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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 25 September 2017 at 05:13)
Part 6
Part 6 Procedures relating to development applications
Division 1 Development applications generally
47   Application of Part
(cf clause 45 of EP&A Regulation 1994)
This Part applies to all development applications.
Note.
 Because of the definition of development application in section 4 (1) of the Act, this Part does not apply to complying development or to applications for complying development certificates.
48   Consent authority to provide development application forms to intending applicants
(cf clause 45A of EP&A Regulation 1994)
The consent authority must provide any person intending to make a development application with:
(a)  the consent authority’s scale of fees for development applications generally, and
(b)  if the consent authority has determined the fee to accompany that particular application, advice of the amount determined, and
(c)  if the consent authority requires such an application to be in a particular form, blank copies of that form.
49   Persons who can make development applications
(cf clause 46 of EP&A Regulation 1994)
(1)  A development application may be made:
(a)  by the owner of the land to which the development application relates, or
(b)  by any other person, with the consent in writing of the owner of that land.
(2)  Subclause (1) (b) does not require the consent in writing of the owner of the land for a development application made by a public authority or for a development application for public notification development if the applicant instead gives notice of the application:
(a)  by written notice to the owner of the land before the application is made, or
(b)  by advertisement published in a newspaper circulating in the area in which the development is to be carried out no later than 14 days after the application is made.
(3)  Despite subclause (1), a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown.
(3A)  Despite subclause (1), a development application made in respect of land owned by a Local Aboriginal Land Council may be made by a person referred to in that subclause only with the consent of the New South Wales Aboriginal Land Council.
(4)  Subclause (3) does not require the consent of the Crown if the development application is for State significant development made by a public authority or public notification development.
(5)  In this clause:
public authority includes an irrigation corporation within the meaning of the Water Management Act 2000 that the Minister administering that Act has, by order in writing, declared to have the status of a public authority for the purposes of this clause in relation to development of a kind specified in the order.
public notification development means:
(i)  State significant development set out in clause 5 (Mining) or 6 (Petroleum (oil and gas)) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011 but it does not include development to the extent that it is carried out on land that is a state conservation area reserved under the National Parks and Wildlife Act 1974, or
(ii)  State significant development on land with multiple owners designated by the Secretary for the purposes of this clause by notice in writing to the applicant for the State significant development.
50   How must a development application be made?
(cf clause 46A of EP&A Regulation 1994)
(1)  A development application:
(a)  must contain the information, and be accompanied by the documents, specified in Part 1 of Schedule 1, and
(b)  if the consent authority so requires, must be in the form approved by that authority, and
(c)  must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority, and
(d)  must be delivered by hand, sent by post or transmitted electronically to the principal office of the consent authority, but may not be sent by facsimile transmission.
(1A)  If a development application that relates to residential apartment development is made on or after the commencement of the Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015, the application must be accompanied by a statement by a qualified designer.
(1AB)  The statement by the qualified designer must:
(a)  verify that he or she designed, or directed the design, of the development, and
(b)  provide an explanation that verifies how the development:
(i)  addresses how the design quality principles are achieved, and
(ii)  demonstrates, in terms of the Apartment Design Guide, how the objectives in Parts 3 and 4 of that guide have been achieved.
(1B)  If a development application referred to in subclause (1A) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified to the extent to which they aim:
(a)  to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or
(b)  to improve the thermal performance of the building.
(2)  A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of that consent.
(2A)  A development application that relates to development in respect of which a site compatibility certificate is required by a State Environmental Planning Policy must be accompanied by such a certificate.
(2B)    (Repealed)
(3)  Immediately after it receives a development application, the consent authority:
(a)  must register the application with a distinctive number, and
(b)  must endorse the application with its registered number and the date of its receipt, and
(c)  must give written notice to the applicant of its receipt of the application, of the registered number of the application and of the date on which the application was received.
(4)  In the case of a development application under section 78A (3) of the Act, the application must be accompanied by such matters as would be required under section 81 of the Local Government Act 1993 if approval were sought under that Act.
(5)  The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.
(6)  If the development application is for designated development, the consent authority must forward to the Secretary (where the Minister or the Secretary is not the consent authority) and to the council (where the council is not the consent authority) a copy of the environmental impact statement, together with a copy of the relevant application.
Note.
 Additional requirements in relation to the making of a development application apply to applications for designated development, for integrated development and applications for development that affect threatened species.
