Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 1994 (1994-415) [GG No 108 of 26.8.1994] (NSW)
1995—No. 415
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT
1979—REGULATION
(Environmental Planning and Assessment Regulation 1994)
NEW SOUTH WALES
[Published in Gazette No. 108 of 26 August 1994] HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Environmental Planning and Assessment Act 1979, has been pleased to make the Regulation set forth hereunder.
ROBERT WEBSTER MLC
Minister for Planning.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Environmental Planning and
Assessment Regulation 1994.
Commencement
2. This Regulation commences on 1 September 1994.
Definitions
3. (1) In this Regulation, expressions that are defined in the dictionary at the end of this Regulation have the meanings given to them by the dictionary.
(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 5.
Notes 4. Notes in this Regulation do not form part of this Regulation.
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When is public notice given?
5. Public notice in a local newspaper is given for the purposes of this Regulation when the notice is first published in a local newspaper, even if the notice:
(a)
is required to be published in a local newspaper more than once; or
(b)
is required to be published in a local newspaper and some other newspaper.
PART 2—LOCAL ENVIRONMENTAL PLANS
Division 1—Consultation with the Department
How and when must information be given to the Secretary?
6. (1) The information required by section 54 (4) of the Act to be given to the Secretary of a decision to prepare a draft local environmental plan:
(a) must be in writing; and
(b)
must be given within 28 days after the decision to prepare the draft plan is made; and
(c) must include the particulars listed in subclause (2).
(2) The particulars to be included are as follows:
(a) the date of the council’s decision;(b) the reasons for the council’s decision;
(c)
a description of the land to which the draft plan is intended to apply, which may (but need not) consist of a map of the land;
(d)
an indication of the range of matters to be dealt with by the draft plan;
(e) details of the current planning position of the subject land;
(f)
details of the known environment (including social and economic factors) of the subject land; and
(g)
the council’s opinion as to whether an environmental study is necessary before the draft plan is prepared, together with the council’s reasons for holding that opinion, giving details of any relevant existing environmental studies;
(h)
if the council is of the opinion that an environmental study is necessary, details of the matters that the council considers should be covered by the study.
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What documents may a council be required to give the Secretary? 7. Before the Director issues a certificate under section 65 of the Act,
the Director may require a council to give the Secretary:
(a)
2 copies of any relevant environmental study prepared by the council; and
(b) 2 additional copies of the draft local environmental plan.
Secretary may require additional copies of the draft local environmental plan
8. Before the Minister makes a local environmental plan under section 70 of the Act, the Secretary may require a council to give the Secretary as many additional copies of the draft plan as are reasonably required for the purposes of the Act.
Division 2—Consultation and concurrence with other authorities
What documents must be given to other public authorities?
9. (1) The council must give:
(a) a copy of any environmental study or a summary of the study; and
(b) a copy of the draft local environmental plan or a summary of the plan, to each public authority that the council considers likely to be affected by, or to have an interest in, any environmental study prepared for the purposes of the draft plan.
(2) The documents must be given, free of charge, as soon as practicable after the start of the public exhibition of the draft local environmental plan.
Public authorities must concur to proposed reservation of land
10. A local environmental plan or draft local environmental plan:
(a) may not contain a provision reserving land for a purpose referred to in section 26 (c) of the Act; and (b) may not contain a provision in respect of that reservation as required by section 27 of the Act, unless the public authority responsible for the acquisition of the land has notified the council of its concurrence to the provision being included.
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Division 3—Public participation
What public notice is required for an environmental study and draft local environmental plan?
11. The public notice required to be given by the council under section 66 (1) of the Act must be published no later than the start of the public exhibition of the draft local environmental plan.
For how long must an environmental study and draft local environmental plan be exhibited?
12. For the purposes of section 66 (2) of the Act, the environmental study and draft local environmental plan must be publicly exhibited for at least 28 days.
How is notice of a public hearing to be given?
13. (1) A council that decides that a public hearing is to be held under section 68 of the Act must give notice of that fact:
(a)
by letter, to each of the persons who requested a public hearing when making a submission about the draft local environmental plan; and
(b) in a local newspaper.
(2) The notice must contain details of the arrangements for the public
hearing and must be sent or published, as the case requires, at least 21
days before the start of the public hearing.
Division 4—General
Recovery of cost of environmental study
14. For the purposes of section 57 (5) of the Act, the recovery from a person of any costs or expenses incurred by a council in the preparation of an environmental study is subject to:
(a) the person agreeing to pay those costs and expenses; and
(b) the terms of the agreement.1994—No. 415
PART 3—DEVELOPMENT CONTROL PLANS
Division 1—Preparation of development control plans by councils
In what form must a development control plan be prepared?15. (1) A development control plan must be in the form of a written statement, and may include supporting maps, plans, diagrams, illustrations and other materials.
(2) A development control plan must describe the land to which it applies and must identify any local environmental plan or deemed environmental planning instrument applying to that land.
For what matters may a development control plan provide? 16. A development control plan may provide for any matter for which
a local environmental plan may provide.
Division 2—Public participation
Draft development control plan must be publicly exhibited
17. (1) Following the preparation of a draft development control plan, the council:
(a)
must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan;
(b)
must publicly exhibit at the places, on the dates and during the times set out in the notice:
(i) a copy of the draft plan; and
(ii) a copy of any relevant local environmental plan or deemed environmental planning instrument; and
(c) must specify in the notice the period (which must include the period during which the plan is being publicly exhibited) during which submissions about the draft plan may be made to the council. (2) A draft development control plan must be publicly exhibited for at least 28 days.
Copies of draft development control plans to be publicly available
18. Copies of the draft development control plan, and of any relevant local environmental plan or deemed environmental planning instrument, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
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Who may make submissions about a draft development control plan?
19. Any person may make written submissions to the council about the draft development control plan during the period specified in the relevant notice.
Division 3—Approval of development control plans
Approval of development control plan by council
20. (1) After considering any submissions about the draft development control plan that have been duly made, the council:
(a)
may approve the plan in the form in which it was publicly exhibited; or
(b)
may approve the plan with such alterations as the council thinks fit; or
(c) may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local
newspaper within 14 days after the decision is made.
(3) Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.
(4) A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper or on a later date specified in the notice.
(5) The council must give the Secretary a certified copy of any development control plan approved under this clause.
Division 4—Amendment and repeal of development control plans
How may a development control plan be amended or repealed?21. (1) A council may amend a development control plan by a subsequent development control plan.
(2) A council may repeal a development control plan:
(a) by a subsequent development control plan; or
(b)
by public notice in a local newspaper of its decision to repeal the plan.
Procedure for repealing a development control plan by public notice
22. (1) Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:
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(a) of its intention to repeal the development control plan; and
(b) of its reasons for doing so.(2) Publication of the notice of intention must take place at least 14
days before publication of the notice of repeal.
(3) The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.
Division 5—Development control plans made by the Director
Application of Part to development control plans made by the
Director23. (1) This Part applies to a development control plan prepared under section 51A of the Act, subject to the following modifications:
(a) a reference to a council is taken to be a reference to the Director;
(b) a reference to an office of a council is taken to be a reference to an office of the Department; (c) a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a regional environmental plan. (2) The Director is not required to give the Secretary a certified copy of the development control plan.
Division 6—Public access
Copies of development control plans to be publicly available 24. Copies of:
(a)
any development control plan in force in relation to the council’s area; and
(b)
are to be made available to interested persons, either free of charge or on
payment of reasonable copying charges.any document referred to in any such development control plan (such as a supporting map, plan, diagram, illustration or other material) that is held by the council, Note: This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 105.
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PART 4—CONTRIBUTIONS PLANS
Division 1—Preparation of contributions plans
In what form must a contributions plan be prepared?
25. A contributions plan must be in the form of a written statement, and may include supporting maps, plans, diagrams, illustrations and other materials.
What particulars must a contributions plan contain?
26. (1) A contributions plan must include particulars of the following:
(a) the purpose of the plan;
(b) the land to which the plan applies;
(c) the relationship between the expected types of development in the area and the demand for additional public amenities and services. to meet that development; (d) the formulas to be used for determining the section 94 contributions required for different categories of public amenities and services; (e) the contribution rates for different types of development, as specified in a schedule to the plan; (f) the council’s policy concerning the timing of the payment of monetary section 94 contributions and the section 94 conditions that allow deferred or periodic payment; (g) a works schedule of the specific public amenities and services proposed to be provided by the council, together with an estimate of their cost and staging. (2) In determining the contribution rates for different types of development, the council must take into consideration the conditions that may be imposed under section 97 (1) (b) of the Local Government Act 1993.
Division 2—Public participation
Draft contributions plan must be publicly exhibited
27. Following the preparation of a draft contributions plan, the council:
(a)
must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan; and
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(b)
must publicly exhibit at the places, on the dates and during the times set out in the notice:
(i) a copy of the draft plan; and
(ii) a copy of any supporting documents; and
(c) must specify in the notice the period (which must include the period during which the plan is being publicly exhibited) during which submissions about the draft plan may be made to the council. Note: Section 94AB of the Act requires a draft contributions plan to be publicly exhibited for at least 28 days.
Copies of draft contributions plans to be publicly available
28. Copies of the draft contributions plan, and of any supporting documents, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
Who may make submissions about a draft contributions plan?
29. Any person may make written submissions to the council about the
draft contributions plan during the period specified in the relevant notice.
Division 3—Approval of contributions plans
Approval of contributions plan by council
30. (1) After considering any submissions about the draft contributions plan that have been duly made, the council:
(a)
may approve the plan in the form in which it was publicly exhibited; or
(b)
may approve the plan with such alterations as the council thinks fit; or
(c) may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local
newspaper within 14 days after the decision is made.
