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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 21 June 2019 at 01:13)
8.14 Powers of Court on appeals
(cf previous s 39 (6A) Land and Environment Court Act)
(1) In addition to any other functions and discretions that the Court has apart from this subsection, the Court has, for the purposes of hearing and disposing of an appeal under this Division, all the functions and discretions which the consent authority whose decision is the subject of the appeal had in respect of the matter the subject of the appeal.(2) The decision of the Court on an appeal under this Division is, for the purposes of this or any other Act or instrument, taken to be the final decision of that consent authority and is to be given effect to accordingly.(3) If the consent authority was under this Act required to consult or obtain the concurrence of another person or body before making the decision the subject of an appeal under this Division:(a) the Court may determine the appeal whether or not the consultation has taken place and whether or not the concurrence has been granted, and(b) in a case where the concurrence has been granted—the Court may vary or revoke any conditions imposed by that person or body or may impose any conditions that could have been imposed by that person or body.(4) If an appeal under this Division relates to integrated development:(a) the Court may determine the appeal whether or not the consent authority has obtained general terms of approval from each relevant approval body, and(b) the Court is not bound to refuse an application for development consent because a relevant approval body has decided that general terms of approval will not be determined or has decided not to grant a relevant approval, and(c) the Court may determine an appeal even though a development consent granted as a result of the appeal is inconsistent with the general terms of approval of a relevant approval body.