(7)  In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work the subject of the development application, including any part of the work that is BASIX excluded development. The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate, be the estimate so indicated.
50A   Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land
(1)  This clause applies to a development application that relates to mining or petroleum development (within the meaning of Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007) on the following land:
(a)  land shown on the Strategic Agricultural Land Map,
(b)  any other land that is the subject of a site verification certificate.
(2)  A development application to which this clause applies must be accompanied by:
(a)  in relation to proposed development on land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate in respect of the proposed development, or
(b)  in relation to proposed development on any other land:
(i)  a current gateway certificate in respect of the proposed development, or
(ii)  a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.
(3)  This clause does not apply to or with respect to a development application if the relevant environmental assessment requirements under Part 2 of Schedule 2 of this Regulation were notified by the Secretary on or before 10 September 2012.
(3A)  In addition to subclause (3), this clause does not apply to or with respect to a development application if:
(a)  the land to which the application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and
(b)  the relevant environmental assessment requirements under Part 2 of Schedule 2 for the development were notified by the Secretary on or before 3 October 2013.
(3B)  However, the Minister or the Secretary, in dealing with an application referred to in subclause (3) or (3A), may seek the advice of the Gateway Panel.
(4)  In this clause, biophysical strategic agricultural land, critical industry cluster land and Strategic Agricultural Land Map have the same meanings as they have in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
51   Rejection of development applications
(cf clause 47 (1)–(3) of EP&A Regulation 1994)
(1)  A consent authority may reject a development application within 14 days after receiving it if:
(a)  the application is illegible or unclear as to the development consent sought, or
(b)  the application does not contain any information, or is not accompanied by any document, specified in Part 1 of Schedule 1, or
(c)  being an application referred to in section 78A (8A) of the Act, the application is not accompanied by an environmental impact statement referred to in that subsection.
Note.
 Schedule 2 sets out requirements in relation to environmental impact statements.
(2)  A consent authority may reject a development application within 14 days after receiving it if:
(a1)  being an application for development requiring concurrence, the application fails to include the concurrence fees appropriate for each concurrence relevant to the development, or
(a)  being an application for integrated development, the application fails:
(i)  to identify all of the approvals referred to in section 91 of the Act that are required to be obtained before the development may be carried out, or
(ii)  to include the approval fees appropriate for each approval relevant to the development, or
(iii)  to include the additional information required by this Regulation in relation to the development, or
(b)  being an application that is required under Part 7 of the Biodiversity Conservation Act 2016 to be accompanied by a biodiversity development assessment report, the application is not accompanied by such a report, or
(c)  being an application that is required under 221ZW of the Fisheries Management Act 1994 to be accompanied by a species impact statement, the application is not accompanied by such a statement.
(3)  An application is taken for the purposes of the Act never to have been made if the application is rejected under this clause and the determination to reject the application is not changed following any review.
(4)  The consent authority must refund to the applicant the whole of any application fee paid in connection with an application that is rejected under this clause and must notify the applicant in writing of the reasons for the rejection of the application.
(5)  Immediately after the rejection of a development application for:
(a)  development for which the concurrence of a concurrence authority is required, or
(b)  integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the rejection.
52   Withdrawal of development applications
(cf clause 47 (4)–(6) of EP&A Regulation 1994)
(1)  A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.
(2)  An application that is withdrawn is taken for the purposes of the Act (sections 79 (6) and 89F (4) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.
(3)  The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.
(4)  Immediately after the withdrawal of a development application for:
(a)  development for which the concurrence of a concurrence authority is required, or
(b)  integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the withdrawal.
53   Consent authority may require additional copies of development application and supporting documents
(cf clause 47A of EP&A Regulation 1994)
A consent authority that is required:
(a)  to refer a development application to another person, or
(b)  to arrange for the public display of a development application,
may require the applicant to give it as many additional copies of the development application and supporting documents as are reasonably required for that purpose.
54   Consent authority may request additional information
(cf clause 48 of EP&A Regulation 1994)
(1)  A consent authority may request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.
(2)  The request:
(a)  must be writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3)  The information that a consent authority may request includes, but is not limited to, information relating to any relevant matter referred to in section 79C (1) (b)–(e) of the Act or in any relevant environmental planning instrument.
(4)  However, the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate.
Note.
 The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted.