(3) Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.
(4) A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper or on a later date specified in the notice.
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Division 4—Amendment and repeal of contributions plans
How may a contributions plan be amended or repealed?
31. (1) A council may amend a contributions plan by a subsequent contributions plan.
(2) A council may repeal a contributions plan:
(a) by a subsequent contributions plan; or
(b)
by public notice in a local newspaper of its decision to repeal the plan.
Procedure for repealing a contributions plan by public notice
32. (1) Before repealing a contributions plan by public notice in a local
newspaper, the council must give public notice in a local newspaper:
(a) of its intention to repeal the contributions plan; and
(b) of its reasons for doing so.(2) Publication of the notice of intention must take place at least 14
days before publication of the notice of repeal.
(3) The repeal of a contributions plan by public notice in a local newspaper takes effect on the date of publication of the notice.
Division 5—Accounting
Councils must maintain contributions register
33. (1) A council that imposes section 94 conditions on development consents must maintain a contributions register.
(2) The council must record the following details in the register:
(a)
particulars sufficient to identify each development consent for which a section 94 condition has been imposed;
(b)
the nature and extent of the section 94 contribution required by the condition for each public amenity or service;
(c) the contributions plan under which the condition was imposed;
(d)
the date or dates on which any section 94 contribution required by the condition was received and its nature and extent.
Accounting for monetary section 94 contributions
34. (1) A council must maintain accounting records that allow monetary section 94 contributions (and any additional amounts earned from their investment) to be distinguished from all other money held by the council.
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(2) The accounting records for a Contributions plan must indicate the following:
(a) the various kinds of public amenities or services for which expenditure is authorised by the plan; (b) the monetary section 94 contributions received under the plan, by reference to the various kinds of public amenities or services for which they have been received; (c) the amounts spent in accordance with the plan, by reference to the various kinds of public amenities or services for which they have been spent. (3) A council must disclose the following information for each contributions plan in the notes to its annual financial report:
(a)
the opening and closing balances of money held by the council for the accounting period covered by the report;
(b)
the total amounts received by way of monetary section 94 contributions during that period, by reference to the various kinds of public amenities or services for which they have been received;
(c)
the total amounts spent in accordance with the contributions plan during that period, by reference to the various kinds of public amenities or services for which they have been spent;
(d)
the outstanding obligations of the council to provide public amenities or services, by reference to the various kinds of public amenities or services for which monetary section 94 contributions have been received during that or any previous accounting period.
Councils must prepare annual statements
35. (1) As soon as practicable after the end of each financial year, a council must prepare an annual statement for the contributions plans in force in its area.
(2) The annual statement must disclose, for each contributions plan, the information required by this Division to appear in the notes to its annual financial report.
Division 6—Public access
Councils must keep certain records available for public inspection
36. (1) A council must make the following documents available for inspection at its principal office, free of charge, during the council’s ordinary office hours:
(a) each current contributions plan;
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(b) each annual statement;
(c) the contributions register,
prepared by it under this Part.
(2) Subject to section 428 of the Local Government Act 1993, the annual statement may be included in, or form part of, the annual report prepared by the council under that section.
Copies of contributions plans to be publicly available
37. Copies of:
(a)
any contributions plan in force in relation to the council's area; and
(b)
are to be made available to interested persons, either free of charge or on
payment of reasonable copying charges.any document referred to in any such contributions plan that is held by the council,
Note: This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 105.
PART 5—EXISTING USES
Object of Part
38. The object of this Part is to regulate existing uses under section 108 (1) of the Act.
Note: By section 108 (2) of the Act, the provisions of this Part are “the incorporated provisions” and so are taken to be incorporated in every environmental planning instrument in force under the Act.
Certain development allowed
39. (1) An existing use may, in accordance with this Division, be:
(a) enlarged, expanded or intensified; or
(b) altered or extended; or(c) rebuilt; or
(d)
changed to another use, including a use that would otherwise be prohibited under the Act.
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(2) A use to which an existing use is changed is itself taken to be an existing use for the purposes of the Act and may, subject to this Division, be changed to another use.
Development consent required for enlargement, expansion and intensifcation of existing uses
40. (1) Development consent is required for any enlargement, expansion or intensification of an existing use.
(2) The enlargement, expansion or intensification:
(a) must be for the existing use, or for a use changed under clause 43, but for no other use; and (b) must be carried out only on the land on which the existing use was carried out immediately before the relevant date. Development consent required for alteration or extension of buildings and works
41. (1) Development consent is required for any alteration or extension of a building or work used for an existing use.
(2) The alteration or extension:
(a) must be for the existing use of the building or work, or for a use changed under clause 43, but for no other use; and (b) must be erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant date. Development consent required for rebuilding of buildings and works 42. (1) Development consent is required for any rebuilding of a
building or work used for an existing use.
(2) The rebuilding:
(a)
must be for the existing use of the building or work, or for a use changed under clause 43, but for no other use; and
(b)
must be carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.
Development consent required for changes of existing uses
43. Development consent is required:
(a) for any change of an existing use to another use; and
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(b) in the case of a building, work or land that is used for different existing uses, for any change in the proportions in which the various parts of the building, work or land are used for those purposes. Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
44. Nothing in this Part prevents the granting of a development consent referred to in clause 40, 41 or 42 at the same time as the granting of a development consent referred to in clause 43.
PART 6—DEVELOPMENT APPLICATIONS
Division 1—General requirements for applicants
How must a development application be made?
45. (1) For the purposes of section 77 of the Act, the prescribed form for a development application is Form 1.
(2) A development application may be delivered by hand, or sent by post, to the consent authority at its principal office.
(3) Immediately after receiving 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.
Consent authority may require additional copies of development application and supporting documents
46. A consent authority that is required:
(a) to refer a development application to another person; or
(b) to mange for the public display of a development application,
may require the applicant to give it as many additional copies of the development application and supporting documents as are reasonably required for the purposes of the Act.
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Consent authority may require additional information
47. (1) The consent authority may require the applicant to give it any additional information about the proposed development that is essential to the consent authority’s proper consideration of the development application.
(2) The requirement must be made by the consent authority, in writing, within 21 days after it receives the development application.
(3) The information that a consent authority may require may include, but is not limited to, information relating to any relevant matter referred to in section 90 (1) of the Act or in any relevant environmental planning instrument.
(4) Nothing in this clause affects the consent authority’s duty to determine a development application that is duly made.
What is the procedure for amending a development application?
48. (1) A development application may, but only with the agreement of the consent authority, be amended or varied by the applicant at any time before its determination.
(2) If an amendment or variation results in a change to the proposed development, particulars in writing of the amendment or variation sufficient to indicate the nature of the changed development must be annexed to the development application.
Division 2—Designated development
What is designated development?
49. (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
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Division 3—Environmental impact statements
What is the form for an environmental impact statement?
50. The prescribed form for an environmental impact statement under section 77 of the Act is Form 2.
What must an environmental impact statement contain?
51. (1) The contents of an environmental impact statement must include:
(a)
for development of a kind for which specific guidelines are in force under this clause, the matters referred to in those guidelines; or
(b) for any other kind of development:
(i) the matters referred to in the general guidelines in force under this clause; or
(ii) if no such guidelines are in force, the matters referred to in Schedule 2.
(2) For the purposes of this clause, the Director may establish
guidelines for the preparation of environmental impact statements, inrelation to development generally or in relation to any specific kind of
development .
(3) The Director may vary or revoke any guidelines in force under this
clause.
Director may make requirements concerning preparation of environmental impact statements
52. (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.
(2) For the purposes of the consultation, the applicant must give theDirector written particulars of the location, nature and scale of the development.
(3) Written notice of the Director’s requirements must be given to the applicant within 28 days after the consultation is completed or within a further time agreed between the Director and the applicant.
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(4) Written notice of the Director’s requirements must also be given to the relevant consent authority at the same time as it is given to the applicant.
(5) 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.
(6) The Director may waive the requirement for consultation under this
clause in relation to any particular development or any particular kind of
development . Consent authority may require additional copies of environmental impact statement
53. The consent authority may require an applicant for development consent for designated development to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.
Division 4—Public participation (designated development)
Application of Division
54. This Division applies to designated development.
What information must be contained in a section 84 notice? 55. (1) For the purposes of section 84 (4) of the Act, a notice referred
to in section 84 (1) (a) of the Act must contain the following information:
(a)
a description (including the address) of the land on which the development is proposed to be carried out;
(b) a description of the proposed development;
(c)
a statement that the proposed development is designated development;
(d) the name of the applicant and of the consent authority;
(e)
a statement that the development application referred to in the notice and the documents accompanying the application (including the relevant 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
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(iii) at the council’s principal office (if the council is not the consent authority),
for a specified period during the relevant authority’s ordinary
office hours;
(f) a statement that:
(i) any person may, during the period specified under paragraph (e), make written submissions to the consent authority about the development application; and
(ii) if a submission is made by way of objection, the grounds of objection must be specified in the submission;
(g)
unless the proposed development is subject to a direction under section 101 of the Act, a statement that any person:
(i) who makes a submission by way of objection; and
(ii) who is dissatisfied with the determination of the consent authority to grant development consent,
may appeal to the Land and Environment Court under section 98
of the Act;
(h)
if the proposed development is subject to a direction under section 101 of the Act, a statement that:
(i) the Minister will determine the application; and
(ii) the consent authority, the applicant and any person who makes a submission under section 87 (1) of the Act in relation to the development application must, under section 101 (5) of the Act, be given the opportunity of a hearing if so required by any of them before the Minister determines the application; and
(iii) the Minister’s determination is final and not subject to appeal.
