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Environmental Planning and Assessment Regulation 2000
Historical version for 4 June 2010 to 1 July 2010 (accessed 27 January 2020 at 01:51) Current version
100 Notice of determination
(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 (including conditions prescribed under section 80A (11) of the Act) on which it has been granted,(c) if the application has been refused, or granted subject to conditions (other than conditions prescribed under section 80A (11) of the Act), the consent authority’s reasons for the refusal or for the imposition of those conditions,(c1) whether the applicant has the right to request a review of the determination under section 82A of the Act,(c2) in the case of a consent for a staged development application—whether a subsequent development application is required for any part of the site concerned,(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 a building but does not require a construction certificate for the development to be carried out, the class of the building under the Building Code of Australia,(h) whether the Planning Assessment Commission has conducted a review of the application,(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) A notice of determination of a grant of development consent must include a copy of any relevant plans endorsed by the consent authority.(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.(7) For the purposes of section 81 (1) of the Act, a notice of the determination of a development application relating to land owned by a Local Aboriginal Land Council must also be given to the New South Wales Aboriginal Land Council.