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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 1 July 2019 to date (accessed 22 August 2019 at 02:22)
Schedule 1
Schedule 1 Community participation requirements
Part 1 Mandatory community participation requirements
Division 1 Minimum public exhibition periods for plans
1   Draft community participation plans (Division 2.6)
28 days.
2   Draft regional or district strategic plans (Division 3.1)
(cf previous s 75AH)
45 days.
3   Draft local strategic planning statements (Division 3.1)
28 days.
4   Planning proposals for local environmental plans subject to a gateway determination (Division 3.4)
(cf previous s 57)
28 days or:
(a)  if a different period of public exhibition is specified in the gateway determination for the proposal—the period so specified, or
(b)  if the gateway determination specifies that no public exhibition is required because of the minor nature of the proposal—no public exhibition.
5   Draft development control plans (Division 3.6)
(cf previous cl 18 (2) of EPA Reg)
28 days.
6   Draft contribution plans (Division 7.1)
(cf previous cl 26 (4) of EPA Reg)
28 days.
Division 2 Minimum public exhibition periods for development applications and other matters
7   Application for development consent (other than for complying development certificate, for designated development or for State significant development)
14 days or:
(a)  if a different period of public exhibition is specified for the application in the relevant community participation plan—the period so specified, or
(b)  if the relevant community participation plan specifies that no public exhibition is required for the application—no public exhibition.
8   Application for development consent for designated development
(cf previous s 79)
28 days.
9   Application for development consent for State significant development
(cf previous s 89F)
28 days.
10   Application for modification of development consent that is required to be publicly exhibited by the regulations
The period (if any) determined by the consent authority in accordance with the relevant community participation plan.
11   Environmental impact statement obtained under Division 5.1
(cf previous s 113)
28 days.
12   Environmental impact statement for State significant infrastructure under Division 5.2
(cf previous s 115Z)
28 days.
13   Re-exhibition of any amended application or matter referred to above required by or under this Schedule
The period (if any) determined by the person or body responsible for publicly exhibiting the application or matter.
Division 3 Provisions relating to public exhibition
14   Publicly exhibited plans, applications etc not to be made or determined until after exhibition period
(1)  If this Part requires a plan, application or other matter to be publicly exhibited, the plan or application is not to be made or determined (or the other matter finalised) until after the minimum period of public exhibition under this Part.
(2)  If the plan, application or other matter is placed on public exhibition for a specified longer period, the plan or application is not to be made or determined (or the other matter finalised) until after that specified longer period.
15   Submissions during exhibition period
(1)  Submissions with respect to a plan, application or other matter may be made during the minimum period of its public exhibition under this Part.
(2)  If the plan, application or other matter is placed on public exhibition for a specified longer period, submissions may be made during that specified longer period.
16   Exclusion of Christmas/New Year period
The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition.
Note.
 See also section 36 (2) of the Interpretation Act 1987 for the applicable rule where an exhibition period includes a weekend or public holiday.
17   Rule where more than one exhibition period applies
If a particular matter has different exhibition or notification periods that apply under this Part, the longer period applies.
18   Provision relating to public exhibition of EIS
A public authority is not required to make available for public inspection any part of an environmental impact statement whose publication would, in the opinion of the public authority, be contrary to the public interest because of its confidential nature or for any other reason.
Division 4 Mandatory notification requirements for applications and decisions
19   Development and other applications and decisions—general
The mandatory notification requirements of development and other applications under this Act and of the making of decisions with respect to those applications under this Act are the requirements prescribed by this Part, or the requirements prescribed by the regulations, as mandatory notification requirements.
20   Public notification of certain decisions and reasons for the decisions
(1)  This clause applies to the following decisions:
(a)  the determination by the Minister (or the Independent Planning Commission) of an application for State significant infrastructure,
(b)  the determination by the Minister (or the Independent Planning Commission) of a request for a modification of an approval for State significant infrastructure (being a request that was publicly exhibited),
(c)  the determination by a consent authority of an application for development consent,
(d)  the determination by a consent authority of an application for the modification of a development consent (being an application that was publicly exhibited),
(e)  the granting of an approval, or the decision to carry out development, by a determining authority where an environmental impact statement was publicly exhibited under Division 5.1.
(2)  The mandatory notification requirement in relation to a decision to which this clause applies is public notification of:
(a)  the decision, and
(b)  the date of the decision, and
(c)  the reasons for the decision (having regard to any statutory requirements applying to the decision), and
(d)  how community views were taken into account in making the decision.
(3)  The requirement in subclause (2) (c) may be satisfied by reference to any document that contains the reasons for decision.
Part 2 General provisions
21   Additional or revised mandatory public exhibition and notification requirements
The regulations may amend Part 1 of this Schedule:
(a)  to prescribe additional mandatory requirements for community participation, or
(b)  to make other changes to that Part.
22   Regulations relating to public exhibition
(1)  The regulations may set out the method of public exhibition under this Act, how people can make submissions and how people can obtain further information.
(2)  The regulations may specify the requirements for something to be considered a submission for the purposes of this Act.
23   Re-exhibition
(1)  The regulations may specify the circumstances in which a plan or other matter is required or not required to be re-exhibited.
(2)  Re-exhibition is not required if the environmental impact of the development has been reduced or not increased.
24   Regulations relating to community consultation by applicants for planning approvals
The regulations may require applicants for development consent or other approvals under this Act (or for the modification of any such consent or approval) to undertake community consultation in relation to their applications.