Environmental Planning and Assessment Act 1979 No 203
Current version for 19 November 2014 to date (accessed 26 November 2014 at 23:40)

56   Gateway determination

(1)  After preparing a planning proposal, the relevant planning authority may forward it to the Minister.
(2)  After a review of the planning proposal, the Minister is to determine the following:
(a)  whether the matter should proceed (with or without variation),
(b)  whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal),
(c)  community consultation required before consideration is given to the making of the proposed instrument (the community consultation requirements),
(d)  any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument,
(e)  whether a public hearing is to be held into the matter by the Planning Assessment Commission or other specified person or body,
(f)  the times within which the various stages of the procedure for the making of the proposed instrument are to be completed.
(3)  A determination of the community consultation requirements includes a determination under section 73A (or other provision of this Act) that the matter does not require community consultation.
(4)  The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category.
(5)  The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Planning Assessment Commission or a joint regional planning panel:
(a)  if there has been any delay in the matter being finalised, or
(b)  if for any other reason the Minister considers it appropriate to do so.
(6)  The relevant planning authority may, at any time, forward a revised planning proposal to the Minister.
(7)  The Minister may, at any time, alter a determination made under this section.
(8)  A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under section 57, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that section.
Top of page