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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 15 June 2018 to date (accessed 23 June 2018 at 21:40)
Part 2
Part 2 Planning administration
Division 2.1 Minister and Planning Secretary
2.1   The Minister
(cf previous s 7)
(1)  The Minister has portfolio responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902.
(2)  The Minister has the functions conferred or imposed on the Minister under this Act.
2.2   The Planning Secretary
(cf previous ss 13, 15, 17)
(1)  The Planning Secretary has departmental responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902.
(2)  The Planning Secretary has the functions conferred or imposed on the Planning Secretary under this Act.
(3)  The Planning Secretary may provide advice, recommendations and reports to the Minister in connection with the administration of this Act (whether on the Planning Secretary’s own initiative or as required by the Minister).
(4)  The Planning Secretary is, in the exercise of any function under this Act, subject to the control and direction of the Minister (except in relation to the contents of any advice, recommendation or report provided to the Minister by the Planning Secretary).
2.3   Panels established by Minister or Planning Secretary
(cf previous s 22)
(1)  The Minister or the Planning Secretary may, by order published on the NSW legislation website, establish panels for the purposes of this Act.
(2)  The chairperson and other members of any such panel are to be appointed by the Minister or the Planning Secretary (as the case requires).
(3)  The functions of any such panel are to be as specified in the order by which it is established, and (without limitation) may include:
(a)  the investigation of any matter relevant to the administration of this Act, or
(b)  the provision of advice, recommendations or reports with respect to any such matter to the Minister, the Planning Secretary or other person or body engaged in the administration of this Act.
This subsection does not limit any functions conferred on any such panel under this or any other Act.
(4)  Any such panel is not subject to the direction or control of the Minister or the Planning Secretary (except in relation to the procedure of the panel and any directions under section 9.1).
(5)  The order establishing any such panel is to specify the name of the panel. The word “panel” is not required to be included in the name of the panel.
(6)  Schedule 2 contains provisions with respect to the members and procedure of any such panel.
(7)  The regulations may make provision for or with respect to the functions, members and procedure of any such panel.
(8)  Any such panel is a NSW Government agency, unless the order by which it is established provides that it is not a NSW Government agency.
Note.
 By virtue of section 13A of the Interpretation Act 1987, a NSW Government agency has the status, privileges and immunities of the Crown.
2.4   Delegation by Minister, Planning Ministerial Corporation or Planning Secretary
(cf previous s 23)
(1)  The Minister, the Planning Ministerial Corporation or the Planning Secretary may delegate any of their functions under this Act to:
(a)  a person employed in the Department of Planning and Environment, or
(b)  the Greater Sydney Commission, or
(c)  the Independent Planning Commission, or
(d)  a Sydney district planning panel, or
(e)  a regional planning panel, or
(f)  a public authority or member of staff of a public authority, or
(g)  a council or member of staff of a council, or
(h)  a person, or person of a class, authorised for the purposes of this section by the regulations.
(2)  A reference in this section to a function under this Act includes a reference to:
(a)  a function of the Minister under any other Act that is conferred or imposed on the Minister in his or her capacity as the Minister administering this Act or in connection with the administration of this Act, or
(b)  a function of the Planning Ministerial Corporation under any other Act, or
(c)  a function of the Planning Secretary under any other Act that is conferred or imposed on the Planning Secretary in connection with the administration of this Act.
(3)  This section does not authorise the delegation of:
(a)  the power of delegation conferred by this section, or
(b)  the function of the Minister under Division 5.2 of determining an application for approval to carry out critical State significant infrastructure, or
(c)  any function of the Minister of giving directions under section 9.1 or of appointing a planning administrator or exercising other functions under section 9.6.
Division 2.2 Planning Ministerial Corporation
2.5   Constitution and functions of Corporation
(cf previous s 8)
(1)  There is constituted by this Act a corporation with the corporate name of the Planning Ministerial Corporation.
(2)  The Planning Ministerial Corporation has such functions as are conferred or imposed on it under this or any other Act.
(3)  The Planning Ministerial Corporation is a NSW Government agency.
2.6   Management of Corporation
(cf previous s 8)
(1)  The affairs of the Planning Ministerial Corporation are to be managed by the Planning Secretary in accordance with any directions of the Minister.
(2)  Any act, matter or thing done in the name of, or on behalf of, the Planning Ministerial Corporation by the Planning Secretary, or with the authority of the Planning Secretary, is taken to have been done by the Corporation.