(5)  Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6)  If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the consent authority may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.
55   What is the procedure for amending a development application?
(cf clause 48A of EP&A Regulation 1994)
(1)  A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.
(2)  If an amendment or variation results in a change to the proposed development, the application to amend or vary the development application must have annexed to it written particulars sufficient to indicate the nature of the changed development.
(3)  If the development application is for:
(a)  development for which concurrence is required, as referred to in section 79B of the Act, or
(b)  integrated development,
the consent authority must immediately forward a copy of the amended or varied application to the concurrence authority or approval body.
55A   Amendments with respect to BASIX commitments
(1)  This clause applies to a development application that has been accompanied by a BASIX certificate pursuant to clause 2A of Schedule 1 or to a development application in relation to BASIX optional development that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied).
(2)  Without limiting clause 55, a development application may be amended or varied by the lodging of:
(a)  a new BASIX certificate to replace a BASIX certificate that accompanied the application, or to replace any subsequent BASIX certificate lodged under this clause, and
(b)  if any new accompanying document is required or any existing accompanying document requires amendment, a new or amended accompanying document.
(3)  If an amendment or variation of a development application, or of any accompanying document, results in the proposed development differing in any material respect from the description contained in a current BASIX certificate for the development, the application to amend or vary the development application must have annexed to it a replacement BASIX certificate whose description takes account of the amendment or variation.
(4)  In this clause, a reference to the accompanying document is a reference to any document required to accompany a development application pursuant to clause 2 of Schedule 1.
56   Extracts of development applications to be publicly available
(cf clause 48B of EP&A Regulation 1994)
(1)  This clause applies to all development other than State significant development, designated development or advertised development.
(2)  Extracts of a development application relating to the erection of a building:
(a)  sufficient to identify the applicant and the land to which the application relates, and
(b)  containing a plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected, if relevant for that particular development,
are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
Note.
 The erection of a building is defined in the Act to include the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land.
57   (Repealed)
Division 2 Development applications for development requiring concurrence
58   Application of Division
(cf clause 49 of EP&A Regulation 1994)
(1)  This Division applies to all development applications that relate to development for which the concurrence of a concurrence authority is required.
(1A)  This Division extends to a development application under Part 4 or environmental assessment that relates to development or an activity for which concurrence is required under section 7.12 of the Biodiversity Conservation Act 2016 or under section 221ZZ of the Fisheries Management Act 1994. This Division applies with such modifications as are necessary for that purpose.
(2)  This Division does not apply in circumstances in which a concurrence authority’s concurrence may be assumed in accordance with clause 64.
(3)  This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.
59   Seeking concurrence
(cf clause 49A of EP&A Regulation 1994)
(1)  After it receives a development application for development requiring concurrence, the consent authority:
(a)  must forward a copy of the application (together with all accompanying documentation) to the concurrence authority whose concurrence is required, and
(b)  must notify the concurrence authority in writing of the basis on which its concurrence is required and of the date of receipt of the development application, and
(c)  if known at that time, must notify the concurrence authority in writing of the dates of the relevant submission period or periods if the application is to be publicly notified under section 79 or 79A of the Act.
(2)  In the case of a development application that indicates on its face that such concurrence is required, the application must be forwarded to the relevant concurrence authority within 14 days after the application is lodged.
(3)  However, if the concurrence of the Environment Agency Head may be required under Part 7 of the Biodiversity Conservation Act 2016 because the development application indicates on its face that a discount is being sought in the biodiversity credits required under the report to be retired:
(a)  the development application must be forwarded to the Environment Agency Head within 10 days (instead of 14 days) after the application is lodged, and
(b)  the consent authority must notify the Environment Agency Head within 30 days after the application is lodged whether it proposes to reduce the number of biodiversity credits required to be retired and, if it proposes to do so, the amount of (and reasons for) the reduction, as referred to in section 7.13 (4) of the Biodiversity Conservation Act 2016.
If concurrence is required because the consent authority proposes to reduce the number of biodiversity credits, the reference in clause 62 (1) (a) to notice to the consent authority of the decision of the Environment Agency Head being given within 40 days after the receipt of the application by the Environment Agency Head is to be construed as a reference to notice being given within 50 days after the application is lodged.
60   Concurrence authority may require additional information
(cf clause 50 of EP&A Regulation 1994)
(1)  A concurrence authority whose concurrence has been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the question as to whether concurrence should be granted or refused.