(2) The period specified under subclause (1) (e) must include the period of 30 days following the day on which notice of the development application is first published in a newspaper under section 84 (1) (c) of the Act.
How is a section 84 notice exhibited on land?
56. A notice under section 84 (1) (b) 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; and1994—No. 415
(d) must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”; and
(e) must contain under that heading the following matters:
(i) a statement that the development application has been lodged;
(ii) the name of the applicant;
(iii) a brief description of the development application;(iv) notice that the development application and the relevant environmental impact statement may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in a notice under section 84 (1) (a) of the Act; and
(f)
must, if practicable, be capable of being read from a public road, public place or public reserve.
How is notice given of a section 84 notice?
57. A notice under section 84 (1) (c) 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 84 (1) (a) of the Act.
Division 5—Public participation (advertised development)
Application of Division
58. This Division applies to advertised development.
What information must be contained in a section 84 notice?
59. (1) For the purposes of section 84 (4) of the Act, a notice referred
to in section 84 (1) (a) of the Act must contain the following information:
(a)
a description (including the address) of the land on which the development is proposed to be carried out;
(b) a description of the proposed development;
(c)
a statement that the proposed development is not designated development;
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(d) the name of the applicant and of the consent authority;
(e)
a statement that the development application referred to in the notice and the documents accompanying the application may be inspected:
(i) at the consent authority’s principal office; and
(ii) at the council’s principal office (if the council is not the
consent authority ) ,
for a specified period during the relevant authority’s ordinary
office hours;
(f) a statement that:
(i) any person may, during the period specified under paragraph (e), make written submissions to the consent authority about the development application; and
(ii) if a submission is made by way of objection, the grounds of objection must be specified in the submission;
(g)
if the proposed development is subject to a direction under section 101 of the Act, a statement that:
(i) the Minister will determine the application; and
(ii) the consent authority, the applicant and any person who makes a submission under section 87 (1) of the Act in relation to the development application must, under section 101 (5) of the Act, be given the opportunity of a hearing if so required by any of them before the Minister determines the application; and
(iii) the Minister’s determination is final and not subject to appeal.
(2) The period specified under subclause (1) (e) must include the period of 28 days following the day on which notice of the development application is first published in a newspaper under section 84 (1) (c) of the Act.
How is a section 84 notice exhibited on land?
60. A notice under section 84 (1) (b) 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
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(e) must contain under that heading the following matters:
(i) a statement that the development application has been lodged;
(ii) the name of the applicant;
(iii) a brief description of the development application;(iv) notice that the development application may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in a notice under section 84 (1) (a) of the Act; and
(f)
must, if practicable, be capable of being read from a public road, public place or public reserve.
How is notice given of a section 84 notice?
61. A notice under section 84 (1) (c) of the Act:
(a)
must be published in the public notices section of the newspaper; and
(b) must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”; and
(c)
must contain the same matters as are required for a notice under section 84 (1) (a) of the Act.
Division 6—Public access
Consent authority may sell copies of environmental impact statement to the public
62. (1) Copies of an environmental impact statement may be sold by a consent authority to any member of the public for not more than $25 per copy.
(2) A consent authority:
(a)
must pay the proceeds of sale to the applicant responsible for the preparation of the statement; and
(b) must return to the applicant any unsold copies of the statement.
Documents adopted or referred to by environmental impact statement
63. (1) Any document adopted or referred to by an environmental impact statement is taken to form part of the statement.
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(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 7—General
Consent authority to provide development application forms to intending applicants
64. 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 mount determined. What additional matters must a consent authority take into consideration in determining a development application?
65. For the purposes of section 90 (1) (s) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:
(a)
whether adequate provision has been made to enable disabled persons to gain access to the development or to the land on which the development is proposed to be carried out;
(b)
the Government Coastal Policy, in the case of development on land in the area of a council referred to in Schedule 1;
(c) the effect of the development on:
(i) any protected or endangered fauna (within the meaning of the National Parks and Wildlife Act 1974); and
(ii) the habitat of any such protected or endangered fauna, and the means to be employed to protect them from harm, or to mitigate the harm, if the development is likely to cause them harm;
(d)
whether the development will endanger any species of animal, plant or other form of life, whether living on land, in water or in the air.
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Who are “prescribed persons” for the purposes of section 91A? 66. For the purposes of section 91A (1) of the Act, the following
persons are prescribed:
(a) a public authority (not being a council);
(b) a public utility;
(c)
an official university within the meaning of the Higher Education Act 1988;
(d)
a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990;
(e) the Totalizator Agency Board.
Extracts of development applications to be publicly available 67. (1) This clause applies to all development other than designated
development and advertised development.
(2) Extracts of a development application relating to the erection of a building:
(a)
suficient to identify the applicant and the land to which the application relates; and
(b)
containing a plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected,
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.
PART 7—DEVELOPMENT CONSENTS
Division 1—Notices of determinations
What is the form for a section 92 notice?
68. (1) The prescribed form for a section 92 notice is Form 3.
(2) The notice must clearly identify the relevant development application by reference to its registered number.
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How soon must a section 92 notice be sent?
69. (1) A section 92 notice must be sent to the applicant for development consent within 14 days after the date of the determination to which it relates.
(2) Failure to send the notice within that period does not affect the validity of the notice or the development consent (if any) to which it relates.
What additional particulars must be included in a section 92 notice with respect to section 94 conditions?
70. A section 92 notice concerning a development consent the subject of a section 94 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;
(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.
What is the form for a section 95 notice?
71. (1) The prescribed form for a section 95 notice is:
(a) Form 4, for designated development; and
(b) Form 5, for advertised development.(2) The notice must be given on the same day as the section 92 notice
is given to the applicant.
Division 2—Lapsing of development consents
What is the form for an application for extension of a development consent?
72. An application under section 99 (4B) 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.What is the form for a section 99 notice to complete development? 73. A notice under section 99 (6) of the Act requiring completion of
development within a specified time:
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(a) must be in writing; and
(b) must indicate the consent authority’s reasons for issuing the notice; and (c) must notify the owner of the right of appeal given by section 99 (8) of the Act to a person aggrieved by the notice; and (d) must notify the owner of the right under section 99 (10) of the Act to apply to the consent authority for an extension of the time specified in the notice; and (e) must notify the owner of the right of appeal given by section 99 (11) of the Act to a person aggrieved by the consent authority’s refusal or failure to grant an extension of time. What is the form for an application for an extension of time to complete development?
74. An application under section 99 (10) of the Act for an extension of time to complete development:
(a) must be made in writing to the consent authority; and
(b) must specify the period of the extension of time sought; and(c) must indicate why the consent authority should extend the time.
Division 3—Modification of development consents
What is the form for an application for modification of a development consent?
75. The prescribed form for an application under section 102 (1) of the Act for modification of a development consent is Form 6.
Applications for modification of development consents granted by the
Land and Environment Court76. (1) For the purposes of section 102 (1A) of the Act, the consent authority from whose decision the Land and Environment Court has granted a development consent on appeal is a prescribed person with which a copy of an application for modification of the consent must be lodged.
(2) In this clause, a reference to a consent authority does not include a reference to the council of the relevant area.
Note: The Land and Environment Court acts as a consent authority when it determines appeals from the decisions of other consent authorities. Under section 102 (1) of the Act, an application for modification of a development consent granted by the Court
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(acting as a consent authority) must be made to the Court. If the original consent authority was the council of the relevant area, a copy of the application must, under section 102 (1A) of the Act, be lodged with the council.
How is notice of an application for modification of a development consent given?
77. (1) Notice under section 102 (2) of the Act of an application for the modification of a development consent must be given:
(a) by the consent authority that granted the development consent (including the Minister acting as a consent authority as referred to in section 102 (3) of the Act); or (b) by the consent authority to which the original development application was made, in the case of a development consent granted by the Land and Environment Court on appeal. (2) The notice must be in writing and must be given within 14 days after the application or a copy of that application is received by the consent authority required to give the notice.
(3) The notice:
(a) must contain a brief description of the development consent, the land to which the development consent relates and the details of the modification sought; and (b) must state that written submissions about the proposed modification may be made to the consent authority within the period of 21 days following the date on which the notice is given; and (c) must indicate the period during which the application may be inspected at the principal office of the consent authority giving the notice; and (d) must state that, if the application is approved, there is no right of appeal by an objector under section 98 of the Act. (4) The prescribed period for the purposes of section 102 (2) of the Act (being the period within which a person’s submissions about the proposed modification must be made to the consent authority) is the period of 21 days following the date on which notice is given to the person under this clause.
(5) The consent authority required to give notice of an application for modification of a development consent granted by the Land and Environment Court must notify the Court of the date on which the notice was given.
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Applications for modifications of development consents to be kept available for public inspection
78. An application for the modification of a development consent must be made available at the consent authority’s principal office for inspection, free of charge, during the consent authority’s ordinary office hours.
Notice of determination of application to modify development consent
79. (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 by the granting of development consent subject to conditions or by refusing development consent, the notice:
(a) must indicate the consent authority’s reasons for the imposition of the conditions or the refusal; and (b) must state that the Act gives a right of appeal against the
de termination. Modification or surrender of development consent or existing use right
80. (1) A modification or surrender of a development consent or existing use right must be in Form 7.
(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 4—General
What are the public notification procedures for the purposes of section 104A?