(3)  The regulations may make provision with respect to the seal of the Planning Ministerial Corporation.
(4)  The annual report of the Planning Ministerial Corporation is to be published as part of the annual report of the Department of Planning and Environment.
Note.
 Schedule 2 contains property provisions relating to the Planning Ministerial Corporation and Division 7.3 contains financial provisions relating to the Corporation.
Division 2.3 Independent Planning Commission
2.7   Independent Planning Commission
(cf previous s 23B)
(1)  There is constituted by this Act a corporation with the corporate name of the Independent Planning Commission of New South Wales.
(2)  The Commission is not subject to the direction or control of the Minister (except in relation to the procedure of the Commission and any directions authorised to be given to the Commission under section 9.1 or other provision of this Act).
(3)  The Commission is a NSW Government agency.
2.8   Members of Commission
(cf previous Sch 3, cl 2)
(1)  The Independent Planning Commission is to consist of such members as are appointed by the Minister.
(2)  One member of the Commission is, in the instrument of appointment or a subsequent instrument, to be appointed as the chairperson of the Commission.
(3)  Each member is to have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, soil or agricultural science, hydro-geology, mining or petroleum development, traffic and transport, law, engineering, tourism or government and public administration.
(4)  In appointing a member of the Commission, the Minister is to have regard to the need to have a range of expertise represented among the Commission’s members.
(5)  The Minister may appoint additional members of the Commission for the purposes of exercising specific functions of the Commission. An additional member is not required to have expertise in an area referred to in this section but is required to have expertise in an area relevant to the functions the member is to exercise.
2.9   Functions of Commission
(cf previous s 23D)
(1)  The Independent Planning Commission has the following functions:
(a)  the functions of the consent authority under Part 4 for State significant or other development that are (subject to this Act) conferred on it under this Act,
(b)  any functions under this Act that are delegated to the Commission,
(c)  to advise the Minister or the Planning Secretary on any matter on which the Minister or the Planning Secretary requests advice from the Commission,
(d)  to hold a public hearing into any matter into which the Minister requests the Commission to hold a public hearing,
(e)  any function of a Sydney district or regional planning panel or a local planning panel in respect of a particular matter that the Minister requests the Commission to exercise (to the exclusion of the panel),
(f)  if a Sydney district or regional planning panel has not been appointed for any part of the State, any function that is conferred on any such panel under an environmental planning instrument applicable to that part or that is otherwise conferred on any such panel under this Act,
(g)  any other function conferred or imposed on it under this or any other Act.
Note.
 Division 5 of Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 provides that a subcommittee appointed by the Independent Planning Commission exercises the gateway functions of the Mining and Petroleum Gateway Panel under that Policy.
(2)  The matters on which advice may be provided under subsection (1) (c), or into which a public hearing may be held under subsection (1) (d), include any general or particular planning or development matter, the administration of this Act or any related matter.
2.10   Constitution of Commission for particular matters
(cf previous Sch 3, cl 4)
(1)  For the purpose of exercising any of its functions with respect to a particular matter, the Independent Planning Commission is, subject to any direction of the Minister under this section, to be constituted by one or more members determined by the chairperson of the Commission.
(2)  The Minister may give any of the following directions to the chairperson with respect to the constitution of the Commission for a particular matter or class of matters:
(a)  a direction as to the number of members that are to constitute the Commission,
(b)  a direction as to the specified members, or members with specified qualifications or expertise, that are to constitute the Commission.
(3)  The Commission may, at any time, exercise by the same or different members one or more of its functions.
2.11   Miscellaneous provisions relating to Commission
(cf previous ss 23C, 23E)
(1)  Schedule 2 contains provisions with respect to the Independent Planning Commission (including with respect to public hearings by, and to the members and procedures of, the Commission).
(2)  The work of the Independent Planning Commission is, subject to this Act, to be allocated by the chairperson of the Commission. The chairperson may nominate another member to allocate the work of the Commission during any period the chairperson is unavailable.
(2A)  The allocation of the work of the Commission includes the determination of the constitution of the Commission for the matter in accordance with section 2.10.
(3)  The Independent Planning Commission may:
(a)  arrange for the use of the services of any staff or facilities of the Department of Planning and Environment or other public authority, and
(b)  engage such consultants as it requires to exercise its functions.