(2)  The request:
(a)  must be in writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3)  Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the concurrence authority.
(4)  Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the concurrence authority.
(5)  Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6)  If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the concurrence authority may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.
61   Forwarding of submissions to concurrence authorities
(cf clause 50A of EP&A Regulation 1994)
(1)  This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.
(2)  Immediately after the expiration of the relevant submission period, the consent authority must forward to each concurrence authority a copy of all submissions received in response to the advertisement or notification.
62   Notification of decision
(cf clause 51 of EP&A Regulation 1994)
(1)  A concurrence authority that has received a development application from a consent authority must give written notice to the consent authority of its decision on the development application:
(a)  within 40 days after receipt of the copy of the application, or
(b)  in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:
(i)  the last of the submissions made during the relevant submission period, or
(ii)  advice from the consent authority that no submissions were made.
Note.
 This period may be extended by operation of Division 11.
(2)  If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):
(a)  the consent authority must notify the concurrence authority as soon as possible after the determination, and
(b)  this clause ceases to apply to the development application.
(3)  Nothing in this clause prevents a consent authority from having regard to a concurrence authority’s decision on a development application that has been notified to the consent authority after the expiration of the relevant period under subclause (1).
63   Reasons for granting or refusal of concurrence
(cf clause 51A of EP&A Regulation 1994)
(1)  If the concurrence authority:
(a)  grants concurrence subject to conditions, or
(b)  refuses concurrence,
the concurrence authority must give written notice to the consent authority of the reasons for the imposition of the conditions or the refusal.
(2)    (Repealed)
64   Circumstances in which concurrence may be assumed
(cf clause 51B of EP&A Regulation 1994)
(1)  A concurrence authority may, by written notice given to the consent authority:
(a)  inform the consent authority that concurrence may be assumed, subject to such qualifications or conditions as are specified in the notice, and
(b)  amend or revoke an earlier notice under this clause.
(2)  A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this clause is as valid and effective as if concurrence had been given.
Division 3 Development applications for integrated development
65   Application of Division
(cf clause 52 of EP&A Regulation 1994)
(1)  This Division applies to all development applications for integrated development.
(2)  This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.
66   Seeking general terms of approval
(cf clause 52A of EP&A Regulation 1994)
(1)  After it receives a development application for integrated development, the consent authority:
(a)  must forward a copy of the application (together with all accompanying documentation) to the approval body whose approval is required, and
(b)  must notify the approval body in writing of the basis on which its approval is required and of the date of receipt of the development application, and
(c)  if known at that time, must notify the approval body in writing of the dates of the relevant submission period if the application is to be publicly notified under section 79 or 79A of the Act.
(2)  In the case of a development application that indicates on its face that such an approval is required, the application must be forwarded to the relevant approval body within 14 days after the application is lodged.
67   Approval body may require additional information
(cf clause 53 of EP&A Regulation 1994)
(1)  An approval body the general terms of whose approval have been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the general terms of approval.
(2)  The request:
(a)  must be in writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3)  Immediately after receiving a request for additional information from an approval body, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the approval body.
(4)  Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the approval body.
(5)  Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.
(6)  If the applicant for development consent has failed to provide any of the requested information by the end of:
(a)  any period specified as referred to in subclause (2) (b), or
(b)  such further period as the approval body may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.
68   Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
(cf clause 53AA of EP&A Regulation 1994)
(1)  If:
(a)  development is integrated development because, or partly because, it requires consent under section 90 of the National Parks and Wildlife Act 1974, and
(b)  the Chief Executive of the Office of Environment and Heritage is of the opinion that consultation with an Aboriginal person or persons, an Aboriginal Land Council or another Aboriginal organisation concerning a relic or Aboriginal place is required before the Chief Executive can make a decision concerning the general terms of approval in relation to such a consent (including whether or not the Chief Executive will grant consent),
the Secretary must cause notice of that fact to be given to the consent authority.
69   Forwarding of submissions to approval bodies
(cf clause 53A of EP&A Regulation 1994)
(1)  This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.
(2)  Immediately after the expiration of the relevant submission period, the consent authority must forward to each approval body a copy of all submissions received in response to the advertisement or notification.
