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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 20 September 2017 at 08:29)
Part 2A Division 3
Division 3 Joint regional planning panels
23G   Joint regional planning panels
(1)  The Minister may, by order published on the NSW legislation website, constitute a joint regional planning panel for a particular part of the State specified in the order.
(2)  A regional panel has the following functions:
(a)  any of a council’s functions as a consent authority that are conferred on it under an environmental planning instrument,
(b)  any functions that are conferred on it under Division 1AA (Planning administrators and panels) of Part 6,
(c)  to advise the Minister or the Secretary as to planning or development matters or environmental planning instruments relating to the part of the State for which it is appointed, or any related matters, if requested to do so by the Minister or the Secretary (as the case may be).
(2A)  An environmental planning instrument may only confer a council’s functions as consent authority on a regional panel if the development is of a class or description set out in Schedule 4A. The functions of a consent authority may only be conferred on a regional panel in accordance with subsection (2) (a) and this subsection.
(2B)  Any environmental planning instrument that is in force on the commencement of subsection (2A) ceases to have effect to the extent that it is inconsistent with that subsection.
(3)  A regional panel has the functions conferred or imposed on it by or under this or any other Act.
(3A)  Without limiting subsection (3), a regional panel may exercise functions delegated to it under this or any other Act.
(4)  A regional panel is not subject to the direction or control of the Minister, except in relation to the procedures of the regional panel and to the extent specifically provided for in this Act.
(4A)  Legal proceedings by or against a regional panel are to be taken in the name of the regional panel and not by or against the members of the regional panel.
(5)  A regional panel is a statutory body representing the Crown.
Note.
 By virtue of section 13A of the Interpretation Act 1987, a statutory body representing the Crown has the status, privileges and immunities of the Crown.
(5A)  Subject to the regulations, a regional panel is, in the exercise of functions conferred under subsection (2) (a), taken to be the council whose functions are conferred on a regional panel as referred to in subsection (2) (a).
(5B)  A regional panel is to exercise functions conferred as referred to in subsection (2) (a) to the exclusion of the applicable council (subject to any delegation under this Act).
(5C)  Subsections (5A) and (5B) apply to the Commission in its exercise of the functions of a regional panel under an environmental planning instrument that are conferred on the Commission under section 23D (1) (d) in the same way as they apply to a regional panel in the exercise of functions conferred as referred to in subsection (2) (a).
(6)  Schedule 4 has effect with respect to regional panels.
23H   Regulations
The regulations may make provision for or with respect to the following matters:
(a)  the functions conferred by this Act on a regional panel including its procedures in exercising its functions, and procedures in relation to its determination of development applications and applications to modify development consents,
(b)  the provision of information and reports by regional panels,
(c)  without limiting paragraph (a), providing that parties to matters being determined by a regional 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.