(4)  The Independent Planning Commission may, with the approval of the Minister, delegate any function of the Commission under this or any other Act (other than this power of delegation) to any person or body specified in the Minister’s approval.
Division 2.4 Sydney district and regional planning panels
2.12   Constitution of Sydney district and regional planning panels
(cf previous s 23G)
(1)  The Sydney district planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the Greater Sydney Region so specified in relation to each such panel.
(2)  The regional planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the State (other than the Greater Sydney Region) so specified in relation to each such panel.
(3)  A Sydney district or regional planning panel is not subject to the direction or control of the Minister (except in relation to the procedure of the panel and any directions authorised to be given to the panel under section 9.1 or other provision of this Act).
(4)  A Sydney district or regional planning panel is a NSW Government agency.
(5)  The Minister may, by order published on the NSW legislation website, amend Part 3 of Schedule 2 for any of the following purposes:
(a)  to constitute a Sydney district planning panel and to specify the part of the Greater Sydney Region for which it is constituted (including by constituting a single panel for the whole of the Region),
(b)  to constitute a regional planning panel and to specify the part of the State (other than the Greater Sydney Region) for which it is constituted,
(c)  to abolish a Sydney district or regional planning panel,
(d)  to change the name of a Sydney district or regional planning panel or to change the part of the Greater Sydney Region or State for which it is constituted,
(e)  to make savings and transitional provisions consequent on any of the above.
2.13   Members of Sydney district and regional planning panels
(cf previous Sch 4, cl 2)
(1)  A Sydney district planning panel is to consist of the following 5 members:
(a)  3 members appointed by the Minister (the State members),
(b)  2 nominees of an applicable council (the council nominees) who are councillors, members of council staff or other persons nominated by the council.
(2)  A regional planning panel is to consist of the following 5 members:
(a)  3 members appointed by the Minister (the State members),
(b)  2 nominees of an applicable council (the council nominees) who are councillors, members of council staff or other persons nominated by the council.
(3)  A person is not eligible to be a member of a Sydney district or regional planning panel if the person is:
(a)  a property developer within the meaning of section 96GB of the Election Funding, Expenditure and Disclosures Act 1981, or
Note.
 Section 96GB (1) of the Election Funding, Expenditure and Disclosures Act 1981 provides that property developer includes a person who is a close associate of a property developer.
(b)  a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002.
However, a person is not ineligible to be a member of a Sydney district or regional planning panel merely because the person carries on the business of a planning consultant.
(4)  The State members of a Sydney district or regional planning panel are to be persons who have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration. In appointing State members, the Minister is to have regard to the need to have a range of expertise represented among the panel’s members.
(5)  At least one of the council nominees of a Sydney district or regional planning panel is to be a person who has expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.
(6)  Each applicable council is to nominate 2 persons as council nominees for the purposes of a Sydney district or regional planning panel. If an applicable council fails to nominate one or more council nominees, a Sydney district or regional planning panel is not required to include 2 council nominees for the purposes of exercising its functions in relation to the area of the council concerned.
(7)  For the purposes of exercising the functions of a Sydney district or regional planning panel in relation to a matter, the council nominees on the panel are to be those nominated by the applicable council for the land to which the matter relates.
(8)  In this section:
applicable council means the council of an area that is situated (wholly or partly) in a part of the State for which a Sydney district or regional planning panel is constituted.
2.14   Chairperson of Sydney district and regional planning panels
(cf previous Sch 4, cl 2)
(1)  One of the State members of a Sydney district or regional planning panel is to be appointed by the Minister as chairperson of the panel.
(2)  The Minister is required to obtain the concurrence of Local Government NSW to the appointment of a chairperson unless Local Government NSW:
(a)  fails to notify its concurrence or refusal to concur within 21 days of being requested to do so by the Minister, or
(b)  refuses to concur in the appointment of 2 different persons proposed by the Minister.
2.15   Functions of Sydney district and regional planning panels
(cf previous s 23G)
A Sydney district or regional planning panel has the following functions:
(a)  the functions of the consent authority under Part 4 for regionally significant development that are (subject to this Act) conferred on it under this Act,
(b)  any functions under this Act of a council within its area that are conferred on it under section 9.6,
(c)  to advise the Minister or the Planning Secretary as to planning or development matters relating to the part of the State for which it is constituted (or any related matters) if requested to do so by the Minister or the Planning Secretary,
(d)  any other function conferred or imposed on it under this or any other Act.
Note.
