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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 22 April 2019 at 08:53)
Part 2 Division 2.7
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.