Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Insert “(or regional panel)” before “means” in the definition of joint regional planning panel in section 4 (1).
[2] Sections 23A, 88 (1) and 117C and clause 1 of Schedule 4
Omit the definition of regional panel wherever occurring.
[3] Section 23N Obligations of councils to assist Commission and regional panels
Omit “, a regional panel or a planning arbitrator” wherever occurring in section 23N (1) and (2).Insert instead “or a regional panel”.
[4] Section 23N (1) (a) and (b) and (3)
Omit “, panel’s or arbitrator’s” wherever occurring.Insert instead “or panel’s”.
Omit “or to a review by the arbitrator of a matter for which the council is the consent authority”.
Omit “, a planning arbitrator”.
[7] Section 80A Imposition of conditions
Omit “Division 7A or” from the note to section 80A (10D).Insert instead “this Division or Division”.
[8] Section 82A Review of consent determination
Omit section 82A (2), (3), (5), (7)–(9) and (11). Insert instead:(2) A council must, on a request made in accordance with this section, conduct a review.
Insert after section 82A:82B Review where development application not accepted
(1) Application of section
This section applies if a council as consent authority determines that a development application is to be rejected and not determined.(2) Applications for council review
The applicant may request a council to review the decision to reject and not determine the application.(3) Council must review decision
A council must, on a request made in accordance with this section, conduct a review.(4) Persons who may conduct review
The review must be conducted:(a) if the decision was made by the council—by the council, or(b) if the decision was made by a delegate of the council—by the council or another delegate of the council who is not subordinate to the delegate who made the determination.(5) Determination of council review
As a consequence of the review, the council may confirm its decision or proceed to consider the development application.82C Review procedures generally
(1) This section and section 82D apply to a review held under section 82A, 82B or 96AB by a reviewing body.(2) An application for a review must be made, the review must be held and the review must be determined, within the relevant periods (if any) prescribed by the regulations.(3) The regulations may provide that a failure to determine an application within a period prescribed by the regulations is taken to be a decision refusing the application.(4) The prescribed fee must be paid in connection with an application for a review.(5) Before determining an application for a review (other than a review under section 82A), the reviewing body must notify the request for review (if required to do so by the regulations) and must consider any submissions made concerning the application for review within any period prescribed by the regulations.(6) The reviewing body must, in accordance with the regulations, give notice of the result of its determination of an application for a review to the person who applied for the review.(7) A decision on an application for a review may not be further reviewed under the same section by the same reviewing body.(8) The regulations may make further provision with respect to review applications, the conduct of a review and the notification of review decisions.(9) In this Division:reviewing body means the council or the delegate of the council who conducts the review.
82D Effect of review decisions
(1) For the purposes of determining an application for a review, a reviewing body has the same functions as the consent authority had, in relation to the original application or determination.(2) If the reviewing body determines under section 82B that a council should proceed to consider a development application, the development application that is the subject of the review is taken to have been lodged on the day on which that determination is made.(3) If the reviewing body changes a determination (other than a determination under section 82B), the changed determination replaces the earlier determination as from the date of review and the date of determination of the application is taken to be the date of the decision on the review.(4) If the reviewing body grants development consent, or varies the conditions of a development consent or otherwise modifies a development consent, the reviewing body must endorse on the notice issued under section 82C (6) the date from which the consent, or the consent as varied, operates.(5) A decision by a reviewing body in determining an application for a review is taken for all purposes to be the decision of the consent authority.(6) This section has effect even if the appointment of a reviewing body or a member of a reviewing body is subsequently found not to have been validly made.
[10] Section 83 Date from which consent operates
Omit “section 82A (7)” from section 83 (1) (a).Insert instead “section 82D (4)”.
Omit “section 97”. Insert instead “section 97 (1)”.
[12] Section 83 (3) (a) and (b)
Omit the paragraphs. Insert instead:(a) development consent is refused on a review under section 82A or an appeal under section 97, or(b) the effect of a decision on an appeal under section 98 is that development consent is refused.
Omit the subsection.
[14] Section 96 Modification of consents—generally
Omit “(5), (6) and (7)” from section 96 (1).Insert instead “(5) and (6), section 96AB and Division 8”.
Omit section 96 (6) and (7). Insert instead:(6) Deemed refusals
The regulations may make provision for or with respect to the following:(a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent,(b) the effect of any such deemed determination on the power of a consent authority to determine any such application,(c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act.