 Under section 9.7, a panel (or the Independent Planning Commission if acting in place of the panel) is, in the exercise of a function referred to in paragraph (b), taken to be the council and is to exercise the function to the exclusion of the council.
2.16   Miscellaneous provisions relating to Sydney district and regional planning panels
(cf previous ss 23H, 118AD, 118AE)
(1)  Schedule 2 contains provisions with respect to the members and procedure of Sydney district or regional planning panels.
(2)  A Sydney district or regional planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision.
(3)  The regulations may make provision for or with respect to the following:
(a)  the functions conferred under this Act on a Sydney district or regional planning panel, including its procedures in exercising its functions,
(b)  without limiting paragraph (a), providing that parties to matters being determined by a Sydney district or regional planning panel are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances,
(c)  the provision of information and reports by Sydney district or regional planning panels.
(4)  The Planning Secretary is, in the annual report of the Department of Planning and Environment, to report on the activities of Sydney district or regional planning panels during the reporting year under section 9.6.
(5)  Legal proceedings by or against a Sydney district or regional planning panel are to be taken in the name of the panel and not by or against the members of the panel.
(6)  A Sydney district or regional planning panel may, with the approval of the Minister, delegate any function of the panel under this or any other Act (other than this power of delegation) to:
(a)  a council, or
(b)  a local planning panel of a council, or
(c)  the general manager or other staff of a council,
for any area or part of any area for which the Sydney district or regional planning panel is constituted.
(7)  For the avoidance of doubt, a member of a Sydney district or regional planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988.
Division 2.5 Local planning panels
2.17   Constitution of local planning panels
(1)  A council may constitute a single local planning panel for the whole of the area of the council.
(2)  The following councils must constitute a single local planning panel for the whole of the area of the council:
(a)  the council of an area that is wholly within the Greater Sydney Region,
(b)  the council of the City of Wollongong,
(c)  the council of any other area prescribed by the regulations.
(3)  A single local planning panel may be constituted by 2 or more councils. In that case, any function exercisable by a council in relation to the panel is to be exercised jointly by all those councils.
(4)  The Minister may, under section 9.1, direct 2 or more particular councils referred to in subsection (2) to constitute a single local planning panel.
(5)  If a council fails to constitute a local planning panel that it is required to constitute, the Minister may constitute the panel and for that purpose is taken to be the council.
(6)  A local planning panel is subject to any directions of the Minister under section 9.1.
(7)  A local planning panel is not subject to the direction or control of the council, except in relation to any matter relating to the procedure of the panel (or to the time within which it is to deal with a matter) that is not inconsistent with any directions of the Minister under section 9.1.
2.18   Members of local planning panels
(1)  The members of a local planning panel are to be appointed by the relevant council.
(2)  Each local planning panel is to comprise (subject to this section) the following 4 members:
(a)  an approved independent person appointed as the chairperson of the panel with relevant expertise that includes expertise in law or in government and public administration,
(b)  2 other approved independent persons with relevant expertise,
(c)  a representative of the local community who is not a councillor or mayor.
(3)  A person is not eligible to be a member of a local planning panel constituted by a council if the person is:
(a)  a councillor of that or any other council, or
(b)  a property developer within the meaning of section 96GB of the Election Funding, Expenditure and Disclosures Act 1981, or
Note.
 Section 96GB (1) of the Election Funding, Expenditure and Disclosures Act 1981 provides that property developer includes a person who is a close associate of a property developer.
(c)  a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002.
However, a person is not ineligible to be a member of a local planning panel merely because the person carries on the business of a planning consultant.
(4)  For the purposes of this section, an approved independent person is an independent person approved by the Minister for appointment to the local planning panel or a person selected from a pool of independent persons approved by the Minister for appointment to the local planning panel. The Minister may approve different pools of independent persons.
(5)  If the area of the relevant council is divided into wards, the council is to appoint representatives of the local community for each ward as members of the local planning panel. All those representatives are entitled to attend a meeting of the local planning panel, but only one of them designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel.
(6)  The representative so designated by the chairperson for a matter before the panel is to be the representative for the ward that the chairperson considers is most closely associated with that matter.
(7)  Relevant expertise for the purposes of this section is expertise in at least one area of planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism or government and public administration.
