Environmental Planning and Assessment Act 1979 No 203
Division 5 Special procedure for integrated development
90 Application of this Division
(1) This Division applies to integrated development.(2) However, this Division does not apply to development the subject of a development application made by or on behalf of the Crown (within the meaning of Division 4), other than development that requires a heritage approval.
In this Division:approval means a consent, licence, permit, permission or any form of authorisation.approval body means a person who may grant an approval.first renewal of an approval means, in the case of an environment protection licence under the Protection of the Environment Operations Act 1997, the first review of the licence under section 78.grant an approval includes give or issue an approval.heritage approval means an approval in respect of the doing or carrying out of an act, matter or thing referred to in section 57 (1) of the Heritage Act 1977.
91 What is “integrated development”?
(1) Integrated development is development (not being State significant development or complying development) that, in order for it to be carried out, requires development consent and one or more of the following approvals:
Act Provision Approval s 144 aquaculture permit s 201 permit to carry out dredging or reclamation work s 205 permit to cut, remove, damage or destroy marine vegetation on public water land or an aquaculture lease, or on the foreshore of any such land or lease s 219 permit to:(a) set a net, netting or other material, or(b) construct or alter a dam, floodgate, causeway or weir, oracross or within a bay, inlet, river or creek, or across or around a flat(c) otherwise create an obstruction, s 58 approval in respect of the doing or carrying out of an act, matter or thing referred to in s 57 (1) s 15 approval to alter or erect improvements within a mine subsidence district or to subdivide land therein ss 63, 64 grant of mining lease s 90 grant of Aboriginal heritage impact permit s 16 grant of production lease ss 43 (a), 47 and 55 Environment protection licence to authorise carrying out of scheduled development work at any premises. ss 43 (b), 48 and 55 Environment protection licence to authorise carrying out of scheduled activities at any premises (excluding any activity described as a “waste activity” but including any activity described as a “waste facility”). ss 43 (d), 55 and 122 Environment protection licences to control carrying out of non-scheduled activities for the purposes of regulating water pollution resulting from the activity. s 138 consent to:(a) erect a structure or carry out a work in, on or over a public road, or(b) dig up or disturb the surface of a public road, or(c) remove or interfere with a structure, work or tree on a public road, or(d) pump water into a public road from any land adjoining the road, or(e) connect a road (whether public or private) to a classified road s 100B authorisation under section 100B in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes ss 89, 90, 91 water use approval, water management work approval or activity approval under Part 3 of Chapter 3(1A) Development is integrated development in respect of a licence that may be granted under the Protection of the Environment Operations Act 1997 to control the carrying out of non-scheduled activities for the purpose of regulating water pollution only if:(a) the development application stipulates that an application for such a licence has been or will be made in respect of the development, or(b) the Environment Protection Authority notifies the consent authority in writing before the development application is granted or refused that an application for such a licence has been or may be made in respect of the development.(2) Development is not integrated development in respect of an Aboriginal heritage impact permit required under Part 6 of the National Parks and Wildlife Act 1974 unless:(a) an Aboriginal object referred to in that Part is known, immediately before the development application is made, to exist on the land to which the development application applies, or(b) the land to which the development application applies is an Aboriginal place within the meaning of that Act immediately before the development application is made.(3) Development is not integrated development in respect of the consent required under section 138 of the Roads Act 1993 if, in order for the development to be carried out, it requires the development consent of a council and the approval of the same council.(4) Development is not integrated development in respect of the approval required under section 57 of the Heritage Act 1977 if the approval that is required is the approval of a council.
91A Development that is integrated development
(1) This section applies to the determination of a development application for development that is integrated development.(2) Before granting development consent to an application for consent to carry out the development, the consent authority must, in accordance with the regulations, obtain from each relevant approval body the general terms of any approval proposed to be granted by the approval body in relation to the development. Nothing in this section requires the consent authority to obtain the general terms of any such approval if the consent authority determines to refuse to grant development consent.(3) A consent granted by the consent authority must be consistent with the general terms of any approval proposed to be granted by the approval body in relation to the development and of which the consent authority is informed. For the purposes of this Part, the consent authority is taken to have power under this Act to impose any condition that the approval body could impose as a condition of its approval.(4) If the approval body informs the consent authority that it will not grant an approval that is required in order for the development to be lawfully carried out, the consent authority must refuse consent to the application.(5) If the approval body fails to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of its approval:(a) the consent authority may determine the development application, anddespite any other Act or law.(b) if the consent authority determines the development application by granting consent:(i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and(ii) an approval granted by the approval body must not be inconsistent with the development consent, and(iii) section 93 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority,(6) If a development application is determined, whether or not by the granting of development consent, the consent authority must notify all relevant approval bodies of the determination.Note.If a dispute arises under this section between a consent authority and an approval body, the dispute may be dealt with under section 121.
92 Consent authority may not refuse certain development applications
(1) This section applies to the determination by a consent authority of a development application for development that is integrated development for which a heritage approval is required.(2) A consent authority must not refuse development consent on heritage grounds if the same development is the subject of a heritage approval.
92A Effect of giving notice
If, in relation to integrated development:(a) notice of a development application is given under section 79 or 79A, and(b) the consent authority obtains from an approval body the general terms of any approval proposed to be granted by the approval body in relation to the development or the approval body fails to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval or of the general terms of its approval, andthe notice is taken to be notice duly given for the purpose of any law that requires the giving of public notice in relation to an application for the approval of the approval body to that development.(c) the consent authority determines the application by granting consent,
93 Granting and modification of approval by approval body
(1) Despite any other Act or law, an approval body must, in respect of integrated development for which development consent has been granted following the provision by the approval body of the general terms of the approval proposed to be granted by the approval body in relation to the development, grant approval to any application for approval that is made within 3 years after the date on which the development consent is granted if, within that 3-year period, the development consent has not lapsed or been revoked.(2) The approval may be granted subject to conditions that are not inconsistent with the development consent. Neither the provisions of section 80A (6)–(10) nor the imposition of conditions as to security by the consent authority prevent an approval body from imposing conditions, or additional conditions, as to security.(3) Subsection (1) does not apply to or limit the granting of approval to an application for renewal of an approval.(4) An approval body cannot vary the terms of an approval granted for integrated development for which development consent has been granted before the expiration, lapsing or first renewal of the approval, whichever first occurs, other than to make variations that are not inconsistent with the development consent.(5) Subsection (4) does not prevent:(a) the modification, in accordance with section 96 or 96A, of the development consent at any time, or(b) if a development consent is modified as referred to in paragraph (a) before the expiration, lapsing or first renewal, whichever first occurs, of the approval, the modification in accordance with law of the approval to any necessary consequential extent, or(c) the exercise by the approval body of any of its other functions, such as the issuing of orders, the suspension or cancellation of an approval or the prosecution of offences.
93A Effect of approval if the approval body is also a concurrence authority
If the concurrence of a person who is also an approval body is required before a consent authority may grant a development consent, the granting of the general terms of its approval is taken to also grant the concurrence provided that the matters to be considered in granting the general terms of its approval are the same as those required to be considered in deciding whether or not to grant the concurrence.
93B Rights of appeal
(1) Applicant’s appeal rights This Division does not affect any right of objection, appeal or review conferred on an applicant for an approval under the Act that provides for the granting of the approval, except as provided by subsection (2).(2) Restriction on appellate body Despite any other Act or law, section 93 applies to a person, court or tribunal that deals with an objection, appeal or review referred to in this section in the same way as it applies to an approval body.