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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 23 November 2017 at 18:28)
Part 2A Division 6
Division 6 Matters relating to councils and council functions
23M   Obligation to consult with council about certain decisions
The Commission or a regional 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.
23N   Obligations of councils to assist Commission and regional panels
(1)  The Commission or a regional panel is entitled:
(a)  to have access to, and to make copies of and take extracts from, records of a council relevant to the exercise of the Commission’s or panel’s functions, and
(b)  to the use of the staff and facilities of a relevant council in order to exercise the Commission’s or panel’s functions.
(2)  The general manager of a council must carry out any reasonable direction of the Commission or a regional panel relating to functions of the council being exercised by the Commission or panel.
Maximum penalty: 10 penalty units.
(3)  A member of a council, or the general manager or other member of staff of a council, must not obstruct the Commission, a regional panel or a member of the Commission or a panel in the exercise of the Commission’s or panel’s functions under this Act.
Maximum penalty: 10 penalty units.
23O   Recovery of certain costs
(1)  A council is to pay to the Secretary out of the council’s consolidated fund:
(a)  the remuneration, costs and expenses of the Commission in respect of the exercise of any functions of a consent authority involving development on land within the area of the council, and
(b)  any other costs relating to the provision of services to the Commission by the Department in respect of the exercise of any such functions.
(2)  The councils for an area or part of an area situated in a part of the State for which a regional panel has been appointed are to pay to the Secretary, out of the councils’ consolidated funds, the remuneration, costs and expenses of the panel and of the Department relating to the costs of administration of the panel.
(3)  A council is to pay, out of the council’s consolidated fund, the remuneration, costs and expenses of any local planning panel established by the council.
(5)  The Minister may do either or both of the following:
(a)  exempt a council from payment of any or all of any such remuneration, costs or expenses,
(b)  resolve any dispute as to the amount of any such remuneration, costs or expenses.