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Environmental Planning and Assessment Regulation 2000
Historical version for 5 August 2016 to 5 January 2017 (accessed 15 August 2020 at 13:08) Current version
Division 12A Additional provisions where regional panel is exercising consent authority functions
123B Application of Division
(1) This Division applies to development for which a regional panel has the function of determining the development application or an application to modify a development consent.(2) In this Division, a reference to a development application includes a reference to an application to modify a development consent.
123C Development applications where land is in 2 or more local government areas
(1) This clause applies to development applications for development located in 2 or more local government areas.(2) A separate development application for the proposed development must be lodged with each council for an area in which the proposed development is situated.
123D Provisions of Act not to apply as if regional panels were councils
(1) For the purposes of section 23G (5A) of the Act, a regional panel is not taken to be the council for the purposes of the following provisions of the Act:(a) section 78A (3)–(6),(b) section 81 (2),(c) sections 82A, 82C, 82D and 96AB,(d) section 89 (2).Note.Under section 23G (5A) of the Act, a regional panel exercising consent authority functions of a council is taken to be the council, subject to the regulations.(2) For the purposes of section 23G (5A) of the Act, a regional panel is not taken to be the council for the purposes of appeal proceedings under the Act, or proceedings under section 123 of the Act, if:(a) the council is the applicant for a development application or the modification of a development consent, and(b) the council makes an appeal under the Act, or brings proceedings under section 123 of the Act, in relation to a determination by the regional panel.
123E Procedural matters related to determination of development applications
(1) A regional panel may, for the purpose of determining a development application:(a) obtain assessment reports, in addition to any assessment report or other information provided by a relevant council in dealing with the application, and(b) obtain other technical advice or assistance as the panel thinks fit.(2) If a development consent is granted by a regional panel subject to a condition referred to in section 80 (3) or 80A (2) of the Act, the regional panel is taken to be satisfied as to a matter specified in the condition if the council for the area in which the land on which the development is to be carried out notifies the chairperson of the panel in writing that the matter specified in the condition has been satisfied.
123F Procedural matters relating to determination of applications to modify consents
For the purposes of section 23H (a) of the Act, a regional panel may carry out consultation for the purposes of section 96 (2) (b) of the Act by directing the general manager of a council for an area in which the development the subject of the consent is to be carried out to consult with the relevant Minister, public authority or approval body on behalf of the regional panel.Note.It is an offence under section 23N (2) of the Act for a general manager to fail to comply with a direction.