usedc )
where the application involves an alternative solution to meet the performance requirements of the BCA, the application must also be accompanied by:
• details of the performance requirements that the alternative solution is intended
to meet. anddetails of the assessment methods used to establish compliance w i t h those
performance requirementsd) evidence of any accredited component. process or design sought to be relied upon e )
except in the case of an application for. or in respect of, a class la or class 10 building:
a list of any fire safety measures that are proposed to be implemented in the
building or on the land on which the building is situated, andif the application relates to a proposal to carry out any alteration or rebuilding
of. or addition to, an existing building, a separate list of such of those
measures as are current) implemented in the building or on the land on which
the building is situated1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments The list must describe the extent, capability and basis of design of each of the measures concerned.
Subdivision Work
In the case of an application for a construction certificate for subdivision work:
a) copies of compliance certificates relied upon b) four (4) copies of detailed engineering plans. The detailed plans may include but are not limited to the following:
e earthworks e roadworks e road pavement road furnishings stormwater drainage a water supply works e sewerage works
landscaping workserosion control works Where the proposed subdivision work involves a modification to previously approved plans the plans must be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the modification.
Note 2 Home Building Act Requirements In the case of an application for a construction certificate for residential building work (within the meaning of the Home Building Act 1989) attach the following:
( a ) in the case of work by a licensee under that Act: (i) a statement detailing the licensee's name and contractor licence number. and
(ii) documentary evidence that the licensee has complied with the applicable requirements of that Act*, or
(b) in the case of work done by any other person:
(i) a statement detailing the person's name and owner-builder permit number. or (ii) a declaration signed by the owner of the land, to the effect that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act. *A certificate purorting to be issued by an approved insurer under Part 6 of the Home the purposes of that Part , is sufficient evidence that the person has complied with the requirements of that Part.
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 Schedule to Construction Certificate Application
particulars of the
proposal
What is the area of the land (m²) ...................................................
Gross floor area of existing building (m²) ........................................What are the current uses of all or parts of the building(s)/land?
(If vacant state vacant) ...................................................................
Location Use Does the site contain a dual occupancy? ..........................................
What is the gross floor area of the proposed addition or new building
(m²) .............................................................................................What are the proposed uses of a l l parts of the building(s)/land?
Location Use Number of pre-existing dwellings ....................................................
Number of dwellings to be demolished ............................................
How may dwellings are proposed? ..................................................How may storeys will the building consist of?
materials to be used
Place a tick ( ) in the box which best describes the materials the new work will be constructed of:
walls code roof code bick veneer 12 aluminium 70 full brick II concrete 20 single brick 11 concrete tile 10 concrete block 11 fibrous cement 30 concrete/masonry 20 fiberglass 80 concrete 30 massonry/terracotta shingle steel 60 tiles 10 fibrous cement 30 slate 20 hardiplank 30 steel 60 timber/weatherboard 40 terracotta tile 10 cladding-aluminium 70 other 80 curtain glass 50 unknown 90 other 80 unknown 90 floor frame concrete 20 timber 40 timber 10 steel 60 other 80 other 80 unknown 90 unknown 90 1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments Form 12 Occupation Certificate issued under the Environmental Planning and Assessment Act 1979
Sections 109C (1) (c) and 109HApplication type of certificate sought tick appropriate boxes
interim certificate final certificate change of building use of an existing building occupation/use of a new building applicant name
address
contact no (telephone/fax)owner of building ( i f not applicant) development consent no
or complying
development certificate no
date of determinationsee note 1
construction certificate
construction certificate no anddate of issue
subject land
address
lot. DP/MPS etc
building details
whole/part of building
use
the building classification must
be the same as that specified BCA class in the development consent or complying development
new existing certificate
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 attachments copy of development consent or complying development certificate
construction Certificate (where relevant)
final fire safety certificate or interim fire safety certificate (where
relevant see note 2)other certificates relied on
date of receipt
date received (to be completed
by certifying authority
Determination
determination
type of certificate interim certificate/final certificate*
* delete whichever is not applicableapproved/refused approved/refused*
* delete whichever is not applicabledate of determination attachments reason(s) for refusal
