Environmental Planning and Assessment Regulation 2000
Historical version for 12 February 2010 to 28 February 2010 (accessed 4 August 2020 at 18:32) Current version
Part 6 Division 14
Division 14 Review conditions
124A   Application of Division
This Division applies to a further condition imposed under section 80A (10B) of the Act in relation to a development consent condition that permits extended hours of operation or increases the maximum number of persons permitted in a building (in this Division called a review condition).
124B   Development for which review condition may be imposed
(1)  Development consent for the following uses of a building may be the subject of a review condition:
(a)  entertainment venue,
(b)  function centre,
(c)  pub,
(d)  registered club,
(e)  restaurant.
(2)  Words and expressions used in this clause have the same meanings as they have in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
124C   Matters to be included in consent
A consent that is subject to a review condition must include the following:
(a)  a statement that the consent is subject to the condition and the purpose of the condition,
(b)  that the consent authority is to carry out the reviews,
(c)  when, or at what intervals, the reviews are to be carried out.
124D   Review procedures
(1)  The consent authority must give the operator of a development subject to a review condition not less than 14 days written notice that a review is to be carried out under the condition.
(2)  The consent authority may notify such other persons as it thinks fit of the review.
(3)  The consent authority must take into account any submissions made by a person that are received within 14 days after notice is given to the person of a review.
 Under section 80A (10D) of the Act, a decision to change a review condition of a development consent is taken to be a determination of a development consent and is subject to the notification and appeal provisions under the Act in relation to such a determination.