Schedule 7 Amendments to Environmental Planning and Assessment Regulation 1994

(Section 4)

[1]   Clause 71A What are the requirements for an application for modification of a development consent under sec 96 (1), (1A) or (2) of the Act?

Insert “, (1A)” after “section 96 (1)”.

[2]   Clause 72 Applications for modification of development consents granted by the Land and Environment Court or the Minister

Insert “, (1A)” after “section 96 (1)” wherever occurring in clause 72 (1).

[3]   Clause 72A Public participation—application under sec 96 (2) of the Act for modification of certain development consents

Omit clause 72A (1). Insert instead:

  

(1)  This clause applies to an application under section 96 (2) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following:

(a)  designated development,

(b)  State significant advertised development as referred to in clause 63 (1) (a) of this Regulation,

(c)  nominated integrated development as referred to in clause 63 (1) (b) of this Regulation,

(d)  any other advertised development where the application was made to a consent authority other than a council.

[4]   Clauses 72B and 72C

Insert after clause 72A:

  

72B   Public participation—application under sec 96 (2) for modification of other development consents

(1)  This clause applies to an application under section 96 (2) of the Act to which clause 72A does not apply.

(2)  An application to which this clause applies must be notified or advertised for a period not exceeding 14 days but otherwise in the same manner as the original development application was notified or advertised.

(3)  However, if the application is made to a council that has provided in a development control plan made under section 72 of the Act for the notification or advertising of such an application (or has provided that such an application is not required to be notified or advertised), the application is to be notified or advertised in accordance with the development control plan.

(4)  If an application to which this clause applies is required by this clause or a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the council to which the original development application was made.

(5)  A council referred to in subclause (4) must notify the Court of:

(a)  the manner in which the application was notified or advertised, and

(b)  any submission period required by the development control plan, and

(c)  the date (or dates) on which the application was notified or advertised.

(6)  During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.

72C   Public participation—application under sec 96 (1A) for modification of development consents

(1)  This clause applies to an application under section 96 (1A) of the Act.

(2)  If an application to which this clause applies is required by a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the council to which the original development application was made.

(3)  A council referred to in subclause (2) must notify the Court of:

(a)  the manner in which the application was notified or advertised, and

(b)  any submission period required by the development control plan, and

(c)  the date (or dates) on which the application was notified or advertised.

(4)  If a development control plan provides for a period for notification or advertising of an application, any person during that period may inspect the application and any accompanying information and make extracts from or copies of them.

[5]   Clause 91B

Insert after clause 91A:

  

91B   Concurrence or consultation with Director-General of National Parks and Wildlife

For the purposes of section 112C (3) of the Act, clauses 49A, 50, 50A, 51A and 51B of this Regulation apply (with such modifications as may be necessary) to and in respect of the granting of concurrence under section 112C in the same way as they apply to and in respect of the granting of concurrence under section 79B.

[6]   Schedule 3 Designated development

Omit the definition of drinking water catchment from Part 3 of the Schedule.

Insert instead:

  

drinking water catchment means the restricted areas prescribed by the controlling water authority, including the inner and outer catchment areas declared under the Sydney Water Catchment Management Act 1998, and catchment districts proclaimed under section 128 of the Local Government Act 1993.