Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 (NSW)
2009 No 269
New South Wales
Environmental Planning and
Assessment Amendment (Regional
Panels) Regulation 2009
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.
KRISTINA KENEALLY, MP
Minister for Planning
Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment
Regulation 2000 as follows:
| (a) | to provide for various machinery matters arising out of the conferral on joint regional planning panels of council functions of determining development applications and applications to modify development consents, |
| (b) | to require joint regional planning panels to provide the Minister with information and reports, |
| (c) | to provide for periods after which a Crown development application may be referred to the Minister or a joint regional planning panel, |
| (d) | to make other consequential amendments and savings and transitional provisions relating to Crown development. |
This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 23G (5A), 23H (a), 80A (2) and (3), 89 (2) and (5), 96 (1A) and (2) and 157 (the general regulation-making power) and clause 1 of Schedule 6 to that Act.
| Published LW 26 June 2009 | Page 1 |
| 2009 No 269 | Environmental Planning and Assessment Amendment (Regional Panels) |
| Clause 1 | Regulation 2009 |
Environmental Planning and Assessment Amendment
(Regional Panels) Regulation 2009
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment (Regional Panels) Regulation 2009.
2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.
| Environmental Planning and Assessment Amendment (Regional Panels) | 2009 No 269 |
| Regulation 2009 | |
| Amendment of Environmental Planning and Assessment Regulation 2000 | Schedule 1 |
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 2000 |
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
regional panel means a joint regional planning panel.
[2] Clause 98A Erection of signs
Omit “section 116G” from clause 98A (5). Insert instead “section 109R”.
[3] Clause 98B Notification of Home Building Act 1989 requirements
Omit “section 116G” from clause 98B (4). Insert instead “section 109R”.
[4] Clause 113B
Insert after clause 113A:
| 113B | Period after which Crown development applications may be referred to Minister or regional panel | |||
|
[5] Clause 117 Public participation—applications for modification of development consents involving minimal environmental impact
Insert after clause 117 (3):
(3A)
If an application to which this clause applies relates to a development consent that was originally granted or deemed to have been refused by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel.
| 2009 No 269 | Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 |
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 2000 |
[6] Clause 118 Public participation—applications under sections 96 (2) and 96AA for modification of development consents
Insert after clause 118 (2) (b):
, or
(c) by the council or councils of the area in which the development concerned is to be carried out, if the development consent was granted by a regional panel or if the development consent was granted by the Court on appeal and the original development consent was granted or was deemed to have been refused by a regional panel.
[7] Clause 118 (4)
Insert “or a council referred to in subclause (2) (c) (if development consent was granted by the Court)” after “subclause (2) (b)”.
[8] Clause 119 Public participation—applications under sections 96 (2) and 96AA for modification of other development consents
Insert after clause 119 (5):
(5A) If an application to which this clause applies is made about a development consent granted, or deemed to have been refused, by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel. [9] Clause 120 Notification of concurrence authorities and approval bodies
Insert at the end of clause 120:
(2)
If an application to which this clause applies is made about a development consent granted by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to comply with subclause (1) instead of the regional panel.
| Environmental Planning and Assessment Amendment (Regional Panels) | 2009 No 269 |
| Regulation 2009 | |
| Amendment of Environmental Planning and Assessment Regulation 2000 | Schedule 1 |
[10] Part 6, Division 12A
Insert after Division 12:
Division 12A Additional provisions where regional panel is
exercising consent authority functions
| 123B | Application of Division | |||
| ||||
| 123C | Development applications where land is in 2 or more local government areas | |||
| ||||
| (2) A separate development application for the proposed development must be lodged with each council for an area in which the proposed development is situated. | ||||
| 123D | Provisions of Act not to apply as if regional panels were councils | |||
| (1) For the purposes of section 23G (5A) of the Act, a regional panel is not taken to be the council for the purposes of the following provisions of the Act: |
(a) section 78A (3)–(6), (b) section 81 (2), (c) section 82A, (d) section 89 (2). Note. Under section 23G (5A) of the Act, a regional panel exercising consent authority functions of a council is taken to be the council, subject to the regulations.