final fire safety certificate or interim fire safety certificate
right of appeal
under s 109K where the certifying authority is a council an applicant may appeal to the Land and Environment Court against the refusal to issue an occupation certificate within 12 months from the date of the decision
Certificate
certificate final
* I ....................................................................... certify that: The ........................................................ Council certifies that: *I have beed/it has been appointed as the principal certifying
authority under s 109E
a development consent/complying development certificate is in
force with respect to the building
a construction certificate has been issued with respect to the plansand specifications for the building
the building is suitable for occuption or use in accordance with
its classification under the Building Code of Australia1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments
where required, a final fire safety certificate has been issued for
the building (see note 2)
where required, a report from the Commissioner of Fire Brigades
has been considered
certificate no
* delete whichever is not applicable
interim certificate
* I ....................................................................... certify that:
* The ........................................................ Council certifies that: e * I have beed/it has been appointed as the principal certifying
authority under s 109EI have/it has taken into consideration the health and safety of the occupants of the building a development consent or complying development certificate is in
force with respect to the buildinga construction certificate has been issued with' respect to the plans
and specifications for the buildingthe building is suitable for occupation or use in accordance with
its classification under the Building Code of Australiawhere required, a final fire safety certificate has been issued for the building or an interim fire safety certificate has been issued for the relevant part of the building (see note 2)
where required. a report from the Commissioner of Fire Brigades
has been considered
certificate no
delete whichever is not applicable
principal certifying
authority
name of principal certifying
authority
where accredited certifier
accreditation no
contact no
addressdate
Note 1
Before an occupation certificate may be issued. the certifying authority must be satisfied that: a development consent or a complying development certificate is in force with respect to the building and
a construction certificate has been issued with respect to the plans and specifications for
the building
Note 2 A final fire safety certificate or interim fire safety certificate is not required for a class la or
class 10 building.Note 3 For the purposes of notifying a council under clause 79L (2) (1) of the Regulation of the
detemination of an application an accredited certifier must forward all sections of this form.
including all attachments to the relevant council where they have not been previously
forwarded t o the council.
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 Form 13 Subdivision Certificate issued under the Environmental Planning and Assessment Act 1979
Section 109C (1) (d)Application applicant name
address
contact no (telephone/fax)
signatureowner name
address
contact no (telephone/fax)consent of all owner(s) I/we consent to this application signature subject land lot. DP/MPS. etc vol/fol
area of site (m²)description of
developmentdescription of subdivision
approved
(boundary adjustment, no of lots)development consent development consent no/
complying development
certificate no
date of determinationconstruction certificate certificate no date of issue
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments required attachments
The matters detailed in note 1 need to accompany the application for a subdivision certificate.
date of receipt
date received (to be completedby certifying authority)
Determination
determination
* approved/refused
*delete whichever is not applicable
date of determination (this date
is to be the same as the date
of endorsement on the
certificate)of a subdivision the subject of a development consent for designated development until:
Note :
( a )
at least 28 days have elapsed since the objector was notified, or
(b)
an appeal (if any) made by an objector has been finally determined
right of appeal
Under s 109K of the Environmental Planning and Assessment Act 1979, where the principal certifying authority is a council an applicant may appeal to the Land and Environment Court against the refusal to issue a subdivision certificate within 12 months from the date of the decision
attachments reasons for refusal detail reasons for refusal plans approved/refused
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 principal certifying
authorityname of principal certifying
authority
where accredited certifier
accreditation no
contact no
addressenvironmental planning instrument under which the certificate was issued
specify instrument and relevant
clauses if the principal certifying
authority is not the councildevelopment consent number and date of
determination
Certificate
certificate
I certify that the provisions of s 109J of the Environmental Planning
and Assessment Act 1979 have been satisfied in relation to the
proposed
....................................................................... set out herein * (Insert ‘subdivision’ or ‘new road')
* Authorised Person/General Manager/Accredited Certifier
consent authority
dare of endorsement
accreditation no
subdivision certificate nofile no
Note:
When the plan is to be lodged electronically in the Land Titles Office.
