Subdivision 2 Appeals in respect of prescribed applications
In this Subdivision, appeal includes objection or reference.
76 Appeal to Minister in respect of prescribed applications
If, under the Environmental Planning and Assessment Act 1979, any environmental planning instrument in force under that Act, the Local Government Act 1993, any instrument made under that Act, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, an applicant has a right of appeal arising from the making of a prescribed application, that right is to be exercised by making that appeal to the Minister, despite those Acts or any such instrument.
77 Manner of determining appeal
(1) Where an appeal is made to the Minister under section 76:(a) if the Minister is of the opinion that the matter the subject of the appeal has special significance for the conservation of an item of the environmental heritage, he or she shall determine that appeal, or(b) if the Minister is not of that opinion, he or she shall remit that appeal for hearing and determination by the Court.(2) The Minister shall cause notice of his or her decision under subsection (1) to be given to the person making the appeal.
78 Planning Assessment Commission reports
If the Minister, pursuant to section 77 (1) (a), decides to determine an appeal, the Minister may request the Planning Assessment Commission to furnish a report to the Minister with respect to the appeal containing:(a) a recommendation as to whether the appeal should, in the opinion of the Commission, be dismissed or allowed either unconditionally or subject to such conditions as may be specified in the report, and(b) the reasons for the recommendation.
Before making a report under section 78, the Planning Assessment Commission must, if a party, being:(a) the appellant, or(b) the Heritage Council, or(c) a person who has made representations to the Heritage Council under section 61 (3) with respect to the application for approval from the determination of which the appeal has been made, or(d) the consent authority from whose determination, or neglect or delay to make a determination, the appeal is made,so desires, afford the party an opportunity of appearing personally or, unless otherwise provided by the regulations, by an Australian legal practitioner or agent.
(1) The Minister, after considering such report as may be furnished to the Minister under section 78, may:(a) dismiss the appeal, or(b) allow the appeal either unconditionally or subject to such conditions as the Minister thinks proper to impose, or(c) if the appeal is against the imposition of conditions, refuse to approve the application for approval from the determination of which the appeal has been made, or(d) return the report to the Planning Assessment Commission and request further consideration of the report.(2) If a report is returned under subsection (1), sections 78 and 79 and subsection (1) apply in respect of the further consideration of the report in the same way as they apply in respect of the furnishing of the report.
79B Effect of the Minister’s decision
The decision of the Minister under section 79A (1), other than a decision under section 79A (1) (d), is final and has effect as if it were a decision of the consent authority from whose determination, or neglect or delay to make a determination, the appeal is made.