2.19   Functions of local planning panels
(1)  A local planning panel constituted by a council has the following functions:
(a)  the specified functions of a council as a consent authority under Part 4 that are conferred on it under this Act,
(b)  to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 3.33 and that is referred to the panel by the council,
(c)  to advise the council on any other planning or development matter that is to be determined by the council and that is referred to the panel by the council.
(2)  The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the planning proposals that are required to be referred to a local planning panel for advice.
(3)  This section does not limit the functions that may be exercised by a local planning panel under this Act.
2.20   Miscellaneous provisions relating to local planning panels
(1)  Schedule 2 contains provisions with respect to the members and procedure of local planning panels.
(2)  A local planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision.
(3)  The regulations may make provision for or with respect to the following:
(a)  the functions conferred under this Act on local planning panels, including the procedures of panels in exercising their functions,
(b)  without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances,
(c)  the provision of information or reports by councils with respect to the exercise of functions by local planning panels.
(4)  The council is to provide staff and facilities for the purpose of enabling a local planning panel to exercise its functions.
(5)  The council is to monitor the performance of local planning panels constituted by the council.
(6)  A council that has constituted a local planning panel must provide a report to the Planning Secretary, each year or other period directed by the Planning Secretary, as to the following:
(a)  whether a local planning panel had been constituted by the council during the reporting period,
(b)  the matters referred to the panel in the reporting period,
(c)  the persons appointed to the panel,
(d)  any other matters relating to the exercise of functions by the panel as directed by the Planning Secretary.
(7)  Legal proceedings by or against a local planning panel are to be taken in the name of the panel and not by or against the members of the panel.
(8)  A local planning panel may delegate any function of the panel under this or any other Act (other than this power of delegation) to the general manager or other staff of the council. Section 381 of the Local Government Act 1993 does not apply to any such delegation.
(9)  For the avoidance of doubt, a member of a local planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988.
Division 2.6 Community participation
2.21   Planning authorities and functions subject to community participation requirements
(1)  This Division applies to the following planning authorities:
(a)  the Minister,
(b)  the Planning Secretary,
(c)  the Greater Sydney Commission,
(d)  the Independent Planning Commission,
(e)  a Sydney district or regional planning panel,
(f)  a council,
(g)  a local planning panel,
(h)  a determining authority under Part 5,
(i)  a public authority prescribed by the regulations.
(2)  This Division applies to the exercise of the following planning functions by any such planning authority (relevant planning functions):
(a)  planning instrument functions under Part 3,
(b)  development consent functions under Part 4,
(c)  environmental impact assessment functions under Division 5.1 if an environmental impact statement is required,
(d)  State significant infrastructure approval functions under Division 5.2,
(e)  contribution plan functions under Part 7,
(f)  any other function under this Act prescribed by the regulations.
2.22   Mandatory community participation requirements
(1)  Part 1 of Schedule 1 sets out the mandatory requirements for community participation by planning authorities with respect to the exercise of relevant planning functions.
Note.
 The mandatory requirements include public exhibition for a minimum period, public notification requirements and the giving of reasons for decisions by planning authorities. The regulations under that Schedule may also require community consultation by applicants for consents or other approvals.
(2)  Those mandatory requirements for community participation include any other forms of community participation that are set out in a community participation plan under this Division and that are identified in that plan as mandatory requirements.
2.23   Community participation plans—preparation
(1)  A planning authority to which this Division applies is required to prepare a community participation plan about how and when it will undertake community participation when exercising relevant planning functions (subject to this section).
Note.
 Schedule 1 requires a proposed plan to be publicly exhibited for at least 28 days.
(2)  A planning authority is to have regard to the following when preparing a community participation plan:
(a)  The community has a right to be informed about planning matters that affect it.
(b)  Planning authorities should encourage effective and on-going partnerships with the community to provide meaningful opportunities for community participation in planning.
(c)  Planning information should be in plain language, easily accessible and in a form that facilitates community participation in planning.
(d)  The community should be given opportunities to participate in strategic planning as early as possible to enable community views to be genuinely considered.
(e)  Community participation should be inclusive and planning authorities should actively seek views that are representative of the community.
(f)  Members of the community who are affected by proposed major development should be consulted by the proponent before an application for planning approval is made.
(g)  Planning decisions should be made in an open and transparent way and the community should be provided with reasons for those decisions (including how community views have been taken into account).
(h)  Community participation methods (and the reasons given for planning decisions) should be appropriate having regard to the significance and likely impact of the proposed development.