81. The granting of a development consent is publicly notified for the purposes of section 104A of the Act:
(a)
if public notice in a local newspaper is given by the consent authority or, if the consent authority is not the council, by the consent authority or by the council; and
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(b)
if the notice describes the land and the development the subject of the development consent; and
(c)
if the notice contains a statement that the development consent is available at the council’s offices for public inspection, free of charge, during the council’s ordinary office hours.
PART 8—ENVIRONMENTAL ASSESSMENT UNDER PART 5
OF THE ACT
Division 1—Circumstances requiring an environmental impact
statement
What factors must be taken into account concerning the impact of an activity on the environment?
82. (1) For the purposes of Part 5 of the Act, the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment include:
(a)
for activities of a kind for which specific guidelines are in force under this clause, the factors referred to in those guidelines; or
(b) for any other kind of activity:
(i) the factors referred to in the general guidelines in force under this clause; or
(ii) if no such guidelines are in force, the factors referred to subclause (2).
(2) The factors referred to in subclause (1) (b) (ii) are as follows:
(a) any environmental impact on a community;
(b) any transformation of a locality;(c) any environmental impact on the ecosystems of the locality;
(d)
any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality;
(e)
any effect on a locality, place or building having aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance or other special value for present or future generations;
(f)
any impact on the habitat of protected or endangered fauna (within the meaning of the National Parks and Wildlife Act 1974);
(g)
any endangering of any species of animal, plant or other form of life, whether living on land, in water or in the air;
(h) any long-term effects on the environment;
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(i) any degradation of the quality of the environment;
(j) any risk to the safety of the environment;
(k) any reduction in the range of beneficial uses of the environment;(l) any pollution of the environment;
(m) any environmental problems associated with the disposal of waste;
(n) any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply; (o) any cumulative environmental effect with other existing or likely future activities. (3) For the purposes of this clause, the Director may establish guidelines for the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment, in relation to activities generally or in relation to any particular kind of activity.
(4) The Director may vary or revoke any guidelines in force under this
clause.
Division 2—Environmental impact statements
What is the form for an environmental impact statement?
83. The prescribed form for an environmental impact statement under section 112 of the Act is Form 8.
What must an environmental impact statement contain?
84. (1) The contents of an environmental impact statement must include:
(a)
for activities of a kind for which specific guidelines are in force under this clause, the matters referred to in those guidelines; or
(b) for any other kind of activity:
(i) the matters referred to in the general guidelines in force under this clause; or
(ii) if no such guidelines are in force, the matters referred to in Schedule 2.
(2) For the purposes of this clause, the Director may establish guidelines for the preparation of environmental impact statements, in relation to activities generally or in relation to any specific kind of activity.
(3) The Director may vary or revoke any guidelines in force under this
clause.
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Director may make requirements concerning preparation of environmental impact statements
85. (1) The proponent responsible for preparing an environmental
impact statement must consult with the Director and, in completing thestatement, must have regard to the Director’s requirements concerning:
(a) the form and content of the statement; and
(b) the availability of the statement for public comment.
(2) For the purposes of the consultation, the proponent must give theDirector written particulars of the location, nature and scale of the activity.
(3) Written notice of the Director’s requirements must be given to the proponent within 28 days after the consultations are completed or within a further time agreed between the Director and the proponent.
(4) Written notice of the Director’s requirements must also be given to the relevant determining authority at the same time as it is given to the proponent.
(5) If the environmental impact statement is not exhibited within 2 years after the notice is given, the applicant must consult further with the Director in relation to the preparation of the statement.
(6) The Director may waive the requirement for consultation under this clause in relation to any particular activity or any particular kind of activity.
Determining authority may require additional copies of environmental impact statement
86. The determining authority may require the proponent of an activity to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.
Division 3—Public participation
How is notice given of the public exhibition of an environmental impact statement?
87. (1) Notice under section 113 (1) of the Act of the places, dates and times where an environmental impact statement may be inspected:
(a)
must be published in a daily newspaper circulating generally throughout the State and in a local newspaper; and
(b)
must be published in each newspaper on at least 2 separate occasions; and
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(c) must appear across 2 or 3 columns in the display section of the newspapers. (2) The period of 30 days referred to in section 113 (1) of the Act begins on:
(a)
the date on which the notice is first published in the daily newspaper circulating generally throughout the State; or
(b)
the date on which the notice is first published in the local newspaper,
whichever is the later.
(3) In addition to the matters required by section 113 (1) of the Act, the notice must include the following matters:
(a)
the following heading in capital letters and bold type: “ASSESSMENT OF ENVIRONMENTAL IMPACT OF (a title description of the proposed activity and its location)— PUBLIC EXHIBITION”
(b) a brief description of the proposed activity and its locality;
(c) the name of the proponent;
(d)
a statement of the places, dates and times for inspection of the environmental impact statement; and
(e)
a statement that any person may, before the specified closing date, make written representations to the determining authority about the proposed activity.
Where may an environmental impact statement be inspected?
88. In addition to the places referred to in section 113 (1) of the Act, a determining authority must make copies of the relevant environmental impact statement available for public inspection, on the same dates and during the same times, at the following places:
the principal office of the council in whose area the proposed
activity is to be carried out;
at least one of the offices of the Government Information Serviceof New South Wales;
the Sydney office of the Environment Centre (New South Wales) Pty Ltd.
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Division 4—Public access
Determining authority may sell copies of environmental impact statement to the public
89. (1) Copies of an environmental impact statement may be sold by a determining authority to any member of the public for not more than $25 per copy.
(2) A determining authority:
(a)
must pay the proceeds of sale to the proponent responsible for the preparation of the statement; and
(b) must return to the proponent any unsold copies of the statement.
Documents adopted or referred to by environmental impact statement
90. (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 proponent responsible for the preparation of an environmental impact statement to supply any person with a document that is publicly available.
Division 5—General
Report to be prepared where Minister’s approval under section 115A not required
91. (1) A determining authority for an activity must prepare a report on any activity for which an environmental impact statement has been prepared.
(2) The report must be prepared as soon as practicable after a decision is made by the determining authority to carry out or refrain from carrying out the activity or to approve or disapprove the carrying out of the activity.
(3) The report must comment on, and have regard to, each of the following matters:
(a) the environmental impact statement;
(b) any representations duly made to it about the proposed activity;(c) the effects of the proposed activity on the environment;
(d)
the proponent’s proposals to mitigate any adverse effects of the activity on the environment;
(e) the findings and recommendations of:
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(i) any report given to it by the Director under section 113 of the Act; and
(ii) any advice given to it by the Minister under section 114 of the Act; and
(iii) any inquiry under section 119 of the Act,
with respect to the proposed activity.
(4) The report must also give full particulars of the determining authority’s decision on the proposed activity and, if the authority has granted approval to the carrying out of the activity, any conditions or modifications imposed or required by the authority in connection with the carrying out of the activity.
(5) The determining authority must make the report public as soon as practicable after it has been completed and must send a copy of the report to the council of each area that is, or would have been, affected by the activity.
(6) The requirements of subclause (5):
(a)
are subject to any prohibition or restriction arising from a direction under section 120 (5) (b) of the Act, but to the extent only of the prohibition or restriction; and
(b)
do not apply to an activity to which Division 4 of Part 5 of the Act applies.
PART 9—FEES AND CHARGES
Division 1—Fees for development applications
Fees not to exceed specified maximums
92. The fee for a development application must not exceed the maximum amount determined in accordance with this Division.
Development involving the erection of a building or the carrying out of a work
93. (1) The maximum fee payable for development:
(a)
involving the erection of a building or the carrying out of a work; and
(b)
having an estimated cost within a range specified in the Table to this clause,
is as calculated in accordance with that Table.
(2) The fees determined under this clause do not apply to development for which a fee is payable under clause 94 or 95.
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TABLE
Estimated cost Maximum fee payable
Less than $250,000 ....................... $150, plus an additional $3 for each $l,000 (or part of $1,000) of the estimated cost $250,000—$500,000 .......................... $900, plus an additional $1.50 for each $1,000 (or part of $1,000 by which the estimated cost exceeds $250.000 $500,000—$1,000,000 ....................... $1,275, plus an additional $1 for each $l,000 (or part of $1,000) by which the estimated cost exceeds $500,000 $1,000,000—$10,000,000 .................. $1,775, plus an additional $0.75 for each $l,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000 More than $10,000,000 .................. $8,525, plus an additional $0.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000
Development involving the erection of a dwelling-house with an estimated construction cost of $100,000 or less
94. A maximum fee of $100 is payable for development consisting of the erection of a dwelling-house whose estimated cost of construction is $100,000 or less.
Development involving the erection of a hospital, school or police station by a public authority
95. (1) A maximum fee of $100 is payable for development consisting of the erection of a hospital, school or police station, but only if the development application is made by a public authority.
(2) The consent authority is entitled to be reimbursed by the public authority to the extent to which the fee does not reimburse it for its costs in dealing with the application.
(3) The amount payable by the public authority is to be determined by agreement between the consent authority and the public authority, but must not exceed the maximum fee that would be applicable for an application made otherwise than by a public authority.
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Development involving the subdivision of land
96. A maximum fee of $150 is payable for development consisting of the subdivision of land, together with an additional fee of $25 for each lot created by the subdivision.
Note: For example, the maximum total fee to accompany an application for consent to the subdivision of land into 12 allotments (that is, there will be 12 allotments on the land after the land is subdivided) will be $450.
Development not involving the erection of a building, the carrying out of a work or the subdivision of land
97. A maximum fee of $150 is payable for development that does not involve the erection of a building, the carrying out of a work or the subdivision of land.
