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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 1 January 2018 to date (accessed 17 January 2018 at 10:01)
Part 4 Division 2 Section 78A
78A   Application
(1)  A person may, subject to the regulations, apply to a consent authority for consent to carry out development.
 Section 380AA of the Mining Act 1992 provides that an application for development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
(2)  A single application may be made in respect of one or more of the types of development referred to in paragraphs (a)–(f) of the definition of development in section 4 (1).
(3)  If the consent authority is a council, a person (other than the Crown or a person acting on behalf of the Crown) may, in the same development application, apply for development consent and approval for anything that requires approval under the following provisions of the Table to section 68 of the Local Government Act 1993, namely:
paragraph 1 of Part A
paragraph 1–6 of Part B
paragraph 1–5 of Part C
paragraph 1 of Part E
paragraph 1–5 or 10 of Part F.
(4)  In determining a development application to which subsection (3) applies, the council may apply any of the provisions of or under the Local Government Act 1993 that it could apply if the development application were an application under that Act for the relevant approval. In particular, if development consent is granted, the council may impose a condition that is authorised under that Act to be imposed as a condition of an approval.
(5)  If development consent is granted to a development application to which subsection (3) applies, the council is taken to have granted the relevant approval under the Local Government Act 1993 that authorises the activity, but that Act has no application to the approval so taken to have been granted.
(6)  In granting development consent to a development application to which subsection (3) applies, the council may, without limiting any other condition it may impose, impose, in relation to the approval taken to have been granted under the Local Government Act 1993, either or both of the following conditions:
(a)  a condition that the approval is granted only to the applicant and does not attach to or run with the land to which it applies,
(b)  a condition that the approval is granted for a specified time.
(6A)  The functions of a council under subsections (3)–(6) in relation to a development application may be exercised by a local planning panel or delegate that has the function of determining the development application on behalf of the council.
(7)  A development application cannot be made in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987) unless any consent to the development required under that Act has been obtained.
(8)  A development application for State significant development or designated development is to be accompanied by an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations.
(8A)    (Repealed)
(9)  The regulations may specify other things that are required to be submitted with a development application.