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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 19 November 2017 at 08:44)
Part 2A Division 4
Division 4 Local planning panels and council delegates
23I   Exercise of consent authority functions on behalf of councils where local planning panel constituted
(1)  This section applies in respect of an area of a council for which a local planning panel has been constituted under this Division.
(2)  The functions of a council as a consent authority under Part 4 in respect of any such area are not exercisable by the councillors. They are exercisable on behalf of the council by:
(a)  the local planning panel, or
(b)  an officer or employee of the council to whom the council delegates those functions, or
(c)  a regional panel on which those functions are conferred under section 23G.
(3)  The Minister may give directions to councils under section 117 (either to particular councils or to councils generally) on the development applications that are to be determined on behalf of the council by a local planning panel. This subsection does not apply to development applications that are required to be determined by a regional panel.
(4)  For the purposes of this section, the functions of a council as consent authority under Part 4 include:
(a)  the determination of development applications and applications for the modification of development consents, and
(b)  without limiting paragraph (a), the functions of a consent authority under Divisions 2 and 2A of Part 4 and sections 89A, 93I, 94, 94A, 94B, 94C, 94CA, 94EF, 94F, 95 (2), 96 (2) and 96AA, and
(c)  the functions of a consent authority or council under this Act or any other Act that relate to the carrying out of development (including the making of development applications) and that are declared by the regulations to be functions of a council as consent authority,
but do not include the functions of a consent authority or council that the regulations declare are not the functions of a council as consent authority.
23J   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.
(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 117, 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 117.
(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 117.
23K   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.
(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.
23L   Functions of local planning panels
(1)  A local planning panel constituted by a council has the following functions:
(a)  the functions of the council as a consent authority under Part 4 in respect of the area for which the panel is constituted as provided by section 23I,
(b)  to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 55 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)  Subsection (1) (a) does not exclude a delegate of the council or a regional panel exercising functions as a consent authority under this Act.
(3)  The Minister may give directions to councils under section 117 (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.
(4)  This section does not limit the functions that may be exercised by a local planning panel under this Act.
23LA   Miscellaneous provisions relating to local planning panels
(1)  Schedule 4B contains provisions with respect to the members and procedure of local planning panels.
(2)  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.
(3)  The council is to provide staff and facilities for the purpose of enabling a local planning panel to exercise its functions.
(4)  The council is to monitor the performance of local planning panels constituted by the council.
(5)  A council that has constituted a local planning panel must provide a report to the Secretary, each year or other period directed by the 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 Secretary.
(6)  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.
(7)  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.
(8)  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.