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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 21 September 2017 at 04:13)
Part 2A Division 4 Section 23I
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.