I should include a signature in an electronic or digital format approved
by the Registar-General.* Delete whichever is inapplicable
Certificate
(Manufactured Home Estates or Caravan Parks)
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments 1 certify that the provisions of s 109J of the Environmental Planning
and Assessment Act 1979 have been satisfied in relation to:
the proposed .............................................. set out herein; and * (insert ‘subdivision’ or ‘new road’)
• the subdivision is for lease purposes in accordance with s 23H of
the Conveyancing Act 1919*
signature
* Authorised Person/General Manager/Accredited Certifier
consent authority
date of endorsement
accreditation no
subdivision certificate no
file noWhen the plan is to be lodged electronically in the Land Titles Office. it should include a signature in an electronic or digital format approved by the Registrar-General.
* Delete whichever is Inapplicable
For the purposes of notifying a council under clause 79U (2) of the Regulation of the determination of an application an accredited certifier must forward all sections of this form, including all attachments to the relevant council where they have nor baen previously forwarded to the council.
Notes for completing a Subdivision Certificate Application
Note 1 The following Information must accompany an application:
anginal plan of subdivision prepared by a registered surveyor and 5 copies of the original
plan
relevant development consent or complying development certificatedetailed subdivision engineering plans endorsed with a construction certificate (where applicable) for a deferred commencement consent evidence that the applicant has satisfied the consent
authority on all matters which it must be satisfied of before the consent can operateevidence that the applicant has complied with all conditions of consent, that it is required
to comply with before a subdivision certificate can be issued (where applicable)a certificate of compliance from the relevant water supply authority (where applicable) if a subdivision is the subject of an order of the Land and Environment Court under
section 40 of the Land and Environment Court Act 1979 evidence that required drainage
easements have been acquired by the relevant councilfor subdivision involving subdivision works evidence that: the work has b e e n completed or
agreement reached with the relevant consent authority regarding payment of the
cost of work or as to the time for carrying out the work. orsecurity given to the consent authority with respect to the completion of the work
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 Form 14 Submission of
environmental impact statement (EIS)prepared under the Environmental Planning and Assessment Act 1979
Section 112EIS prepared by name
qualificationsaddress in respect of Part 5 activity proponent name
proponent addressland on which activity is to
be carried out. addresslot no. DP/MPS. vol/fol etc
proposed developmentenvironmental impact statement an environmental impact statement (EIS) is attached certificate that I have prepared the contents of this Statement and to
of my knowledge
it is in accordance with clauses 84 and 85 of theEnvironmental Planning and Assessment Regulation 1994, and
it is true in all material particulars and does not. by its
presentation or omission of information. materially mislead.
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments Form 15 Regulation
1994 Clauses 80E and 80F
Certificate
type of certificate
see note 1 [ ] interim final certificate name owner/agent I address of certify that: ( a ) each of the essential fire measures listed below:
see note 2 assessment has been assessed by a person (chosen by me) who was requirements. properly qualified to do so, and
was found. when it was assessed, to have been properly
implemented and to be capable of performing to a standard
not less than that required by the most recent fire safety
see note 3 relevant fire safety schedule (copy attached) for the building for which the schedule certificate is issued. (b) the Information contained in this certificate is. to the best of my
knowledge and belief. true and accurate.
identification of building
location street
side of street
nearest cross street
house/unit no or nameparticulars of building whole/part
description of part (where applicable)date of assessment owner's details name
address
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 essential fire safety
measuressee note 3 standard of performance
date of certificate dated this day of 19 signature owner/agent
* A copy of this certificate together with the relevant fire safety schedule must be forwarded to the
council and the Commissioner of' the New South Wales Fire Brigades.
A copy of this certificate together with the relvant fire safety schedule must be prominently displayed in the building
Notes for completing Finel/Interim Fire Safety Certificate
Note 1 A n interim fire safety certificate or a final fire safety certificate i s required before:
an interim occupation certifcate can be Issued to allow a partially completed new building
including an altered portion of. or an extension to. a new building) to be occupied or
used. or
an interim occupation certificate can be Issued to allow a change of building use for part
of an existing buildingA final fire safety certificate is required: before a final occuption certificate can be issued to allow a new building (including an
altered portion of. or extension to. a new building to be occupied or used. or
before a final occupation certificate can be Issued to allow a change of building use for
an existing building or
in accordance eith a fire safety order given a council. An interim fire safety certificate is Issued for part of the building and may deal only with
those essential fire safety measures appearing on the most recent fire safety schedule (see
note 3 1 relevant to the part of the building tor which an interim occupation certificate will be
sought1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments A final fire safety certificate must deal with all essential fire safety measures appearing on
the most recent fire safety schedule (see note 3), subject to the following.
