Schedule 2 Amendments relating to development assessment
(Section 3)
2.1 Principal amendments to Environmental Planning and Assessment Act 1979
[14] Section 75F Environmental assessment requirements for approval
Omit “relevant public authorities” from section 75F (4).Insert instead “such public authorities as relevant guidelines in respect of the project require to be consulted”.
Insert at the end of section 78A (8) (b), before the note:, or
(c) if the application is in respect of development not referred to in paragraph (a), a statement of environmental effects prepared by or on behalf of an applicant in accordance with the regulations.
Insert after section 79A:79AA Public participation—other development subject to objector reviews
(1) This section applies to development applications of a class in respect of which a review application may be made under section 82BA.(2) Regulations may be made for or with respect to the following:(a) notice of development applications to which this section applies,(b) submissions to the consent authority about development applications to which this section applies.
Insert after section 79C (1):(1A) Rejection of submissions—development (other than designated development) subject to objector review
A consent authority determining a development application of a class in respect of which a review application may be made under section 82BA may reject a submission that it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. If an objection is rejected under this subsection, this Act applies as if the objection had not been made.
[26] Section 86A Duration of complying development certificate
Insert after section 86A (4):(5) The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section.
[30] Section 95A Extension of lapsing period for 1 year
Insert after section 95A (1):(1A) If, in granting a development consent that is subject to a deferred commencement condition under section 80 (3), the consent authority specifies a shorter period than 5 years within which the consent will lapse if it is not satisfied as to the matter specified in the condition, the applicant or any other person entitled to act on the consent may apply to the consent authority, before the period expires, for an extension of 1 year.
Omit “subsection (1)”. Insert instead “this section”.
Insert after section 82B:82BA Applications for review—objectors
(1) This section applies to development applications of a class prescribed by the regulations for the purposes of this section.(2) Without limiting subsection (1), a class of development application may be described by reference to whether, or to what extent, the relevant development fails to meet any applicable development standards.(3) A person (an objector) may make an application under this section if:(a) the person is not an applicant and has made a submission objecting to the development in accordance with regulations made under section 79AA, and(b) the person owns land within 1 kilometre of any point on the boundary of the land the subject of the development application or is currently occupying any such land and has been an occupant for at least 6 months.(4) An objector who is dissatisfied with a determination of a council to grant consent to a development application either unconditionally or subject to conditions may apply to the applicable regional panel for a review of the determination.(5) An objector who is dissatisfied with a determination of a regional panel to grant consent to a development application either unconditionally or subject to conditions may apply to the Commission for a review of the determination.(6) An application for a review of a determination under this section must be made within 28 days after the date on which notice of the determination was given in accordance with the regulations.(7) An applicant may amend the development the subject of the original application.(8) The prescribed fee must be paid in connection with a review application.(9) The regulations may limit the persons who are qualified to apply for reviews under this section.(10) This section does not apply to the following development applications:(a) a development application in relation to which an appeal may be made by an objector under section 98,(b) a development application relating to integrated development,(c) a Crown development application (within the meaning of Division 4).(11) As a consequence of a review, the reviewing body may confirm or change the determination.(12) If an application for a review is made under section 82A and this section, the applications are to be dealt with together and determined by the reviewing body. A council may not determine an application for a review if an application concerning the same matter is made under this section.(13) The regulations may make provision with respect to the notification of applications made under this section.(14) In this section:applicable regional panel means the regional panel for the part of the State in which the development is proposed to be carried out.
[37] Section 82C Review procedures generally
Omit “or 96AB” from section 82C (1).Insert instead “, 82BA or 96AB”.
Omit the subsection. Insert instead:(6) The reviewing body must, in accordance with the regulations, give notice of the result of its determination of an application for a review:(a) to the person who applied for the review, and(b) if that person was not the applicant for the determination reviewed, to the applicant and the council.
Omit the definition of reviewing body. Insert instead:reviewing body means:
(a) the council or a delegate of the council who conducts the review, or(b) in the case of an application to a regional panel under section 82BA, the regional panel, or(c) in the case of an application to the Planning Assessment Commission under section 82BA, the Commission.
[37C] Section 97A Notice of appeals to be given and right to be heard
Insert “or make an application for a review under section 82BA” after “section 98” in section 97A (1) (a).
[38] Section 99 Joint hearing of certain appeals
Insert after section 99 (3):(4) If an appeal is made under section 97 with respect to a development application and a review application is made under section 82BA with respect to the same application, the review application is to be dealt with by the Court as if it were an appeal under section 98 and is, as far as practicable, to be heard together with the appeal under section 97.
2.2 Consequential amendments to Environmental Planning and Assessment Act 1979
[17] Section 81 Post-determination notification
Omit section 81 (1) (b). Insert instead:(b) in the case of a development application for consent to carry out designated development or development in respect of which a review application may be made under section 82BA, each objector, and
Omit section 81 (3). Insert instead:(3) In the case of a development application for consent to carry out designated development or development in respect of which a review application may be made under section 82BA, the consent authority must also notify each objector of the objector’s rights to appeal against the determination and of the applicant’s rights to appeal against the determination.(4) In this section:appeal includes make a review application under section 82BA.
objector means a person who has made a submission by way of objection under section 79 (5) or under regulations made under section 79AA.
Insert “or development to which an objection has been made in accordance with regulations under section 79AA” after “section 79 (5)”.
Insert “a review application has been made under section 82BA or” before “an appeal”.
Insert “review application or” before “appeal”.
Insert “a review application under section 82BA or” after “a decision on”.
[40] Section 109J Restriction on issue of subdivision certificates
Insert “or person who has made a submission in accordance with the regulations under section 79AA” after “objector” in section 109J (1) (g) where firstly occurring.
Insert “or person” after “objector”.
[42] Section 109J (1) (g) (ii)
Omit the subparagraph. Insert instead:(ii) if a review application under section 82BA, or an appeal, has been made by the objector or person within that time, the application or appeal has been finally determined.
[43] Section 109K Appeals against failure or refusal to issue Part 4A certificates
Insert “or other development in respect of which a review application may be made under section 82BA” after “designated development” wherever occurring in section 109K (3) (c) and (d).
[44] Section 109K (3) (d) (ii)
Insert “a review application may be made under section 82BA or” before “an appeal”.
[45] Section 109K (3) (d) (iii)
Omit the subparagraph. Insert instead:(iii) if such an application or appeal is made, within 14 days after the final determination of the application or appeal,
[75] Schedule 6 Savings, transitional and other provisions
Insert in appropriate order in Part 21 (as inserted by Schedule 5.1 [12]):(Repealed)Division 3 Provisions relating to development assessment
(1) A person who held office as a Commissioner of Inquiry immediately before the repeal of Division 4 of Part 2 by the amending Act ceases to hold office on that repeal.(2) A Commissioner of Inquiry is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.(1) A person who held office as a member of the Local Government Liaison Committee immediately before the repeal of Division 5 of Part 2 by the amending Act ceases to hold office on that repeal.(2) Any such member is not entitled to any remuneration or compensation because of the loss of that office as a consequence of the amendments made by the amending Act.126 Application to existing development applications and consents
(1) The amendment made to section 86A by the amending Act does not apply to or in respect of a complying development certificate issued before the commencement of the amendment.(2) (Repealed)(3) The amendments made to section 95A by the amending Act apply to or in respect of a development consent granted before the commencement of those amendments.