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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 5 July 2020 at 05:27) Current version
132 Constitution of development areas
(1) Development areas may be constituted in accordance with this section.(2) The Director-General may, by notice published in the Gazette, notify a proposal to constitute as a development area any area or areas or parts of areas specified in the notice.(3) In determining which areas or parts of areas should be included in the development area, the Director-General shall have regard to any environmental planning instruments relating to those areas or parts, environmental planning principles and such other matters as the Director-General thinks fit.(4) Within 14 days after the publication in the Gazette of the notice referred to in subsection (2), the Director-General shall, in the prescribed manner, notify the councils of the areas or parts of areas proposed to be included in the development area of the proposal and the reasons therefor and otherwise publicise the proposal.(5) Any person may, by notice in writing, lodge with the Director-General, within 3 months after the publication in the Gazette of the notice referred to in subsection (2), representations in relation to the proposal.(6) Where representations have been lodged under subsection (5), the Director-General shall refer the matter to the Minister who shall either:(a) confirm the proposal, or(b) alter the proposal by excluding, from the proposed development area, any area or part of an area other than an area or part in which the corporation has acquired land pursuant to section 9.(7) If the Minister has requested that a review be held by the Planning Assessment Commission with respect to the proposal, the Minister must not determine the application until after:(a) the review has been held, and(b) the Minister has considered the findings and recommendations of the Commission following the review.(8) If no representations are lodged under subsection (5), the proposal shall be deemed to be confirmed immediately on the expiry of the period allowed for the lodgment of representations.(9) The areas or parts of areas specified in the proposal as confirmed or altered shall, upon publication in the Gazette of a notice constituting them as a development area, be constituted as a development area under the name specified in the notice.