Minimum fee for designated development
98. Despite any other provision of this Division, a consent authority may charge a minimum fee of $500 for designated development.
What additional fees are payable for development that requires advertising?
99. (1) In addition to any other fees payable under this Division, a consent authority may charge up to the following maximum fees for the giving of the notice required for the development:
(a) $1,500, in the case of designated development;
(b) $750, in the case of advertised development;
(c) $750, in the case of prohibited development (within the meaning of section 100A of the Act); (d) $750, in the case of development for which an environmental planning instrument requires notice to be given otherwise than as referred to in paragraph (a), (b) or (c). (2) The consent authority must refund so much of the fee paid under this clause as is not spent in giving the notice.
What if 2 or more fees are applicable to a single development application?
100. If 2 or more fees are applicable to a single development application (such as an application to subdivide land and erect a building on one or more of the lots created by the subdivision), the maximum fee payable for the development is the sum of those fees.
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How is a fee based on estimated costs to be determined?
101. (1) In determining the fee for development consisting of the erection of a building or the carrying out of a work, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the building or work.
(2) The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate. be the estimate so indicated.
Determination of fees after development applications have been made
102. (1) The determination of a fee to accompany a development application must be made before, or within 14 days after, the application is lodged with the consent authority.(2) A determination made after the lodging of a development
application has no effect until notice of the determination is given to the
applicant . (3) A consent authority may refuse to consider a development application for which a fee has been duly determined and notified to the applicant but remains unpaid.
Division 2—Other fees and charges
What is the fee for an application for the modification of a development consent?
103. (1) The maximum fee for an application under section 102 of the Act for the modification of a development consent is:
(a) if the fee for the original development application was less than $100, 30 per cent of that fee; or (b) in any other case, $100 or 30 per cent of the fee for the original development application, whichever is the greater, plus an additional amount of not more than $500 if notice of the application is required to be given under section 102 (2) of the Act.
(2) The consent authority must refund so much of the additional amount as is not spent in giving the notice.
(3) In this clause:
(a)
a reference to an original development application is a reference to the development application that resulted in the granting of the development consent proposed to be modified; and
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(b) a reference to the fee for the original development application does not include a reference to any fee under clause 99 that was payable for the giving of notice. (4) This clause does not apply to an application for the modification of a development consent granted by the Land and Environment Court on appeal from some other consent authority.
Note: The Land and Environment Court (Fees) Regulation 1994 provides for the payment of fees in connection with applications made to the Land and Environment Court under section 102 of the Act.
What is the fee for a section 149 certificate?
104. (1) The prescribed fee for the issue of a certificate under section 149 of the Act is $40.
(2) The council may charge one additional fee of not more than $60 for any advice given under section 149 (5) of the Act.
What is the fee for a certified copy of a document, map or plan held by the Department or a council?
105. The prescribed fee for a certified copy of a document, map or plan referred to in section 150 (2) of the Act is $40.
What other fees and charges may be imposed under the Act?
106. The maximum charge or fee that may be imposed under section 137 (1) of the Act is:
(a)
the amount determined by the Director (either generally or in any particular case or class of cases), having regard to the cost to the Minister. corporation, Department or Director of doing anything referred to in that subsection; or
(b)
if there is no relevant determination in force, 120 per cent of the cost to the Minister, corporation, Department or Director of doing anything referred to in that subsection.
PART 10—REGISTER OF DEVELOPMENT APPLICATIONS
Council to maintain a register of development applications
107. (1) A council must maintain a register containing details of the following matters for each development application:
(a) the registered number of the application; (b) the date when the application was made;
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(c) the amount of any fee payable in connection with the application;
(d) the date or dates when any such fee, or any part of any such fee, was paid; (e) the date when the application was determined by the council. (2) The register must also contain details of the following matters for
each development consent:
(a)
the name and address of the person to whom the consent was granted;
(b) the address of the land to which the consent relates;
(c) the date when the consent was granted;(d) a brief description of the subject-matter of the consent;
(e)
a statement of the classification (residential, commercial, industrial or other) appropriate to the nature of the development to which the consent relates;
(f) any conditions to which the consent is subject;
(g) the duration of the consent;
(h) the date when the consent became effective;(i) whether the consent has been revoked, modified or surrendered;
(j) the date when any notice was published in respect of the consent as referred to in section 104A of the Act. (3) The register must contain the following indexes of the development consents referred to in subclause (2):
(a) an index prepared by reference to the address of the land to which each development consent relates; (b) an index prepared by reference to the chronological order of the granting of each development consent. (4) The register is to be kept in the form of a book, in loose-leaf form, or in the form of an electronic data retrieval system.
(5) To the extent to which this clause imposes requirements additional to those imposed by the Environmental Planning and Assessment Regulation 1980, the additional requirements need not be complied with before 1 March 1995.
Council to keep certain documents
108. A council must keep the following documents for each development application made to it and each development consent resulting from a development application made to it:
(a) a copy of the development application;
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(b) a copy of the relevant section 92 notice;
(c)
a copy of any instrument by which some other development consent or existing use right has been modified or surrendered;
(d)
a copy of the decision of the Land and Environment Court, in the case of a development consent granted by the Court on appeal from the determination of the council;
(e)
a copy of the Minister’s determination of the application, in the case of an application determined by the Minister under section 101 of the Act;
(f)
a copy of any recommendations made by relevant employees of the council with respect to the determination of the application;
(g)
if the development consent has been revoked, modified or surrendered, a copy of the instrument of revocation, modification or surrender;
(h)
if a notice has been published in respect of the development consent as referred to in section 104A of the Act, a copy of the page of the newspaper in which the notice was published.
Council to keep certain records available for public inspection
109. (1) A council must make the following documents available for inspection at its principal office, free of charge, during the council’s ordinary office hours:
(a) the register kept under clause 107;
(b) the documents kept under clause 108.(2) The register kept under clause 107 is the register of consents under
section 104 of the Act to the extent to which it relates to the details
referred to in clause 107 (2).
PART 11—MISCELLANEOUS
Notice of proposal to constitute development area
110. A notification under section 132 (4) of the Act of the Director’s proposal to include the whole or any part of a council’s area in a development area must be given by instrument in writing posted or delivered to the councils concerned.
Assessment of loan commitments of councils in development areas
111. (1) Any assessment to be made on a council under section 143 (1)
of the Act is to be made in accordance with the following formula:
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Rateable value of council
Contribution = Total assessment x (Rateable value of all councils) where: Contribution represents the amount to be contributed by the council; Total assessment represents the total assessment for the development
area, as referred to in section 143 (1) of the Act;
Rateable value of council represents the value shown in the statement given by the council in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of rateable land in the area or part of the area of the council; Rateable value of all councils represents the total of the values shown in the statements given by all councils in the development area in relation to the assessment payable during the calendar year ending 31 December 1990 in respect of all rateable land in the areas or parts of the areas of all such councils. (2) The corporation is not obliged to notify a council of its intention to make an assessment, but (if an assessment is made) must serve notice of the assessment on each relevant council.
(3) The notice must be served:
(a) on or before 1 October 1994, if the assessed amount is to be paid during the 6 month period ending 30 June 1995; and (b) on or before 1 April before the financial year in which the assessed amount is to be paid, in any other case. (4) For the purposes of section 143 (4) of the Act, the prescribed day is the day occurring 3 months after notice of the assessment is served on the council.
What matters must be specified in a section 149 certificate?
112. The prescribed matters to be specified in a certificate under section 149 (2) of the Act are the matters set out in Schedule 4.
Secretary may certify certain documents
113. The Secretary is a prescribed officer for the certification of documents under section 150 (1) of the Act.
1994—No. 415
Appointment of alternate members for certain committees
114. (1) A member of a committee established under Division 5 of Part 2 of the Act may at any time appoint, as an alternate member to act during the absence or illness of the member, a person qualified or nominated under the Act in the same manner (if any) as the person for whom the member is the alternate member.
(2) While acting as a member of a committee, an alternate member may exercise the functions of the person for whom the member is the alternate member.
False or misleading statements
115. A person is guilty of an offence if the person makes any statement, knowing it to be false or misleading in an important respect, in or in connection with any document lodged with a consent authority for the purposes of the Act or this Regulation.
Repeal, savings and transitional
116. (1) The Environmental Planning and Assessment Regulation \ is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Environmental Planning and Assessment Regulation 1980, had effect under that Regulation is taken to have effect under this Regulation.
SCHEDULE 1—AREAS AFFECTED BY GOVERNMENT
COASTAL POLICY (Cl. 65, Dictionary)
Ballina Kiama Bega Valley Lake Macquarie Bellingen Maclean Byron Nambucca Coffs Harbour Port Stephens Eurobodalla Richmond River Gosford
Shell harbour Great Lakes
Shoal haven Greater Taree Tweed Hastings Ulmarra Kempsey Wyong
1994—No. 415
SCHEDULE 2—ENVIRONMENTAL IMPACT STATEMENTS
(Cll. 51, 84)
1. A summary of the environmental impact statement.
2. A statement of the objectives of the development or activity.
3. An analysis of any feasible alternatives to the carrying out of the development or activity, having regard to its objectives, including:
(a) the consequences of not carrying out the development or activity; and (b) the reasons justifying the carrying out of the development or activity.
