Environmental Planning and Assessment Regulation 2000
Historical version for 27 March 2009 to 30 April 2009 (accessed 6 August 2020 at 06:14) Current version
Part 2
Part 2 Local environmental plans
Division 1 Notice to Director-General
9   Notice to Director-General
(1)  As soon as practicable after resolving to prepare a draft local environmental plan, a council is to give notice of that fact to the Director-General.
(2)  The notice must contain:
(a)  the terms of the resolution passed by the council, and
(b)  such information as the Director-General may require for the purpose of determining:
(i)  the effect of the proposed plan in relation to matters of State or regional significance,
(ii)  the adequacy of the consultation procedures to be adopted by the council in the preparation of the proposed plan, and
(iii)  the adequacy of any environmental study to be prepared by the council in relation to the proposed plan.
Division 2 Consultation and concurrence with other authorities
10   What documents must be given to other public authorities?
(cf clause 9 of EP&A Regulation 1994)
The following documents are to be given, free of charge, to each public authority that the council considers likely to be affected by, or to have an interest in, an environmental study prepared for the purposes of a draft local environmental plan:
(a)  a copy or summary of the study,
(b)  a copy or summary of the plan.
11   Public authorities must concur to proposed reservation of land
(cf clause 10 of EP&A Regulation 1994)
A local environmental plan or draft local environmental plan:
(a)  may not contain a provision reserving land for a purpose referred to in section 26 (1) (c) of the Act, and
(b)  may not contain a provision in respect of that reservation as required by section 27 of the Act,
unless the public authority responsible for the acquisition of the land has notified the council of its concurrence to the inclusion of such a provision in the plan.
Division 3 Public participation
12   What public notice is required for an environmental study and draft local environmental plan?
(cf clause 11 of EP&A Regulation 1994)
The public notice required to be given by the council under section 66 (1) of the Act must be published no later than the start of the public exhibition of the draft local environmental plan.
13   For how long must an environmental study and draft local environmental plan be exhibited?
(cf clause 12 of EP&A Regulation 1994)
For the purposes of section 66 (2) of the Act, the environmental study and draft local environmental plan must be publicly exhibited for at least 28 days.
14   How is notice of a public hearing to be given?
(cf clause 13 of EP&A Regulation 1994)
(1)  A council that decides that a public hearing is to be held under section 68 of the Act must give notice of that fact:
(a)  in a local newspaper, and
(b)  in a letter sent to each of the persons who requested a public hearing when making a submission about the draft local environmental plan.
(2)  The notice must contain details of the arrangements for the public hearing and must be sent or published, as the case requires, at least 21 days before the start of the public hearing.
Division 4 General
15   Recovery of cost of environmental study
(cf clause 14 of EP&A Regulation 1994)
For the purposes of section 57 (5) of the Act, the recovery from a person of any costs or expenses incurred by a council in the preparation of an environmental study is subject to:
(a)  the person agreeing to pay those costs and expenses, and
(b)  the terms of the agreement.