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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 18 November 2017 at 10:14)
Part 4 Division 4
Division 4 Crown developments
88   Definitions
(1)  In this Division:
applicable regional panel for development means the regional panel for the part of the State in which the development is to be carried out.
Crown development application means a development application made by or on behalf of the Crown.
(2)  A reference in this Division to the Crown:
(a)  includes a reference to a person who is prescribed by the regulations to be the Crown for the purposes of this Division, and
(b)  does not include a reference to:
(i)  a capacity of the Crown that is prescribed by the regulations not to be the Crown for the purposes of this Division, or
(ii)  a person who is prescribed by the regulations not to be the Crown for the purposes of this Division.
89   Determination of Crown development applications
(1)  A consent authority (other than the Minister) must not:
(a)  refuse its consent to a Crown development application, except with the approval of the Minister, or
(b)  impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.
(2)  If the consent authority fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the consent authority may refer the application:
(a)  to the Minister, if the consent authority is not a council, or
(b)  to the applicable regional panel, if the consent authority is a council.
(2A)  A Crown development application for which the consent authority is a council must not be referred to the Minister unless it is first referred to the applicable regional panel.
(3)  An applicable regional panel to which a Crown development application is referred may exercise the functions of the council as a consent authority (subject to subsection (1)) with respect to the application.
(4)  A decision by a regional panel in determining a Crown development application is taken for all purposes to be the decision of the council.
(5)  If an applicable regional panel fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the panel may refer the application to the Minister.
(6)  The party that refers an application under this section must notify the other party in writing that the application has been referred.
(7)  When an application is referred under this section to an applicable regional panel or the Minister, the consent authority must, as soon as practicable, submit to the panel or the Minister:
(a)  a copy of the development application, and
(b)  details of its proposed determination of the development application, and
(c)  the reasons for the proposed determination, and
(d)  any relevant reports of another public authority.
(8)  An application may be referred by a consent authority or applicable regional panel before the end of a relevant period referred to in subsection (2) or (5).
89A   Directions by Minister
(1)  On a referral being made by a consent authority or an applicable regional panel, or an applicant, to the Minister under this Division, the Minister may direct the relevant consent authority, within the time specified in the direction:
(a)  to approve the Crown development application, with or without specified conditions, or
(b)  to refuse the Crown development application.
(2)  A consent authority must comply with a direction by the Minister.
(3)  If the consent authority fails to comply, the consent authority is taken, on the last date for compliance specified in the direction, to have determined the Crown development application in accordance with the Minister’s direction.
(4)  Despite subsection (2), a consent authority may vary a condition specified by the Minister with the approval of the applicant.
89B   Modification of Crown development consents
This Division applies to an application made by or on behalf of the Crown under section 96 in the same way as it applies to an application for development consent.