An interim fire safety certificate or a final fire safety certificate need not deal with those
essential fire safety measures which have been the subject of some other final fire safety
certificate or annual fire safety statement within the previous 6 months, unless the person or
authority responsible for determining the relevant development consent, complying
development certificate, construction certificate or fire safety order, has specified otherwise in
the schedule.See also note 3.
Note 2 The person who carries out the assessment:
must inspect and verify the performance of each fire safety measure being assessed, and in the case of a (interim or final) fire safety certificate for a new building (not an alteration to. or enlargement or extension of an existing building) must test the operation
of each item of fire safety equipment installed in the building.
Note 3 The relevant essential fire safety measures are those specified in the most recent fire safety
schedule. attached to one of the following:development consent for a change of building use.
complying development certificate for the erection of a building or a change of buildinguse.
construction certificate for proposed building work. including building work associated
with a change of building use. or
a fire safety order.The fire safety schedule will also identify the required standard of performance for each essential fire safety measure.
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 Form 16 Building certificate issued under the Environmental Planning and Assessment Act 1979 Section 149D certificate
The ..................................... Council certifies that, in relation to the building or part of the building identified below, the Council:
(a) by virtue of anything existing or occurring before the date of the inspection stated in this certificate; must not
(b) make an order under the Environmental Planning and Assessment Act 1979 or any other Act requiring the building to be repaired, demolished, altered, added to or rebuilt, by reason only of its design. appearance, form of construction or state of repair, ( c ) under the Environmental Planning and Assessment Act 1979 or
take proceedings for the making of an order or injunction demolished altered, added to or rebuilt, by reason only of its design. appearance, form of construction or state of repair,
( d )
take proceedings i n relation to any encroachment by the building or part onto land vested in or under the control of council *
See notes below.
This certificate remains in force for 7 years from the date of this certificate
identification of building
location street: ........................................................................................... side of Street: ................................................................................
nearest cross street. ........................................................................house/unit no or name: ..................................................................
particulars of building
classification of building: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whole/part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . description of pan (where applicable): .............................................
owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments date of inspection of
building or part
subject land
lot or portion no
section
DP/SP or estate
lease no and type of holding
( i f Crown land) district, town or village
county/parish
schedule
the following written information was used by Council in deciding to
issue this certificate
date of certificate
dated this day of 19
signature
General Manager
applicant
name
address
o f f i c e u s e f e e r e c e i p t n o
~ ~~
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Amendments Schedule 1 notes * The issue of a building certificate does not operate to prevent the
Council or any other person:
(a) from making an order (or taking proceedings for the making of an order or injunction) requiring the building to be repaired, demolished, altered, added to or rebuilt, where the order is made only in relation to matters arising otherwise than by virtue of the deterioration of the building as a result of fair wear and tear, or (b) from making an order No 6 in the Table to section 121 B of the Environmental Planning and Assessment Act 1979, or (c) from taking proceedings against any person under section 125 of the Environmental Planning and Assessment Act 1979 with respect to that person’s failure:
( i ) to obtain a development consent. or ( i i ) with respect to the erection of a building, to comply with the conditions of such a development consent.
[11 ] Dictionary
Omit the definitions of advertised development, section 92 notice and section 95 notice.
[12] Dictionary
Insert in alphabetical order:
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.
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
1998 No 267
Environmental Planning and Assessment Amendment Regulation 1998
Schedule 1 Amendments
(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. 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.
deemed-to-satisfy provisions has the same meaning as in
the Building Code of Australia.
exit has the same meaning as in the Building Code of
Australia.
fire compartment has the same meaning as in the
Building Code of Australia.
fire-resistance level has the same meaning as in the
Building Code of Australia.
performance requirement has the same meaning as in
the Building Code of Australia.
required, when used as an adjective, has the same
meaning as in the Building Code of Australia.
[13] Dictionary, definition of “contributions plan”
Omit “section 94AB”. Insert instead “section 94B”.
[14] Dictionary, definition of “existing use right”
Omit “Division 2“. Insert instead “Division 10”.
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0
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