4.An analysis of the development or activity, including: (a) a full description of the development or activity; and
(b)
a general description of the environment likely to be affected by the development or activity, together with a detailed description of those aspects of the environment that are likely to be significantly affected; and
(c)
the likely impact on the environment of the development or activity, having regard to:
(i) the nature and extent of the development or activity; and
(ii) the nature and extent of any building or work associated with the development or activity; and
(iii) the way in which any such building or work is to be designed. constructed and operated; and
(iv) any rehabilitation measures to be undertaken in connection with the development or activity; and
(d) a full description of the measures proposed to mitigate any adverse effects of the development or activity on the environment. 5. The reasons justifying the carrying out of the development or activity in the manner proposed, having regard to biophysical, economic and social considerations and the principles of ecologically sustainable development.
6. A compilation (in a single section of the environmental impact statement) of the measures referred to in item 4 (d).
7. A list of any approvals that must be obtained under any other Act or law before the development or activity may lawfully be carried out.
8. For the purposes of this Schedule, “the principles of ecologically sustainable development” are as follows:
(a)
The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
(b)
Inter-generational equity—namely. that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
(c) Conservation of biological diversity and ecological integrity.
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(d) Improved valuation and pricing of environmental resources.
Note: The matters to be included in item 4 (c) might include such of the following as are relevant to the development or activity:
(a) the likelihood of soil contamination arising from the development or activity;
(b) the impact of the development or activity on flora and fauna;
(c)
the likelihood of air, noise or water pollution arising from the development or activity;
(d)
the impact of the development or activity on the health of people in the neighbourhood of the development or activity;
(e) any hazards arising from the development or activity;
(f)
the impact of the development or activity on traffic in the neighbourhood of the development or activity;
(g) the effect of the development or activity on local climate;
(h) the social and economic impact of the development or activity;(i) the visual impact of the development or activity on the scenic quality of land in the neighbourhood of the development or activity;
(j)
the effect of the development or activity on soil erosion and the silting up of rivers or lakes;
(k)
the effect of the development or activity on the cultural and heritage significance of the land.
SCHEDULE 3—DESIGNATED DEVELOPMENT (CI. 49)
PART 1—WHAT IS DESIGNATED DEVELOPMENT?
Development for the undermentioned purposes or development of the undermentioned types is designated development:
Agricultural produce industries that process agricultural produce (including dairy products. seeds, fruit, vegetables or other plant material) and:
(1) crush, juice, grind, mill or separate more than 30,000 tonnes of produce per annum; or
(2) release effluent, sludge or other waste:
(a) in or within 100 metres of a natural waterbody or wetlands; or
(b) in an area of:
(i) high watertable; or
(ii) highly permeable soils; or(iii) acid sulphate, sodic or saline soils.
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Aircraft facilities (including terminals, buildings for the parking, servicing or
maintenance of aircraft, installations or movement areas) for the landing,taking-off or parking of aeroplanes, seaplanes or helicopters, if the facilities:
(1) in the case of seaplane or aeroplane facilities:
(a) cause a significant environmental impact or significantly increase the environmental impacts as a result of (i) the number of flight movements (including taking-off or landing); or
(ii) the maximum take-off weight of aircraft capable of using the facilities; and
(b) are located so that the whole or part of a residential zone, a school or hospital is within: (i) the 20 ANEF contour map approved by the Civil Aviation Authority of Australia; or
(ii) 5 kilometres of the facilities if no ANEF contour map has been approved; or
(2) in the case of helicopter facilities (other than facilities used exclusively for emergency aeromedical evacuation, retrieval or rescue):
dwelling means a room or suite of rooms occupied or used or so constructed or
adapted as to be capable of being occupied or used as a separate domicile.
effluent includes treated or partially treated wastewater from processes such as sewage treatment plants or from treatment plants associated with intensive livestock industries, aquaculture or agricultural. livestock. wood. paper or food processing industries.
environmentally sensitive area means:
(a)
land identified in an environmental planning instrument as an environment protection zone such as for the protection or preservation of habitat, plant communities, escarpments, wetlands or foreshore or land protected or preserved under State Environmental Planning Policy No. 14—Coastal Wetlands or State Environmental Planning Policy No. 26—Littoral Rainforests; or
1994—No. 415
(b)
land reserved as national parks or historic sites or dedicated as nature reserves or declared as wilderness under the National Parks and Wildlife Act 1974: or
(c)
land reserved as an aquatic reserve under the Fisheries and Oyster Farms Act 1935; or
(d)
land reserved or dedicated within the meaning of the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes; or
(e) land declared as wilderness under the Wilderness Act 1987.
extractive material means sand, soil, stone, gravel, rock. sandstone or similar substances that are not prescribed minerals within the meaning of the Mining Act 1992.
floodplain means the floodplain level nominated in a local environmental plan or those areas inundated as a result of a 1 in 100 flood event if no level has been nominated.
high watertable means those areas where the groundwater depth is less than 3 metres below the surface at its highest seasonal level.
highly permeable soil means soil profiles or layers (within the upper 2 metres of the material to be disturbed or impacted by the development) with a saturated hydraulic conductivity of more than 50 millimetres per hour,
incinerate includes any method of burning or thermally oxidising solids, liquids orgases.
poisonous means substances classified as poisonous in the Australian Dangerous Goods Code, including poisonous gases (Class 2.3) or poisonous (toxic), infectious and genetically modified substances (Class 6).
residential zone means land identified in an environmental planning instrument as being predominantly for residential use. including urban, village or living area zones, but excluding rural residential zones.
saline soil means soil profiles or layers (within the upper 2 metres of soil) with an electrical conductivity of saturated extracts (Ece) value of more than 4 decisiemens per metre (Ds/m).
sludge includes waste particulate matter (mainly organic) from processes such as sewage treatment plants, intensive livestock industries or agricultural, livestock. wood, paper or food processing industries.
sodic soil means soil profiles or layers (within the upper 2 metres of soil) with an exchangeable sodium percentage (ESP) of more than 5 percent.
waste includes any matter or thing whether solid, gaseous or liquid or a combination of any solids, gases or liquids that is discarded or is refuse from processes or uses (such as domestic, medical, industrial, mining, agricultural or commercial processes or uses).waterbody means:
(a) a natural waterbody, including:
(i) a lake or lagoon either naturally formed or artificially modified; or
1994—No. 415
(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream; or
(iii) tidal waters including any bay, estuary or inlet; or
(b)
an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.
wetlands means:
(a)
natural wetlands including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities; or
(b)
artificial wetlands. including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
PART 4—HOW ARE DISTANCES MEASURED FOR THE PURPOSES OF
THIS SCHEDULE?
aquaculture or mariculture:
The distance between leases is to be measured as the shortest distance between the boundary of any existing lease area and the boundary of the area to which the development application applies.
coastline:
The distance from a coastline is to be measured as the shortest distance between the mean high water mark and the boundary of the land to which the development application applies (excluding access roads).
dwelling:
The distance from a dwelling is to be measured as the shortest distance between the edge of the dwelling and the boundary of any development or works to which the development application applies.
environmentally sensitive area:
The distance from an environmentally sensitive area is to be measured as the shortest distance between the boundary of the area and the boundary of the land to which the development application applies.
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extractive industries and mines (including coal and limestone):
The distance between extractive industries or mine sites is to be measured as the shortest distance between any area of disturbance by a mine or extractive industry that has operated within the past 5 years and the boundary of the land to which the development application applies (excluding access roads).
poultry farms:
The distance between poultry farms is to be measured as the shortest distance between the edge of any facilities or works associated with an existing poultry farm and the facilities or works to which the development application applies (excluding access roads).
residential zone:
The distance from a residential zone is to be measured as the shortest distance between the boundary of the residential zone and the facilities or works to which the development application applies (excluding access roads).
turf farm:
The distance between turf farms is to be measured as the shortest distance between the edge of an area which is growing or has previously grown turf sod within the last 5 years and the edge of the area for growing turf sod to which the development application applies.
waterbody:
The distance from a waterbody is to be measured as the shortest distance between:
(a) the top of the high bank, if present; or
(b) if no high bank is present, then:
(i) the mean high water mark in tidal waters; or
(ii) the mean water level in non-tidal waters,
and the boundary of the land to which the development application applies.
wetlands:
The distance from a wetland is to be measured as the shortest distance between:
(a) the top of the high bank, if present; or
(b)
if no high bank is present, then the edge of vegetation communities dominated by wetland species,
and the boundary of the land to which the development application applies.
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SCHEDULE 4—SECTION 149 CERTIFICATES
(Cl. 112)
1. If a local environmental plan, a deemed environmental planning instrument or a draft local environmental plan that has been placed on exhibition under section 66 (1) (b) of the Act restricts, or purports to restrict, the purposes for which development may be carried out on the land:
(a) the name of the instrument; and
(b) the purposes for which development may be carried out in accordance with that instrument without development consent and with development consent; and (c) the purposes for which the carrying out of development is prohibited under that instrument. 2. If the land is identified as being within a zone (within the meaning of an instrument referred to in item 1):
(a) the name of the instrument and of the zone; and
(b) the purposes for which development may be carried out within that zone without development consent and with development consent; and (c) the purposes for which the carrying out of development is prohibited within that zone. 3. Any matter relating to a State environmental planning policy or a regional environmental plan applying to the land. or to a draft State environmental planning policy or draft regional environmental plan applying to the land, which the Minister has, generally or in any particular case, notified the council should be specified in the certificate.
4. If the application for the certificate states that the land is vacant, whether the
erection of a dwelling-house on that land is prohibited because of a development
standard relating to the minimum area on which a dwelling-house may be erected.5. Whether or not the demolition of any building on the land requires development consent to be obtained.
6. If a development control plan that is expressed to apply to the land has been approved under Part 3 of this Regulation, the name of the plan (whether or not the plan is in force).