70   Notification of general terms of approval
(cf clause 53B of EP&A Regulation 1994)
(1)  An approval body that has received a development application from a consent authority must give written notice to the consent authority of its decision concerning the general terms of approval in relation to the development application (including whether or not it will grant an approval):
(a)  within 40 days after receipt of the copy of the application, or
(b)  in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:
(i)  the last of the submissions made during the relevant submission period, or
(ii)  advice from the consent authority that no submissions were made.
Note.
 This period may be extended by operation of Division 11.
(2)  If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):
(a)  the consent authority must notify the approval body as soon as possible after the determination, and
(b)  this clause ceases to apply to the development application.
(3)  Nothing in this clause prevents a consent authority from having regard to an approval body’s general terms of approval that have been notified to the consent authority after the expiration of the relevant period under subclause (1).
Division 3A Special provisions relating to concept development applications
70A   Information to be included in concept development applications
Despite clause 50 (1) (a), the information required to be provided in a concept development application in respect of the various stages of the development may, with the approval of the consent authority, be deferred to a subsequent development application.
70B   Concept development applications—residential apartment development
Clause 50 (1A) applies in relation to a concept development application only if the application sets out detailed proposals for the development or part of the development.
Division 4
71–76  (Repealed)
Division 5 Public participation—designated development
77   Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
(cf clause 57 of EP&A Regulation 1994)
At the same time as giving public notice under section 79 (1) of the Act, the consent authority must give written notice of a development application for designated development to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of that development application.
78   What information must a written notice of designated development contain?
(cf clause 58 of EP&A Regulation 1994)
(1)  A written notice of a development application under section 79 (1) (b) of the Act 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 designated development,
(e)  a statement that the development application and the documents accompanying the application, including the environmental impact statement, may be inspected:
(i)  at the consent authority’s principal office, and
(ii)  at the Department’s offices (if the Minister or Secretary is not the consent authority), and
(iii)  at the council’s principal office (if the council is not the consent authority),
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 consent authority 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)  if the proposed 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,
(i)  a statement that, unless the proposed development is development about which the Planning Assessment Commission has conducted a review, any person:
(i)  who makes a submission by way of objection, and
(ii)  who is dissatisfied with the determination of the consent authority to grant development consent,
may appeal to the Land and Environment Court,
(j)  a statement that, if the Planning Assessment Commission conducts a review, the Minister’s determination of the application is final and not subject to appeal.
(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.
79   How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
(cf clause 59 of EP&A Regulation 1994)
(1)  The notice for a development application for designated 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 and the relevant environmental impact statement 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.
80   How is the notice under section 79 (1) (d) published for designated development?
(cf clause 60 of EP&A Regulation 1994)
The notice for a development application for designated development under section 79 (1) (d) of the Act:
(a)  must be published on at least 2 separate occasions, and
(b)  must appear across 2 or 3 columns in the display section of the newspaper, and
(c)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(d)  must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.
81   Forwarding of submissions to Secretary
(cf clause 62 of EP&A Regulation 1994)
For the purposes of section 80 (9) (b) of the Act, the consent authority must, immediately after the relevant submission period, forward to the Secretary (if the Minister or the Secretary is not the consent authority) a copy of all submissions (including submissions by way of objection) received in response to the public exhibition of a development application for designated development.
Note.
 This requirement will not apply if the Secretary has waived the requirement under section 80 (10) (b) of the Act.
Division 6 Public participation—State significant development
82   Application of Division
This Division applies to State significant development.
83   Public exhibition period
For the purposes of section 89F (1) (a) of the Act, the minimum submission period is to be 30 days.
84   Public notice of application
(1)  For the purposes of section 89F (1) (b) of the Act, the notice of the application must be published in a local newspaper and on the website of the Department.
(2)  For the purposes of section 89F (1) (b) of the Act, the notice of the application must be given:
(a)  to such persons that appear to the Secretary to own or occupy the land adjoining the land to which the application relates (unless the notice is in respect of an application for public notification development within the meaning of clause 49), and
(b)  to such public authorities that, in the opinion of the Secretary, may have an interest in the determination of the application.
(3)  For the purposes of this clause:
(a)  if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a notice to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and
(b)  if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and
(c)  if land is owned or occupied by more than one person, a notice to one owner or one occupier is taken to be notice to all the owners and occupiers of that land.
