Environmental Planning and Assessment Regulation 2000
Historical version for 26 April 2002 to 1 July 2002 (accessed 7 August 2020 at 20:31) Current version
Part 6 Division 10
Division 10 Post-determination notifications
100   Notice of determination—what is the form of the notice?
(cf clause 68A of EP&A Regulation 1994)
(1)  For the purposes of section 81 (1) of the Act, a notice of the determination of a development application must contain the following information:
(a)  whether the application has been granted or refused,
(b)  if the application has been granted, the terms of any conditions on which it has been granted,
(c)  if the application has been refused, or granted subject to conditions, the consent authority’s reasons for the refusal or for the imposition of those conditions,
(d)  the date on which the determination was made,
(e)  the date from which any development consent that is granted operates,
(f)  the date on which any development consent that is granted lapses,
(g)  if the development involves the erection of a building, the class of the building under the Building Code of Australia,
(h)  whether a public inquiry into the application has been held under section 119 of the Act,
(i)  which approval bodies have given general terms of approval in relation to the development, as referred to in section 93 of the Act,
(j)  whether the Act gives a right of appeal against the determination to the applicant,
(k)  whether the Act gives a right of appeal against the determination to an objector.
(2)  The notice of determination must clearly identify the relevant development application by reference to its registered number.
(3)    (Repealed)
(4)  In the case of a development consent granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, or a person specified by the consent authority, as to any matter specified in the condition:
(a)  the date from which the consent operates must not be endorsed on the notice of determination, and
(b)  if the applicant satisfies the consent authority, or person, as to the matter, the consent authority must give notice to the applicant of the date from which the consent operates.
(5)    (Repealed)
(6)  If the determination is one for which concurrence was required under section 79B (3) of the Act, a copy of the notice of determination:
(a)  except as provided by paragraph (b):
(i)  must be given to the Director-General of National Parks and Wildlife, and
(ii)  must be available for public inspection, during ordinary office hours, at the head office of the National Parks and Wildlife Service, or
(b)  if the matter concerns critical habitat of fish or marine vegetation, or threatened species, populations or ecological communities of fish or marine vegetation or their habitats:
(i)  must be given to the Director of NSW Fisheries, and
(ii)  must be available for public inspection, during ordinary office hours, at the head office of NSW Fisheries.
101   What additional particulars must be included in a notice of determination to the applicant with respect to section 94 conditions?
(cf clause 69A of EP&A Regulation 1994)
The notice to an applicant concerning a development consent the subject of a section 94 condition must include the following particulars in addition to any other particulars it is required to contain:
(a)  the specific public amenity or service in respect of which the condition is imposed,
(b)  the contributions plan under which the condition is imposed,
(c)  the address of the places where a copy of the contributions plan may be inspected.
102   How soon must a notice of determination be sent?
(cf clause 69 of EP&A Regulation 1994)
(1)  A notice under section 81 (1) of the Act must be sent to each person to whom it is required by that subsection to be sent within 14 days after the date of the determination of the applicant’s development application.
(2)  For the purposes of section 81 (1) (c) of the Act, any person who made a submission under the Act in relation to a development application (whether or not involving designated development) is required to be notified of the consent authority’s determination of the application.
(3)  Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.
103   Notice under section 81A of the Act of appointment of principal certifying authority
(cf clause 70 of EP&A Regulation 1994)
A notice given under or for the purposes of section 81A (2) (b) (ii) or (4) (b) (ii) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant development consent,
(e)  the name and address of the principal certifying authority,
(f)  if the principal certifying authority is an accredited certifier:
(i)  his or her accreditation number, and
(ii)  the name of the accreditation body by which he or she is accredited, and
(iii)  a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority,
and, if the consent authority so requires, must be in the form approved by that authority.
104   Notice under section 81A of the Act of intention to commence subdivision work or erection of building
(cf clause 70 of EP&A Regulation 1994)
A notice given under or for the purposes of section 81A (2) (c) or (4) (c) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out, and
(c)  the address of the land on which the work is to be carried out, and
(d)  the registered number and date of issue of the relevant development consent,
(e)  the registered number and date of issue of the relevant construction certificate,
(f)  a statement signed by or on behalf of the principal certifying authority to the effect that all conditions of the consent that are required to be satisfied prior to the work commencing have been satisfied,
(g)  the date on which the work is intended to commence,
and, if the consent authority so requires, must be in the form approved by that authority.
105   Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
(cf clause 70A of EP&A Regulation 1994)
(1)  A notice under section 91A (6) or section 92 (7) of the Act to an approval body must be sent to the approval body within 14 days after the date of the determination of the relevant development application.
(2)  Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.