7. If a contributions plan that is expressed to apply to the land has been approved under Part 4 of this Regulation. the name of the plan (whether or not the plan is in force).
8. Whether any application to carry out development on the land would, at the time the application for the certificate was lodged, be the subject of a direction under section 101 (1) of the Act, and (if so) the general nature of that direction.
9. Whether the land is or is not affected by the operation of section 38 or 39 of the Coastal Protection Act 1979. but only to the extent that the council has been so notified by the Department of Public Works.
10. Whether or not the land has been proclaimed to be a mine subsidence district
within the meaning of section 15 of the Mine Subsidence Compensation Act 1961.1994—No. 415
11. Whether or not the land is affected by any road widening or road realignment
under:
(a) Division 2 of Part 3 of the Roads Act 1993; or
(b) any environmental planning instrument; or
(c) any resolution of the council.
12. Whether or not the council has by resolution adopted a policy to restrict the development of the land because of the likelihood of land slip, bushfire. flooding, tidal inundation, subsidence or any other risk.
1994—No. 415
SCHEDULE 5—FORMS (CI. 3) Note: The provisions of the Act and this Regulation allow forms to differ from those set out in this Schedule. However they must still substantially comply with those set out in this Schedule.
Form 1 Application for development made under the Environmental Planning and Assessment Act 1979
Section 77applicant name
addressland to be developed address
lot no. DP/MPS, vo/fol etcor
map(s) attached (see note 1) proposed development description (eg advertisement,
demolition. etc)proposed use (if a building) estimated cost (see note 2)
type of consent deferred commencement (if applicable) staged development required attachments 3 copies of plan of land (see note 3)
3 copies of plans/drawings of proposed development (see note 4)1 copy of plan for purposes of clause 67 of the Environmental Planning and Assessment Regulation 1994 (see note 5) other information (see note 6) application fee
1994—No. 415
Form 1 (cont)
environmental impact
(for designated development) an environmental impact statement (EIS) is attached or (for other development) a statement on environmental effects is attached (see note 7) or the proposed development is considered to have negligible effect other attachments additional material requested by consent authority (see note 8) additional material submitted by applicant (see note 9) details of any prior staged consent granted
consent of all owner(s) (required if the applicant is not the owner of the land)
As the owner of the above property. I consent to this application.
(see note 10)signature(s) name(s) date / /
or person signing on behalf of applicant please state in what signed by applicant capacity signature name, if not applicant capacity, if not applicant date / / Notes for completing Development Application
Note 1 A description of the land to be developed can be given in the form of a map
which contains details of the lot number, DP/MPS, vol/fol etc.Note 2 In the case of a building or work, the fee is based on the estimated cost. Note 3 A plan of the land must indicate:
a) location. boundary dimensions. site area and north point of the land b) existing vegetation and trees on the land c) location and uses of existing buildings on the land d) existing levels of the land in relation to buildings and roads e) location and uses of buildings on sites adjoining the land.
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Form 1 (cont)
Note 4 Plans or drawings describing the proposed development must indicate (where
relevant):
a)
the location of proposed new buildings or works (including extensions or additions to existing buildings or works) in relation to the land's boundaries and adjoining development
b)
floor plans of proposed buildings showing layout, partitioning. room sizes and intended uses of each part of the building
c) elevations and sections showing proposed external finishes and heights d) proposed finished levels of the land in relation to buildings and roads e) building perspectives. where necessary to illustrate the proposed building f)
proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate)
g)
proposed landscaping and treatment of the land (indicating plant types and their height and maturity)
h) proposed methods of draining the land. Note 5 A plan of the building that indicates its height and external configuration. as
erected, in relation to the site on which it is to be erected.Note 6 Other information must indicate (where relevant):
a) in the case of shops, offices, commercial or industrial development:
• details of hours of operation • plant and machinery to be installed • type. size and quantity of goods to be made, stored or transported • loading and unloading facilities
b) in the case of subdivision:
•
details of the existing and proposed subdivision pattern (including the number of lots and location of roads)
•
details of consultation with public authorities responsible for provision or amplification of utility services required by the proposed subdivision
c) in the case of demolition: details of age and condition of buildings or works to be demolished
d) in the case of advertisements details of the size. type, colour, materials and position of the sign board or
structure on which the proposed advertisement is to be displayed
e) in the case of development relating to an existing use: details of the existing use.
Note 7 Where a proposed development is not designated development the application
must be accompanied by a statement of environmental effects unless the
proposed development is considered to have negligible effect (eg minor
interior alterations) which must
a) demonstrate that the environmental impact of the development has been considered
b) set out steps to be taken to protect the environment or to mitigate the harm.
Note 8 The consent authority may. within 21 days of receiving the development
application, ask for additional information on the development if that
information is necessary for the determination of the application.Note 9 The application may be supported with additional material (eg photographs,
slides. models, etc) illustrating the proposed development and its context.Note 10
In the case of Crown land within the meaning of the Crown Lands Act 1989, the owner's consent must be signed by the relevant officer of the Department of Conservation and Land Management.
1994—No. 415
Form 2 Submission of
environmental impact statement (EIS)prepared under the Environmental Planning and Assessment Act 1979
Section 77EIS prepared by name
qualificationsaddress in respect of development application applicant name
applicant addressland to be developed: address lot no, DP/MPS, vol/fol etc
proposed developmentor
map(s) attached environmental impact Statement * an environmental impact statement (EIS) is attached certificate
I certify that I have prepared the contents of this Statement and to
the best of my knowledge
•
it is in accordance with clauses 51 and 52 of the Environmental Planning and Assessment Regulation 1994, and
•
it is me in all material particulars and does not by its presentation or omission of information, materially mislead.
signature
name
date / /
1994—No. 415
Form 3 Notice of determination of development application issued under the Environmental Planning and Assessment Act 1979
Section 92development application applicant name
applicant addressland to be developed: address
proposed developmentdetermination
made on (date) / /
determination consent granted unconditionally
consent granted subject to conditions described below
application refused
consent to operate from (date) / / consent to lapse on (date) / / details of conditions (including section 94 conditions)
reasons for conditions/refusal
right of appeal If you are dissatisfied with this decision, section 97 of the Environmental Planning and Assessment Act 1989 gives you the right to appeal to the Land and Environment Court within 12 months after the date on which you receive this notice.
signed on behalf of the consent authority signature name date / /
1994—No. 415
Form 4 Determination of development application
(designated development)
Notice to people who made submissionsunder Section 87 of the Act issued under the Environmental Planning and Assessment Act 1979
Section 95submission made by name
addressdevelopment application number
applicant name
land to be developed: addressproposed development determination consent granted unconditionally
consent granted subject to conditions described belowapplication refused
rights of appeal applicant's right of appeal
If the applicant is dissatisfied with this decision, section 97 of the Environmental Planning and Assessment Act 1979 gives him or her the right to appeal to the Land and Environment Court within 12
months after the date on which he or she received the 'Notice of
determination’ under section 92 (copy attached).your right to be informed If the applicant appeals. section 97 of the Environmental Planning
and Assessment Act 1979 gives you the right to be given notice of
the appeal, and to be heard at the hearing of the appeal (you need
to apply to the Court within 28 days of the notice of the appeal).your right of appeal
If you are an objector to designated development. and are dissatisfied with a decision to grant consent (either unconditionally or subject to conditions), section 98 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 28 days of the date of this notice. Your appeal may be made by lodging an application to the Court in accordance with the Rules of Court.
signed on behalf of the consent authority signature name date / / 1994—No. 415
Form 5 Determination of development application
(advertised development)
Notice to people who made submissionsunder Section 87 of the Act issued under the Environmental Planning and Assessment Act 1979
Section 95submission made by name
addressdevelopment application number
applicant name
land to be developed: addressproposed development determination consent granted unconditionally
consent granted subject to conditions described below
application refused
signed on behalf of the consent authority signature name date / /
1994—No. 415
Form 6 Application to modify a consent granted under the Environmental Planning and Assessment Act 1979
Section 102owner of land name
addressland address
lot no, DP/MPS, vol/fol etcor
map(s) attached consent give details modification give details of
manner and extent
(provide evidence that the
modification does not
substantially alter the
development)agreement of all
owner(s)Being the owner of the land described above,
1 apply to modify the consent as described above.signature(s)
date / /
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Form 7 Modification or surrender of a consent granted under the Environmental Planning and Assessment Act 1979 or of an “existing use” right conferred by Division 2 of Part 4 of the Act owner of land name
addressland address lot no, DP/MPS, vol/fol etc consent / right* give details modification give details of
manner and extentagreement of all
owner(s)Being the owner of the land described above.
I modify/surrender* the consent/the right* described above.signature(s) name(s) date / /
* Cross out whichever does not apply
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Form 8 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 to be
carried out: addresslot no, DP/MPS, vol/fol etc
proposed developmentor
map(s) attached environmental impact
statement an environmental impact statement (EIS) is attached certificate
I certify that I have prepared the contents of this Statement and to the best of my knowledge
•
it is in accordance with clauses 84 and 85 of the Environmental 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.
signature
name
date / / 1994—No. 415
DICTIONARY
(Cl. 3)
advertised development means development (other than designated
development) to which any one or more of sections 84, 85, 86, 87(1) and 90 of the Act apply as if the development were designated
development.
contributions plan means a contributions plan referred to in section 94AB of the Act.
development consent means a consent under Division 1 of Part 4 of
the Act to carry out development.
environmental impact statement means an environmental impact statement referred to in section 77 or 112 of the Act.
existing use right means a right conferred by Division 2 of Part 4 ofthe Act.