85   Content of notice
For the purposes of section 89F (1) (b) of the Act, a notice of an application for State significant 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)  the dates of the submission period,
(e)  a statement that the development application and the documents accompanying the application may be inspected during the submission period:
(i)  at the Department’s principal office, and
(ii)  at the council’s principal office,
during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the submission period may make written submissions to the Minister 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)  whether the Minister has directed that a public hearing should be held.
85A   Responding to submissions
(1)  The Secretary is to provide to an applicant for State significant development the submissions, or a summary of the submissions, received in relation to the application during the submission period.
(2)  The Secretary may, by notice in writing, require the applicant to provide a written response to such issues raised in those submissions as the Secretary considers necessary.
85B   Documents to be made publicly available
For the purposes of section 89G (d) of the Act, the Secretary is to make the following documents (that relate to a development application for State significant development) available on the Department’s website and in such other locations as the Secretary determines:
(a)  the environmental assessment requirements,
(b)  the development application, including any accompanying documents or information and any amendments made to the development application,
(c)  any submissions received during the submission period and any response provided under clause 85A,
(d)  any environmental assessment report prepared by the Secretary,
(e)  any development consent or modification to a development consent,
(f)  any application made for a modification to development consent, including any accompanying documents or information,
(g)  any documents or information provided to the Secretary by the applicant in response to submissions.
Division 7 Public participation—other advertised development
86   Application of Division
(cf clause 65 of EP&A Regulation 1994)
(1)  This Division applies to other advertised development.
(2)  This Division does not apply to development on land to which clause 36 of Newcastle Local Environmental Plan 2003 applies.
87   How must a development application be publicly notified?
(cf clause 65 of EP&A Regulation 1994)
As soon as practicable after a development application for other advertised development is lodged with the consent authority, the consent authority must:
(a)  give written notice of the application (referred to in this Division as a written notice), and
(b)  cause notice of the application to be published in a local newspaper (referred to in this Division as a published notice).
88   Who must written notice be given to?
(cf clause 65 of EP&A Regulation 1994)
(1)  Written notice of the development application must be given:
(a)  to such persons as appear to the consent authority to own or occupy the land adjoining the land to which the application relates, and
(b)  to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of the application.
(2)  For the purposes of this clause:
(a)  if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
(b)  if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
(c)  if land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.
89   What information must be contained in a written notice and a published notice?
(cf clause 65 of EP&A Regulation 1994)
(1)  A written notice and a published notice of the development application must contain the following information:
(a)  a description of the land (including the address) on which the development is proposed to be carried out,
(b)  the name of the applicant and the name of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the application and the documents accompanying that application may be inspected at the consent authority’s principal office for a period specified in the notice during the consent authority’s ordinary office hours,
(e)  a statement that any person during the period specified under paragraph (d) may make a written submission in relation to the development application to the consent authority,
(f)  the dates of the period specified under paragraph (d).
(2)  The written notice and the published notice:
(a)  in the case of development that is integrated development:
(i)  must contain a statement that the development is integrated development, and
(ii)  must state the approvals that are required and the relevant approval bodies for those approvals, and
(b)  in the case of development that is threatened species development, must contain a statement that the development is threatened species development.
(3)  The period referred to in subclause (1) (d) must include:
(a)  in the case of nominated integrated development or threatened species development, the period of 30 days, and
(b)  in any other case, the period of 14 days,
commencing on the day after the day on which the published notice is first published in a newspaper.
90   Circumstances in which notice requirements may be dispensed with
(cf clause 65 of EP&A Regulation 1994)
(1)  This clause applies to a development application that before being determined by the consent authority, has been amended or substituted, or that has been withdrawn and later replaced, where:
(a)  the consent authority has complied with this Division in relation to the original application, and
(b)  the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application,
referred to in this clause as a replacement application.
(2)  The consent authority may decide to dispense with further compliance with this Division in relation to a replacement application and, in that event, compliance with this Division in relation to the original application is taken to be compliance in relation to the replacement application.
(3)  The consent authority must give written notice to the applicant of its decision under this clause at or before the time notice of the determination of the replacement application is given under section 81 of the Act.
91   Public notification of development application and accompanying information
(cf clause 65 of EP&A Regulation 1994)
(1)  The consent authority must ensure that a development application is publicly notified in accordance with the relevant requirements and that any accompanying information is available for inspection during the relevant submission period at the place or places specified in the public notice.
