Division 2 Planning Assessment Commission

23B   Planning Assessment Commission

(1)  There is constituted by this Act a body corporate with the corporate name of the Planning Assessment Commission of New South Wales.

(2)  The Commission has such functions as are conferred or imposed on it by or under this or any other Act.

(3)  The Commission is not subject to the direction or control of the Minister, except in relation to the procedures of the Commission and to the extent specifically provided for in this Act.

(4)  The Commission is a statutory body representing the Crown.

Note. By virtue of section 13A of the Interpretation Act 1987, a statutory body representing the Crown has the status, privileges and immunities of the Crown.

(5)  Schedule 3 has effect with respect to the Commission.

23C   Chairperson of Commission

The work of the Commission is, subject to this Act and the regulations, to be allocated by the chairperson of the Commission.

Note. The chairperson is appointed under Schedule 3.

23D   Functions of Commission

(1)  The Commission has the following functions:

(a)  to determine applications for the approval of projects and concept plans under Part 3A, if those matters are delegated to it by the Minister,

(b)  if requested to do so by the Minister:

(i)  to advise the Minister as to planning or development matters, environmental planning instruments or the administration or implementation of the provisions of this Act, or any related matter, and

(ii)  to review any aspect of a project, or a concept plan, under Part 3A, and

(iii)  to review all or any of the environmental aspects of proposed development the subject of a development application (whether or not it is designated development), or a part of any such proposed development, and

(iv)  to review all or any of the environmental aspects of an activity referred to in section 112 (1), or of a part of any such activity, and

(v)  to review a proposal to constitute, alter or abolish a development area under section 132 or 133,

(c)  any function of a regional panel, an independent hearing and assessment panel or a planning assessment panel conferred on it by order in writing by the Minister,

(d)  if a regional panel has not been appointed for any part of the State, any function that is conferred on a regional panel under an environmental planning instrument applicable to that part or that is otherwise conferred on a regional panel under this Act.

(2)  For the purposes of subsection (1) (c) and (d), the Commission has all the functions of the panel concerned.

(3)  The Commission cannot employ any staff.

Note. Staff to enable the Commission to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.

(4)  However, the Commission may:

(a)  arrange, with the approval of the Director-General, for the use of the services of any staff (by secondment or otherwise) or facilities of a Division of the Government Service or a public authority, and

(b)  with the approval of the Director-General, engage such consultants as it requires to exercise its functions.

23E   Reviews by, and procedures of, Commission

The regulations may make provision for or with respect to the following:

(a)  the procedures of the Commission, including the procedures for reviews relating to any or all, or a class, of its functions,

(b)  without limiting paragraph (a), the circumstances in which public hearings are to be held by the Commission,

(c)  without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances,

(d)  the conferral on the Commission of power to require a person to give evidence or produce documents for the purposes of a review or the exercise of any of its other functions,

(e)  additional procedural requirements relating to hearings involving a proposed development or activity that may involve the need for an approval under the Water Management Act 2000 or a licence under the Water Act 1912,

(f)  reports of the Commission’s findings and recommendations,

(g)  the making of findings and recommendations of the Commission public,

(h)  the provision of information by the Commission.

23F   No appeals against decisions by Commission after public hearings

(1)  This section has effect despite any other provision of this Act or the regulations.

(2)  An appeal under this Act may not be made in respect of a decision of the Commission in exercising a function conferred on the Commission by or under this Act (including a function delegated to it under this Act) if the decision was made by the Commission after a public hearing.