Government Coastal Policy means the Government publication
entitled “Draft Revised Coastal Policy”, as published in April 1994,
a copy of which may be inspected during ordinary office hours:(a) at any of the offices of the Department of Planning; or
(b) at the offices of any of the councils of the local government areas listed in Schedule 1.
local newspaper means a newspaper circulating throughout the relevant area at intervals of not more than 2 weeks.
relevant date means:
(a) in relation to an existing use referred to in section 106 (a) of the Act—the date on which an environmental planning instrument having the effect of prohibiting the existing use first comes into force; or (b) in relation to an existing use referred to in section 106 (b) of the Act—the date when the building, work or land being used for the existing use was first erected, carried out or so used.
section 92 notice means a notice under section 92 of the Act that is given to an applicant by a consent authority in relation to its determination of a development application.
section 94 condition means a condition under section 94 of the Act requiring the dedication of land or the payment of a monetary contribution, or both.
section 94 contribution means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in section 94 of the Act.
1994—No. 415
section 95 notice means a notice under section 95 of the Act that is given to an objector by a consent authority in relation to its determination of a development application.
the Act means the Environmental Planning and Assessment Act 1979.
1994—No. 415
NOTES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement
3. Definitions
4. Notes
5. When is public notice given?PART 2—LOCAL ENVIRONMENTAL PLANS Division 1—Consultation with the Department
6. How and when must information be given to the Secretary?
7. What documents may a council be required to give the Secretary?8. Secretary may require additional copies of the draft local environmental plan
Division 2—Consultation and concurrence with other authorities
9. What documents must be given to other public authorities?
10. Public authorities must concur to proposed reservation of land
Division 3—Public participation
11. What public notice is required for an environmental study and draft local environmental plan?
12. For how long must an environmental study and draft local environmental plan be exhibited?
13. How is notice of a public hearing to be given?
Division 4—General
14. Recovery of cost of environmental study
PART 3—DEVELOPMENT CONTROL PLANS
Division 1—Preparation of development control plans by councils
15. In what form must a development control plan be prepared?
16. For what matters may a development control plan provide?
Division 2—Public participation
17. Draft development control plan must be publicly exhibited
18. Copies of draft development control plans to be publicly available
1994—No. 415
19. Who may make submissions about a draft development control plan?
Division 3—Approval of development control plans
20. Approval of development control plan by council
Division 4—Amendment and repeal of development control plans
21. How may a development control plan be amended or repealed?
22. Procedure for repealing a development control plan by public notice
Division 5—Development control plans made by the Director
23. Application of Part to development control plans made by the Director
Division 6—Public access
24. Copies of development control plans to be publicly available
PART 4—CONTRIBUTIONS PLANS Division 1—Preparation of contributions plans
25. In what form must a contributions plan be prepared?
26. What particulars must a contributions plan contain?
Division 2—Public participation
27. Draft contributions plan must be publicly exhibited
28. Copies of draft contributions plans to be publicly available29. Who may make submissions about a draft contributions plan?
Division 3—Approval of contributions plans
30. Approval of contributions plan by council
Division 4—Amendment and repeal of contributions plans
31. How may a contributions plan be amended or repealed?
32. Procedure for repealing a contributions plan by public notice
Division 5—Accounting
33. Councils must maintain contributions register
34. Accounting for monetary section 94 contributions35. Councils must prepare annual statements
Division 6—Public access
36. Councils must keep certain records available for public inspection
37. Council must provide interested persons with copies of contributions plans
PART 5—EXISTING USES
38. Object of Part
39. Certain development allowed
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40. Development consent required for enlargement, expansion and intensification of existing uses
41. Development consent required for alteration or extension of buildings and works
42. Development consent required for rebuilding of buildings and works
43. Development consent required for changes of existing uses44. Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
PART 6—DEVELOPMENT APPLICATIONS
Division 1—General requirements for applicants
45. How must a development application be made?
46. Consent authority may require additional copies of development application and supporting documents
47. Consent authority may require additional information
48. What is the procedure for amending a development application?
Division 2—Designated development
49. What is designated development?
Division 3—Environmental impact statements
50. What is the form for an environmental impact statement?
51. What must an environmental impact statement contain?52. Director may make requirements concerning preparation of environmental impact statements
53. Consent authority may require additional copies of environmental impact statement
Division 4—Public participation (designated development)
54. Application of Division
55. What information must be contained in a section 84 notice?
56. How is a section 84 notice exhibited on land?57. How is notice given of a section 84 notice?
Division 5—Public participation (advertised development)
58. Application of Division
59. What information must be contained in a section 84 notice?
60. How is a section 84 notice exhibited on land?61. How is notice given of a section 84 notice?
Division 6—Public access
62. Consent authority may sell copies of environmental impact statement to the public
63. Documents adopted or referred to by environmental impact statement
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Division 7—General
64. Consent authority to provide development application forms to intending applicants
65. What additional matters must a consent authority take into consideration in determining a development application?
66. Who are “prescribed persons” for the purposes of section 91A?
67. Extracts of development applications to be publicly available
PART 7—DEVELOPMENT CONSENTS
Division 1—Notices of determinations
68. What is the form for a section 92 notice?
69. How soon must a section 92 notice be sent?
70. What additional particulars must be included in a section 92 notice with respect to section 94 conditions?
71. What is the form for a section 95 notice?
Division 2—Lapsing of development consents
72. What is the form for an application for extension of a development consent?
73. What is the form for a section 99 notice to complete development?
74. What is the form for an application for an extension of time to complete development?
Division 3—Modification of development consents
75. What is the form for an application for modification of a development consent?
76. Applications for modification of development consents granted by the Land and Environment Court
77. How is notice of an application for modification of a development consent given?
78. Applications for modifications of development consents to be kept available for public inspection
79. Notice of determination of application to modify development consent
80. Modification or surrender of development consent or existing use right
Division 4—General
81. What are the public notification procedures for the purposes of section 104A? PART 8—ENVIRONMENTAL ASSESSMENT UNDER PART 5 OF THE
ACT
Division 1—Circumstances requiring an environmental impact statement
82. What factors must be taken into account concerning the impact of an activity on the environment?
1994—No. 415
Division 2—Environmental impact statements
83. What is the form for an environmental impact statement?
84. What must an environmental impact statement contain?85. Director may make requirements concerning preparation of environmental impact statements
86. Determining authority may require additional copies of environmental impact statement
Division 3—Public participation
87. How is notice given of the public exhibition of an environmental impact statement?
88. Where may an environmental impact statement be inspected?
Division 4—Public access
89. Determining authority may sell copies of environmental impact statement to the public
90. Documents adopted or referred to by environmental impact statement
Division 54eneral
91. Report to be prepared where Minister’s approval under section 115A not required
PART 9—FEES AND CHARGES
Division 1—Fees for development applications
92. Fees not to exceed specified maximums
93. Development involving the erection of a building or the carrying out of a work94. Development involving the erection of a dwelling-house with an estimated construction cost of $100,000 or less
95. Development involving the erection of a hospital, school or police station by a public authority
96. Development involving the subdivision of land
97. Development not involving the erection of a building, the carrying out of a work or the subdivision of land
98. Minimum fee for designated development
99. What additional fees are payable for development that requires advertising?
100. What if 2 or more fees are applicable to a single development application?
101. How is a fee based on estimated costs to be determined?102. Determination of fees after development applications have been made
Division 2—Other fees and charges
103. What is the fee for an application for the modification of a development consent?
1994—No. 415
104. What is the fee for a section 149 certificate?
105. What is the fee for a certified copy of a document, map or plan held by the Department or a council?
106. What other fees and charges may be imposed under the Act?
PART 10—REGISTER OF DEVELOPMENT APPLICATIONS
107. Council to maintain a register of development applications
108. Council to keep certain documents
109. Council to keep certain records available for public inspection
PART 11—MISCELLANEOUS
110. Notice of proposal to constitute development area
111. Assessment of loan commitments of councils in development areas
112. What matters must be specified in a section 149 certificate?
113. Secretary may certify certain documents
114. Appointment of alternate members for certain committees
115. False or misleading statements
116. Repeal, savings and transitional
SCHEDULE 1—AREAS AFFECTED BY GOVERNMENT COASTAL POLICY
SCHEDULE 2—ENVIRONMENTAL IMPACT STATEMENTS
SCHEDULE 3—DESIGNATED DEVELOPMENT
SCHEDULE 4—SECTION 149 CERTIFICATES
SCHEDULE 5—FormsDICTIONARY
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake the provisions of the Environmental Planning and Assessment Regulation 1980 under the Environmental Planning and Assessment Act 1979. The new Regulation deals with the following matters:
(a) the preparation of local environmental plans under Division 4 of Part 3 of the Act (Part 2); (b) the preparation of development control plans under sections 5 IA and 72 of the Act (Part 3); (c) the preparation of contributions plans under section 94AB of the Act (Part 4); (d) the regulation of existing uses under Division 2 of Part 4 of the Act (Pan 5);
(e)
the procedure for making and determining development applications under Division 1 of Part 4 of the Act (Part 6);
(f)
the regulation of various matters in relation to development consents under Division 1 of Part 4 of the Act (Part 7);
(g) the environmental assessment of activities under Part 5 of the Act (Part 8);
(h) the fees and charges payable under the Act (Part 9);1994—No. 415
(i)
(j) other matters of a minor, consequential or ancillary nature (Parts 1 and II).
This Regulation is made under the Environmental Planning and Assessment Act
1979, including section 157 (the general regulation making power) and various otherthe maintenance of a register of development applications under Division 1 of Part 4 of the Act (Part 10); sections. This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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