Environmental Planning and Assessment Act 1979 No 203
91A Development that is integrated development
(1) This section applies to the determination of a development
application for development that is integrated
(2) Before granting development consent to an application for consent
to carry out the development, the consent authority must, in accordance with
the regulations, obtain from each relevant approval body the general terms of
any approval proposed to be granted by the approval body in relation to the
development. Nothing in this section requires the consent authority to obtain
the general terms of any such approval if the consent authority determines to
refuse to grant development consent.
(3) A consent granted by the consent authority must be consistent with
the general terms of any approval proposed to be granted by the approval body
in relation to the development and of which the consent authority is informed.
For the purposes of this Part, the consent authority is taken to have power
under this Act to impose any condition that the approval body could impose as
a condition of its approval.
(4) If the approval body informs the consent authority that it will
not grant an approval that is required in order for the development to be
lawfully carried out, the consent authority must refuse consent to the
(5) If the approval body fails to inform the consent authority, in
accordance with the regulations, whether or not it will grant the approval, or
of the general terms of its approval:
(a) the consent authority may determine the development application,
(b) if the consent authority determines the development application by
despite any other Act or law.
(i) the approval body cannot refuse to grant approval to an
application for approval in respect of the development,
(ii) an approval granted by the approval body must not be inconsistent
with the development consent, and
(iii) section 93 applies to an approval so granted as if it were an
approval the general terms of which had been provided to the consent
Note. Under section 380A of the Mining
Act 1992 and section 24A of the Petroleum (Onshore) Act 1991, a
mining lease or production lease can be refused on the ground that the
applicant is not a fit and proper person, despite this
(6) If a development application is determined, whether or not by the
granting of development consent, the consent authority must notify all
relevant approval bodies of the determination.
Note. If a dispute arises under this section between a consent authority
and an approval body, the dispute may be dealt with under section