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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 12 February 2010 to 28 February 2010 (accessed 21 January 2020 at 01:44) Current version
Part 16B Division 4
Division 4 Planning Assessment Commission
268O   Interpretation
In this Division, a reference to a review of the Commission includes a reference to a public hearing referred to in section 56 (2) (e) of the Act.
268P   Constitution of Commission for particular matters
The Commission may be constituted by more than 3 members or less than 3 members if directed to be so constituted by the Minister.
268Q   Attendance of witnesses and production of documents
(1)  The chairperson of the Commission may require a person:
(a)  to attend a public hearing of the Commission to give evidence, or
(b)  to produce to the Commission a document that is relevant to a review conducted by the Commission,
at a time, date and place specified in a notice given to the person.
(2)  A person must not, without reasonable excuse, fail to comply with a requirement to attend a public hearing, or to produce a document.
(3)  The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering a written statement.
268R   Public hearings of Commission
(1)  The Commission must conduct a public hearing in the following circumstances:
(a)  if requested to do so by the Minister,
(b)  if the review concerns a development under Part 4 of the Act or an activity under Part 5 of the Act that, in the opinion of the Commission, may involve the need for an approval under the Water Management Act 2000.
(2)  Subclauses (3)–(5) apply to any public hearing held by the Commission.
(3)  The Commission must give reasonable notice of a public hearing:
(a)  by advertisement published in such newspapers as the Commission thinks fit, to the public, and
(b)  by notice in writing to any public authorities that the Commission thinks are likely to have an interest in the subject-matter of the hearing.
(4)  The notice of a public hearing must contain the following matters:
(a)  the subject-matter of the hearing,
(b)  the time, date and place of the hearing,
(c)  a statement that submissions may be made to the Commission in relation to the subject-matter of the hearing not later than the date specified in the notice (being a date not less than 14 days after the notice is given).
(5)  If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that part of a public hearing is to take place in private and give directions as to the persons who may be present.
268S   Notice of reviews and recommendations relating to development applications
(1)  This clause applies to a review by the Commission of all or any of the environmental aspects of proposed development the subject of a development application or a part of any such proposed development.
(2)  The consent authority for the proposed development must cause to be given to each concurrence authority and approval body for that development:
(a)  as soon as practicable after the Commission is requested to hold the review, notice of the fact that a review is to be held, and
(b)  as soon as practicable after the findings and recommendations of the review have been made public, copies of those findings and recommendations and (in the case of development other than designated development) any comments made by the Minister on them.
(3)  At any time within 14 days after receiving a copy of the findings and recommendations arising from the review:
(a)  a concurrence authority may vary any conditions that it may previously have imposed in relation to its concurrence to the development, and
(b)  an approval body may vary any general terms of approval that it may previously have given in relation to the development.
268T   Special provisions relating to water approvals
(1)  The Commission must cause notice to be given to the Minister for Water if, before or at any time up to the conclusion of a review held by it into:
(a)  the environmental aspects of any proposed development the subject of a development application, whether or not it is designated development, or
(b)  the environmental aspects of any activity referred to in section 112 (1) of the Act,
it is of the opinion that the development or activity may involve the need for an approval under the Water Management Act 2000.
(2)  For the purposes of this clause, a review is concluded when the Commission provides its final report on the inquiry to the Minister under clause 268V.
(3)  The Commission must also cause notice to be given to the applicant for the development, or the proponent of the activity, advising that the application for an approval should be made promptly if it has not already been made.
(4)  The Commission must defer concluding its review for sufficient time to enable:
(a)  the applicant or proponent to apply for an approval, and
(b)  any objectors to object to the granting of an approval,
under the Water Management Act 2000.
(5)  As soon as practicable after the applicant’s or proponent’s application for an approval is referred to it under section 94 of the Water Management Act 2000, the Commission must give notice of the public hearing in accordance with this Division.
(6)  In addition to considering any submissions that are made to it in the course of its review, the Commission must consider:
(a)  the application for an approval, and
(b)  any objection to the granting of an approval that has been referred to it under section 94 of the Water Management Act 2000.
(7)  In any report prepared by it, the Commission must include findings and recommendations with respect to:
(a)  the question of whether or not an approval should be granted, and
(b)  the period, term, limitations and conditions of any such approval.
(8)  The Commission must cause a copy of any such report to be given to the Minister for Water.
268U   Commission may restrict publication of evidence
(1)  If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that evidence given before the Commission or contained in documents lodged with the Commission not be published or may only be published subject to restrictions.
(2)  A person must not, without reasonable excuse, fail to comply with a direction given by the Commission under this clause.
268V   Reports by Commission
(1)  The Commission must provide a copy of its findings and recommendations on a review conducted by it (a final report) to the Minister, or such other person or body as the Minister may direct, and may provide a copy to such other persons as the Commission thinks fit.
(2)  A final report must contain a summary of any submissions received by it in relation to the subject-matter of the review.
(3)  The Commission must also provide a copy of a final report on a review relating wholly or partly to development the subject of a development application to:
(a)  the consent authority, and
(b)  any public authority whose concurrence is required to the development.
(4)  A final report is to be made publicly available on the website of the Department within a reasonable time after it has been provided to the Minister.
268W   Information to be provided by Commission
(1)  The Commission must provide the following to the Minister:
(a)  an annual report on its operations and reviews in the preceding year,
(b)  any other information and reports requested by the Minister.
(2)  An annual report is to be made publicly available on the website of the Department within a reasonable time after it has been provided to the Minister.