(2)
For the purposes of section 23G (5A) of the Act, a regional panel is not taken to be the council for the purposes of appeal proceedings under the Act, or proceedings under section 123 of the Act, if:
(a)
the council is the applicant for a development application or the modification of a development consent, and
| 2009 No 269 | Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 |
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 2000 |
(b)
the council makes an appeal under the Act, or brings proceedings under section 123 of the Act, in relation to a determination by the regional panel.
123E Procedural matters related to determination of development
applications
(1) A regional panel may, for the purpose of determining a
development application:
(a)
obtain assessment reports, in addition to any assessment report or other information provided by a relevant council in dealing with the application, and
(b)
obtain other technical advice or assistance as the panel thinks fit.
(2)
If a development consent is granted by a regional panel subject to a condition referred to in section 80 (3) or 80A (2) of the Act, the regional panel is taken to be satisfied as to a matter specified in the condition if the council for the area in which the land on which the development is to be carried out notifies the chairperson of the panel in writing that the matter specified in the condition has been satisfied.
123F Procedural matters relating to determination of applications to
modify consentsFor the purposes of section 23H (a) of the Act, a regional panel may carry out consultation for the purposes of section 96 (2) (b) of the Act by directing the general manager of a council for an area in which the development the subject of the consent is to be carried out to consult with the relevant Minister, public authority or approval body on behalf of the regional panel.
Note. It is an offence under section 23N (2) of the Act for a general manager to fail to comply with a direction.
[11] Clause 136B Erection of signs
Omit “section 116G” from clause 136B (5). Insert instead “section 109R”.
[12] Clause 136C Notification of Home Building Act 1989 requirements
Omit “section 116G” from clause 136C (4). Insert instead “section 109R”.
[13] Clause 156 Occupation and use of new buildings: section 109M (2)
Omit “section 116G of the Act (as referred to in section 116B (a) of the Act)” from clause 156 (2).
Insert instead “section 88 (2) (a) of the Act”.
| Environmental Planning and Assessment Amendment (Regional Panels) | 2009 No 269 |
| Regulation 2009 | |
| Amendment of Environmental Planning and Assessment Regulation 2000 | Schedule 1 |
[14] Clause 226 Prescribed persons: section 88
Omit “for the purposes of sections 116C, 116F and 116G of the Act (as referred to in section 116B (a) of the Act)” from clause 226 (1).
Insert instead “for the purposes of Division 4 of Part 4 of the Act (as referred to in section 88 (2) (a) of the Act)”.
[15] Clause 227 Technical provisions of State’s building laws
Omit “section 116G”. Insert instead “section 109R”.
[16] Clause 268C Definitions
Omit “joint regional planning panel” from the definition of planning body.
Insert instead “regional panel”.[17] Clause 268NA
Insert after clause 268N:
| 268NA | Provision of information by regional panels |
A regional panel must provide the Minister with such information and reports as the Minister may, from time to time, request.
[18] Schedule 7 Savings and transitional provisions
Insert with appropriate numbering at the end of the Schedule:
Crown developments
(1)
Division 4 of Part 4 of the Act, as inserted by the amending Act, does not apply in respect of a development application, or an application to modify a development application, made by or on behalf of the Crown but not finally determined before the commencement of that Division.
(2)
The Act and this Regulation and section 57 (1A) of the Heritage Act 1977, as in force before the commencement of Division 4 of Part 4 of the Act, continue to apply in respect of a development application referred to in subclause (1).
(3)
Section 116H of the Act, as repealed by the amending Act, continues to have effect as if a reference in that section to “this Part” were a reference to Division 4 of Part 4 of the Act.
(4)
Subclause (3) ceases to have effect on the commencement of section 89C of the Act, as inserted by Schedule 2.1 [27] to the amending Act.
| 2009 No 269 | Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 |
| Schedule 1 | Amendment of Environmental Planning and Assessment Regulation 2000 |
Existing planning assessment panels
(1) This clause applies to planning assessment panels established under Division 1AA of Part 6 of the Act before the commencement of Division 3 of Part 2A of the Act. (2) A planning assessment panel may not exercise any consent authority functions of a council (the affected council) conferred on the planning assessment panel in respect of development if:
(a) the development is of a class for which a regional panel is to exercise council functions as a consent authority, and (b) a regional panel has been constituted for the area of the affected council. (3) This clause does not apply in respect of any development application made but not finally determined before the commencement of this clause.
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