[16] Section 96AA Modification by consent authorities of consents granted by Court
Omit section 96AA (3) and (4). Insert instead:(3) The regulations may make provision for or with respect to the following:(a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent,(b) the effect of any such deemed determination on the power of a consent authority to determine any such application,(c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act.
Insert after section 96AA:96AB Review where modification application refused or conditions imposed
(1) Applications for review of modification decisions
An applicant for the modification of a development consent for which a council is the consent authority may request the council to review a determination by the council under section 96 or 96AA of the application.(2) Council must review determination
A council must, on a request made in accordance with this section, conduct a review.(3) Persons who may conduct council review
The review must be carried out by:(a) if the determination was made by the council—the council, or(b) if the determination was made by a delegate of the council—by the council or another delegate of the council who is not subordinate to the delegate who made the determination.(4) Determination of review
As a consequence of the review, the council may confirm or change the determination.(5) No review if appeal period expired or appeal made
A determination cannot be reviewed:(a) after the time limited for the making of an appeal under section 97AA expires, if no such appeal is made against the determination, or(b) after an appeal under section 97AA against the determination is disposed of by the Court, if such an appeal is made against the determination.(6) Withdrawal of appeals
If on a review the council modifies a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.(7) Determinations not subject to review
This section does not apply to the following determinations:(a) a determination of an application to modify a complying development certificate,(b) a determination in respect of designated development,(c) a determination in respect of integrated development,(d) a determination made by the council under section 89A in respect of an application by the Crown,(e) a determination that is taken to have been made because the council has failed to determine an application.Note. Sections 82C and 82D apply to a review under this section.
[18] Section 97 Appeal by an applicant—development applications
Omit “12 months” wherever occurring in section 97 (1)–(3).Insert instead “6 months”.
Insert “or review” after “application”.
Omit the subsections.
Insert after section 97:97AA Appeal by applicant—modifications
An applicant who is dissatisfied with the determination of a consent authority with respect to the applicant’s application under section 96 or 96AA (including a determination on a review under section 96AB) may appeal to the Court within 6 months after:(a) the date on which the applicant received notice, given in accordance with the regulations, of the determination of that application or, if an application for review under section 96AB has been decided, the date on which the applicant received notice, in accordance with the regulations, of the decision, or(b) the date on which the applicant’s application is taken to have been determined in accordance with regulations made under section 82C (3), 96 (6) or 96AA (3).97A Notice of appeals to be given and right to be heard
(1) The consent authority must give notice of an appeal under section 97, 97AA or 98:(a) to an objector, in the case of an appeal concerning a development application in respect of which the objector may appeal under section 98, or(b) to the relevant Minister or public authority, in the case of an appeal concerning a development application in relation to which the concurrence of a Minister or public authority is required under this Act, or(c) to the relevant approval body (within the meaning of Division 5), in the case of a development application to carry out integrated development that involves the approval body.(2) A council must give notice to a regional panel of any appeal under section 97, 97AA or 98 in respect of a determination made by the panel or that may be reviewed by the panel under this Act.(3) A council must give notice to the Planning Assessment Commission of any appeal under section 97, 97AA or 98 in respect of a determination made by the Commission or that may be reviewed by the Commission under this Act.(4) A person or body who is given notice of an appeal under this section is, on application made to the Court in accordance with rules of court within 28 days after the date of the notice, entitled to be heard at the hearing of the appeal as if the person or body were a party to the appeal.
[22] Section 97B Costs payable if amended development application filed
Omit section 97B (2). Insert instead:(2) In any proceedings to which this section applies, the Court must make an order for the payment by the applicant of those costs of the consent authority that are thrown away as a result of amending the development application.
[23] Section 98 Appeal by an objector
Omit section 98 (3).
[24] Section 109Q Regulations under Part 4A
Insert after section 109Q (1) (e):(f) exempting classes of temporary structures from requirements relating to construction certificates or occupation certificates.
[25] Section 118 Appointment of planning administrator, planning assessment panel or regional panel
Omit “, a joint regional planning panel or a planning arbitrator” from paragraph (d) of the definition of failure to comply with obligations under the planning legislation in section 118 (12).Insert instead “or a regional panel”.
[26] Section 158 Exclusion of personal liability
Omit section 158 (e).
Omit “(a)–(e)”. Insert instead “(a)–(d1)”.
Omit “, a planning arbitrator”.
[29] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Planning Appeals Legislation Amendment Act 2010
The amendments made to Part 4 of the Act by the Planning Appeals Legislation Amendment Act 2010 do not apply to or in respect of a development application lodged with a consent authority before the commencement of section 82B (as inserted by that amending Act).