Environmental Planning and Assessment Act 1979 No 203
Division 4.10 Miscellaneous Part 4 provisions
4.58 Register of consents and certificates
(cf previous s 100)
(1) A council must, in the prescribed form and manner (if any), keep a register of:(a) applications for development consent, and(b) the determination of applications for development consent (including the terms of development consents granted under this Part), and(c) the determination of applications for complying development certificates (including the terms of complying development certificates issued under this Part), and(d) decisions on appeal from any determination made under this Part.(2) The register is to be available for public inspection, without charge, at the office of the council during ordinary office hours.
4.59 Validity of development consents and complying development certificates
(cf previous s 101)
If public notice of the granting of a consent or a complying development certificate is given in accordance with the regulations by a consent authority or a certifier, the validity of the consent or certificate cannot be questioned in any legal proceedings except those commenced in the Court by any person at any time before the expiration of 3 months from the date on which public notice was so given.
4.60 Non-compliance with certain provisions regarding State significant development
(cf previous s 102)
(1) This section applies to a development consent granted, or purporting to be granted, by the Minister, before or after the commencement of this section.(2) The only requirements of this Act that are mandatory in connection with the validity of a development consent to which subsection (1) applies are as follows:(a) A requirement that a development application to carry out State significant development or designated development and its accompanying information be publicly exhibited for the minimum period of time.(b) A requirement that a development application to carry out development, being development, other than State significant development or designated development, to which some or all of the provisions of sections 4.25, 4.27, 86, 4.30 (1) and 4.44, as in force immediately before the commencement of this section, applied by virtue of an environmental planning instrument, as referred to in section 3.18 (4), as then in force, be publicly exhibited for the minimum period of time.(c) (Repealed)
4.61 Revocation or regrant of development consents after order of Court
(cf previous s 103)
(1) This section applies to a development consent granted, or purporting to be granted, by a consent authority, to which an order of suspension applies under section 25B of the Land and Environment Court Act 1979.(2) The consent authority may revoke a development consent to which this section applies, whether or not the terms imposed by the Court under section 25B of the Land and Environment Court Act 1979 have been complied with.(3) However, if the terms imposed by the Court have been substantially complied with, the consent authority may revoke the development consent to which this section applies and grant a new development consent with such alterations to the revoked consent as the consent authority thinks appropriate having regard to the terms themselves and to any matters arising in the course of complying with the terms. Such a grant of a development consent is referred to as a regrant of the consent.(4) No preliminary steps need be taken with regard to the regrant of a development consent under this section, other than those that are required to secure compliance with those terms.(5) Section 4.18 and such other provisions of this Act as may be prescribed by the regulations apply to development consents regranted under this section.
4.62 Appeals and other provisions relating to development consents after order of Court
(cf previous s 104)
(1) A development consent declared to be valid under section 25C of the Land and Environment Court Act 1979:(a) is final and the provisions of Part 8 do not apply to or in respect of it, and(b) is operative as from the date the development consent originally took effect or purported to take effect, unless the Court otherwise orders.(2) A development consent declared under section 25C of the Land and Environment Court Act 1979 to be validly regranted:(a) is final and the provisions of Part 8 do not apply to or in respect of it, and(b) takes effect from the date of the declaration or another date specified by the Court.
4.63 Voluntary surrender of development consent
(cf previous s 104A)
(1) A development consent may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the consent.(2) A development consent may be surrendered under this section even if, on an appeal under Part 8, the consent has ceased to be, or does not become, effective.(3) If a development consent is to be surrendered as a condition of a new development consent and the development to be authorised by that new development consent includes the continuation of any of the development authorised by the consent to be surrendered:(a) the consent authority is not required to re-assess the likely impact of the continued development to the extent that it could have been carried out but for the surrender of the consent, and(b) the consent authority is not required to re-determine whether to authorise that continued development under the new development consent (or the manner in which it is to be carried out), and(c) the consent authority may modify the manner in which that continued development is to be carried out for the purpose of the consolidation of the development consents applying to the land concerned.In this subsection, a reference to a development consent that is to be surrendered includes a reference to the surrender of a development consent under section 4.17 (5) or the surrender of an approval given under Part 3A when that Part was in force or continued in operation.
4.64 Regulations—Part 4
(cf previous s 105)
(1) In addition to any other matters for or with respect to which regulations may be made for the purposes of this Part, the regulations may make provision for or with respect to the following:(a) any matter that is necessary or convenient to be done before making a development application,(b) the persons who may make development applications,(c) the making, consideration and determination of development applications that are made by or on behalf of the Crown, public authorities and persons prescribed by the regulations,(c1) requiring the New South Wales Aboriginal Land Council to consent to applications for the modification of development consents relating to land owned by Local Aboriginal Land Councils,(d) the form of development applications,(e) the documents and information required to accompany development applications, including documents that will assist the consent authority in assessing the environmental effects of development,(f) the fees for development applications,(f1) the reimbursement of the costs incurred by councils in investigating and enforcing compliance with the requirements of this Act relating to development requiring consent (including complying development) by a levy on applicants making development applications and the procedures for the imposition and collection of the levies,(f2) authorising officers of a council to suspend the carrying out of work under a complying development certificate (for a period not exceeding 7 days) pending an investigation into compliance of the work with applicable development standards,(g) the notification and advertising of development applications (and proposed development),(h) the form and contents of notices of development applications, the manner of giving notices and the persons to whom notices are to be given,(i) the requirement for consultation with, or obtaining the concurrence of, the Planning Secretary, public authorities and other persons concerning proposed development,(j) the preparation, contents, form and submission of environmental impact statements and statements of environmental effects,(k) the documents and information required to accompany statements of environmental effects and environmental impact statements,(l) the making of submissions, by way of objection or otherwise, with respect to proposed development and the consideration of submissions,(m) the holding of inquiries into proposed development,(n) (Repealed)(n1) authorising a consent authority or council to impose a fee with respect to the lodging of any complying development certificate with it, whether pursuant to a requirement made by or under this Act or otherwise,(o) procedures concerning integrated development,(p), (p1) (Repealed)(q) the modification of development consents, including the fees for applications for modification,(r) the periods within which specified aspects of the environmental planning control process must be completed and the variation of those periods,(s) the effect of a failure to comply with any requirement of the regulations,(t) the notification of applicants and persons making submissions (including by way of objection) of the determination of development applications, reasons for the determinations and any rights of appeal.(2) (Repealed)(3) The regulations may provide for the accreditation of building products and systems, including the following:(a) applications for accreditation,(b) the determination of applications for accreditation,(c) revocation of accreditation,(d) extension or renewal of accreditation,(e) the adoption, application or incorporation (whether with or without modification) of a scheme of accreditation (however described) of building products and systems,(f) the notification of consent authorities of information concerning accreditation (including accreditation referred to in paragraph (e)).(4) The regulations may provide for the adoption and application of the Building Code of Australia.(5) The regulations may make provision for or with respect to the remission of part of the fees for development applications to the Planning Secretary for payment, in accordance with subsection (6), into the Building Professionals Board Fund established under the Building Professionals Act 2005.(6) The Planning Secretary is to pay into the Building Professionals Board Fund established under the Building Professionals Act 2005 such part of the fees for development applications remitted to the Planning Secretary:(a) as may be provided for in the regulations, or(b) subject to the regulations (if any), as the Minister directs to be paid into the Fund.