Environmental Planning and Assessment Regulation 2000
Historical version for 20 June 2016 to 7 July 2016 (accessed 5 August 2020 at 14:04) Current version
Part 16B
Part 16B Planning bodies
Division 1 General
268C   Definitions
In this Part:
Commission means the Planning Assessment Commission.
committee means a committee established under section 22.
planning body means the Planning Assessment Commission, a regional panel, a planning assessment panel or a committee.
268D   General procedure
(1)  The procedure for the calling of meetings of a planning body and for the conduct of business at those meetings is, subject to the Act and this Regulation and any directions by the Minister, to be as determined by the planning body.
(2)  Subject to this clause, the planning body is not bound by the rules of evidence.
(3)  Nothing in this Part derogates from any law relating to Crown privilege.
268E   Quorum
The quorum for a meeting of a planning body is a majority of its members for the time being (including the chairperson).
268F   Presiding member
(1)  The chairperson (or, in the absence of the chairperson, a person elected by the members) is to preside at a meeting of a planning body (other than the Commission).
(1A)  The chairperson of the Commission or a person appointed by the chairperson is to preside at a meeting of the Commission. In the absence of the chairperson or a person appointed by the chairperson, a person elected by the members is to preside at a meeting of the Commission.
(2)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
268G   Voting
(1)  A decision supported by a majority of the votes cast at a meeting of a planning body at which a quorum is present is the decision of the planning body.
(2)  This clause does not apply to a committee appointed to act as an advisory body.
268H   Public meetings
A planning body (other than a committee) may (unless the Minister otherwise directs) conduct its meetings in public, and is required to do so for the conduct of any business that is required to be conducted in public by a direction of the Minister.
268I   Transaction of business outside meetings or by telephone
(1)  A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the matter for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body.
(2)  The planning body may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3)  For the purposes of:
(a)  the approval of a resolution under subclause (1), or
(b)  a meeting held in accordance with subclause (2),
the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body.
(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the planning body.
(5)  Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
268J   First meeting
The Minister may call the first meeting of the planning body in such manner as the Minister thinks fit.
Division 2
268K  (Repealed)
Division 3 Committees
268L   Remuneration of committee members
A committee member is entitled to be paid such remuneration (including travelling and subsistence allowances) as is specified in the member’s instrument of appointment.
268M   Alternate members for committees
(1)  The Minister or Secretary may, from time to time, appoint a person to be the alternate of a committee member, and may revoke any such appointment.
(2)  In the absence of a committee member, the member’s alternate may, if available, act in the place of the member.
(3)  While acting in the place of a committee member, a person has all the functions of the member and is taken to be a committee member.
(4)  A person while acting in the place of a committee member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(5)  A person may be appointed as the alternate of 2 or more committee members, but may represent only one of those members at any meeting of the committee.
(6)  This clause does not operate to confer on the alternate of a member who is the Chairperson of a committee the member’s functions as Chairperson.
268N   Minutes of committee meetings
(1)  The Chairperson must cause minutes to be kept of the proceedings of each meeting of a committee.
(2)  The Secretary must cause the minutes of meetings of committees to be published on the website of the Department within 3 months of the meetings concerned.
268NA   Provision of information by regional panels
A regional panel must provide the Minister with such information and reports as the Minister may, from time to time, request.
Division 4 Planning Assessment Commission
268O   Definitions
In this Division:
public hearing means a public hearing under clause 268R (1).
review of the Commission includes a reference to a public hearing.
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   Public hearings—attendance of witnesses and production of documents
(1)  The chairperson of the Commission may, if a public hearing is to be held in relation to a review conducted by the Commission, require a person:
(a)  to attend the public hearing to give evidence, or
(b)  to produce to the Commission a document that is relevant to the review,
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 and in no other circumstances:
(a)  if requested to do so in writing by the Minister under section 23D (1) (b) (iii) of the Act,
(a1)  if the Minister has determined that a public hearing is to be held into a matter by the Planning Assessment Commission under section 56 (2) (e) of the Act and the Commission has been notified of the determination,
(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),
(d)  if the public hearing relates to a development application, a statement setting out the effect that the public hearing will have on any appeal rights in relation to the development application.
(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.
Division 5 Independent hearing and assessment panels
268X   Information to be provided by councils about independent hearing and assessment panels
A council must provide an annual report to the Secretary as to the following:
(a)  the number of independent hearing and assessment panels appointed by the council in the preceding year,
(b)  the matters referred to the panels in the preceding year,
(c)  the persons appointed to the panels,
(d)  decisions made by the council relating to matters referred to the panels, including the reasons for any decision not in accordance with an assessment by a panel,
(e)  any other matters relating to the exercise of functions by panels as directed by the Secretary.