(3)  For the purposes of this Division:
(a)  a community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by the Minister, and
(b)  a general community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by determining authorities under Division 5.1 (other than councils or prescribed public authorities), and
(c)  the regulations may provide that the community participation plan of a planning authority applies to the exercise of relevant planning functions by another planning authority and that the other planning authority is not required to prepare its own community participation plan.
(4)  A council need not prepare a separate community participation plan if it includes all the matters required under this section in its plan and strategies under section 402 of the Local Government Act 1993.
2.24   Community participation plans—miscellaneous provisions
(1)  Community participation plans are to be published on the NSW planning portal.
(2)  If the validity of a community participation plan has not been challenged in proceedings commenced in the Court within 3 months after the plan is published, the plan is taken to have been validly made under this Division.
(3)  Community participation plans are to be reviewed periodically.
(4)  The regulations may make provision for or with respect to:
(a)  the form, content and procedures for making and publishing community participation plans (or any amendment of those plans), and
(b)  reports on the implementation of community participation plans.
Division 2.7 Miscellaneous
2.25   NSW planning portal and other online services and information
(cf previous ss 158B, 158C)
(1)  The Planning Secretary is to establish and facilitate the online delivery of planning services and information (including the NSW planning portal).
(2)  Schedule 3 contains provisions relating to the NSW planning portal and the online delivery of those services and information.
2.26   Obligation of Commission and panels to consult with council about certain decisions
(cf previous s 23M)
(1)  The Independent Planning Commission or a Sydney district or regional planning panel must not exercise a function that will result in the making of a decision that will have, or that might reasonably be expected to have, a significantly adverse financial impact on a council until after it has consulted with the council.
(2)  This section does not apply to the determination of a development application made by a council.
2.27   Obligations of councils to assist Commission and panels
(cf previous s 23N)
(1)  The Independent Planning Commission or a Sydney district or regional planning panel is entitled, on request made to the general manager of a council:
(a)  to have access to, and to make copies of and take extracts from, records of the council relevant to the exercise of the Commission’s or panel’s functions, and
(b)  to the use of the staff and facilities of the council in order to exercise the Commission’s or panel’s functions, and
(c)  to any other assistance or action by the council for the purposes of exercising the Commission’s or panel’s functions.
(2)  The regulations may make provision with respect to assistance and action under this section.
2.28   Exclusion of personal liability
(cf previous ss 23 (9), 158)
A matter or thing done, or omitted to be done, by:
(a)  the Minister, or
(b)  the Planning Secretary, or
(c)  any person employed in the Department of Planning and Environment, or
(d)  an investigation officer under Part 9, or
(e)  a member of a panel established by the Minister or the Planning Secretary under this Part, or
(f)  a member of the Independent Planning Commission, or
(g)  a member of a Sydney district or regional planning panel, or
(h)  a member of a local planning panel, or
(i)  any individual acting under the direction of a person or body referred to above, or
(j)  any individual acting as the delegate of a person or body referred to above,
does not subject the Minister, the Planning Secretary or any such person, officer, member or individual so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of the administration of this Act.
2.29   Delegation by public authorities other than councils
(cf previous s 153A)
(1)  In this section, public authority does not include a council.
Note.
 See sections 377–381 of the Local Government Act 1993 in relation to the delegation of functions by councils.
(2)  A public authority may delegate any function of the public authority under this Act (other than this power of delegation) to a member of staff of the public authority. If the public authority is a chief executive officer, the function may be delegated to any member of staff of the public authority of which he or she is the chief executive officer.
(3)  A member of staff of a public authority may delegate any function of the member of staff under this Act (other than this power of delegation) to any other member of staff of the public authority. However, if the function is a delegated function, the function cannot be subdelegated unless subdelegation is authorised by the terms of the original delegation.
(4)  A power conferred by this section is in addition to any other power of delegation of the public authority or member of staff or any power of a person to exercise functions on behalf of the public authority.
2.30   Section 381 of Local Government Act 1993 excluded
Section 381 of the Local Government Act 1993 does not apply to a delegation under this Act to the general manager or other employee of a council.
2.31   Publication of instruments of delegation
(1)  Any instrument of delegation under this Act by the Minister, the Planning Ministerial Corporation, the Planning Secretary, the Independent Planning Commission, a Sydney district planning panel or a regional planning panel is to be published on the NSW planning portal.
(2)  Failure to comply with this section does not affect the validity of any such delegation.