Environmental Planning and Assessment Act 1979 No 203
Current version for 8 March 2013 to date (accessed 19 May 2013 at 21:43)
105 Regulations—Part 4
(1) In addition to any other matters for or with respect to which
regulations may be made for the purposes of this Part, the regulations may
make provision for or with respect to the following:(a) any matter that is necessary or convenient to be done before
making a development application,
(b) the persons who may make development
applications,
(c) the making, consideration and determination of development
applications that are made by or on behalf of the Crown, public authorities
and persons prescribed by the regulations,
(c1) requiring the New South Wales Aboriginal Land Council to consent
to applications for the modification of development consents relating to land
owned by Local Aboriginal Land Councils,
(d) the form of development applications,
(e) the documents and information required to accompany development
applications, including documents that will assist the consent authority in
assessing the environmental effects of development,
(f) the fees for development applications,
(g) the notification and advertising of development applications (and
proposed development),
(h) the form and contents of notices of development applications, the
manner of giving notices and the persons to whom notices are to be
given,
(i) the requirement for consultation with, or obtaining the
concurrence of, the Director-General, public authorities and other persons
concerning proposed development,
(j) the preparation, contents, form and submission of environmental
impact statements and statements of environmental effects,
(k) the documents and information required to accompany statements of
environmental effects and environmental impact statements,
(l) the making of submissions, by way of objection or otherwise, with
respect to proposed development and the consideration of
submissions,
(m) the holding of inquiries into proposed
development,
(n) procedures concerning complying development, advertised
development and designated development,
(n1) authorising a consent authority or council to impose a fee with
respect to the lodging of any complying development certificate with it,
whether pursuant to a requirement made by or under this Act or
otherwise,
(o) procedures concerning integrated development,
(p) notifications and notices for the purposes of sections 81A and
86,
(p1) procedural matters in relation to the review, under section 82A,
of determinations,
(q) the modification of development consents, including the fees for
applications for modification,
(r) the periods within which specified aspects of the environmental
planning control process must be completed and the variation of those
periods,
(s) the effect of a failure to comply with any requirement of the
regulations,
(t) the notification of applicants and persons making submissions
(including by way of objection) of the determination of development
applications, reasons for the determinations and any rights of
appeal.
(2) (Repealed)
(3) The regulations may provide for the accreditation of building
products and systems, including the following:(a) applications for accreditation,
(b) the determination of applications for
accreditation,
(c) revocation of accreditation,
(d) extension or renewal of accreditation,
(e) the adoption, application or incorporation (whether with or
without modification) of a scheme of accreditation (however described) of
building products and systems,
(f) the notification of consent authorities of information concerning
accreditation (including accreditation referred to in paragraph
(e)).
(4) The regulations may provide for the adoption and application of
the Building Code of
Australia.
(5) The regulations may make provision for or with respect to the
remission of part of the fees for development applications to the
Director-General for payment, in accordance with subsection (6), into the
Building Professionals Board Fund established under the Building Professionals Act
2005.
(6) The Director-General is to pay into the Building Professionals
Board Fund established under the Building
Professionals Act 2005 such part of the fees for development
applications remitted to the Director-General:(a) as may be provided for in the regulations, or
(b) subject to the regulations (if any), as the Minister directs to be
paid into the Fund.