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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 4 June 2010 to 1 July 2010 (accessed 28 January 2020 at 22:05) Current version
Part 6 Division 6
Division 6 Public participation—State significant advertised development
82   Application of section 79 of the Act relating to designated development
(cf clause 64 of EP&A Regulation 1994)
(1)  For the purposes of section 79A (1) of the Act, section 79 of the Act applies to a development application for State significant advertised development in the same way as it applies to a development application for designated development, and this Division applies accordingly.
(2)  This Division does not apply to development on land to which clause 26F of Newcastle Local Environmental Plan 1987 applies.
83   What must a written notice under section 79 (1) (b) of the Act contain?
(cf clause 64 of EP&A Regulation 1994)
(1)  For the purposes of section 79 (1) (b) of the Act, a written notice of a development application for State significant advertised development must contain the following information:
(a)  a description (including the address) of the land on which the development is proposed to be carried out,
(b)  the name of the applicant and of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the proposed development is not designated development,
(e)  a statement that the development application and the documents accompanying the application may be inspected:
(i)  at the Department’s principal office, and
(ii)  at the council’s principal office,
for a period specified in the notice during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the period specified under paragraph (e) may make written submissions to the Director-General concerning the development application, and
(ii)  if a submission is made by way of objection, the grounds of objection must be specified in the submission,
(g)  the dates of the period specified under paragraph (e),
(h)  a statement that the Minister will determine the application,
(i)  if the development is also integrated development:
(i)  a statement that the development is integrated development, and
(ii)  a statement of the approvals that are required and the relevant approval bodies for those approvals.
(2)  The period referred to under subclause (1) (e) must include the period of 30 days commencing on the day after which notice of the development application is first published in a newspaper under section 79 (1) (d) of the Act.
84   How is the notice under section 79 (1) (c) of the Act to be exhibited on land?
(cf clause 64 of EP&A Regulation 1994)
The notice for a development application for State significant advertised development under section 79 (1) (c) of the Act:
(a)  must be exhibited on the land to which the development application relates, and
(b)  must be displayed on a signpost or board, and
(c)  must be clear and legible, and
(d)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(e)  must contain under that heading the following matters:
(i)  a statement that the development application has been lodged,
(ii)  the name of the applicant,
(iii)  a brief description of the development application,
(iv)  notice that the development application may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in the written notice under section 79 (1) (b) of the Act, and
(f)  must, if practicable, be capable of being read from a public place.
85   How is the notice published under section 79 (1) (d) of the Act published?
(cf clause 64 of EP&A Regulation 1994)
The notice for a development application for State significant advertised development under section 79 (1) (d) of the Act:
(a)  must be published in the public notices section of the newspaper, and
(b)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(c)  must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.