(2)  During the relevant submission period:
(a)  any person may inspect the development application and any accompanying information and make extracts from or copies of them, and
(b)  any person may make written submissions to the consent authority with respect to the development application.
(3)  A submission by way of objection must set out the grounds of the objection.
Division 8 Determination of development applications
92   Additional matters that consent authority must consider
(cf clause 66 of EP&A Regulation 1994)
(1)  For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:
(a)  in the case of a development application for the carrying out of development:
(i)  in a local government area referred to in the Table to this clause, and
(ii)  on land to which the Government Coastal Policy applies,
the provisions of that Policy,
(b)  in the case of a development application for the demolition of a building, the provisions of AS 2601,
(c)  in the case of a development application for the carrying out of development on land that is subject to a subdivision order made under Schedule 5 to the Act, the provisions of that order and of any development plan prepared for the land by a relevant authority under that Schedule,
(d)  in the case of the following development, the Dark Sky Planning Guideline:
(i)  any development on land within the local government area of Coonamble, City of Dubbo, Gilgandra or Warrumbungle Shire,
(ii)  development of a class or description included in Schedule 4A to the Act, State significant development or designated development on land less than 200 kilometres from the Siding Spring Observatory.
(2)  In this clause:
AS 2601 means the document entitled Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.
Government Coastal Policy means the publication entitled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, as published by the Government (and including any maps accompanying that publication and any amendments to those maps that are publicly notified), a copy of which may be inspected during ordinary office hours:
(a)  at any of the offices of the Department, or
(b)  at the offices of any of the councils of the local government areas listed in the Table to this clause.
Table
Ballina
Bega Valley
Bellingen
Byron
Clarence Valley
Coffs Harbour
Eurobodalla
Gosford
Great Lakes
Greater Taree
Kempsey
Kiama
Lake Macquarie
Lismore
Maitland
Manly
Nambucca
Newcastle
Pittwater
Port Macquarie–Hastings
Port Stephens
Randwick
Richmond Valley
Shellharbour
Shoalhaven
Sutherland
Tweed
Warringah
Waverley
Wollongong
Woollahra
Wyong
92A   (Repealed)
93   Fire safety and other considerations
(cf clause 66A of EP&A Regulation 1994)
(1)  This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.
(2)  In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use.
(3)  Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use.
Note.
 The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent.
(4)  Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).
(5)  The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.
94   Consent authority may require buildings to be upgraded
(cf clause 66B of EP&A Regulation 1994)
(1)  This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where:
(a)  the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or
(b)  the measures contained in the building are inadequate:
(i)  to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or
(ii)  to restrict the spread of fire from the building to other buildings nearby.
(c)    (Repealed)
(2)  In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.
(2A), (2B)    (Repealed)
(3)  The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.
94A   Fire safety and other considerations applying to erection of temporary structures
(1)  This clause applies to a development application for the erection of a temporary structure.
(2)  In determining a development application to which this clause applies, a consent authority is to take into consideration:
(a)  whether the fire protection and structural capacity of the structure will be appropriate to the proposed use of the structure, and
(b)  whether the ground or other surface on which the structure is to be erected will be sufficiently firm and level to sustain the structure while in use.
(3)  The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.
95   Deferred commencement consent
(cf clause 67 of EP&A Regulation 1994)
(1)  A “deferred commencement” consent must be clearly identified as a “deferred commencement” consent (whether by the use of that expression or by reference to section 80 (3) of the Act or otherwise).
(2)  A “deferred commencement” consent must clearly distinguish conditions concerning matters as to which the consent authority must be satisfied before the consent can operate from any other conditions.
(3)  A consent authority may specify the period within which the applicant must produce evidence to the consent authority sufficient enough to enable it to be satisfied as to those matters.
(4)  The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period.
(5)  If the applicant produces evidence in accordance with this clause, the consent authority must notify the applicant whether or not it is satisfied as to the relevant matters.
(6)  If the consent authority has not notified the applicant within the period of 28 days after the applicant’s evidence is produced to it, the consent authority is, for the purposes only of section 97 of the Act, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.
Note.
 See also section 109O of the Act and clause 161 of this Regulation.
96   Imposition of conditions—ancillary aspects of development
(cf clause 67A of EP&A Regulation 1994)
(1)  If a consent authority grants development consent subject to a condition authorised by section 80A (2) of the Act with respect to an ancillary aspect of the development, the consent authority may specify the period within which the ancillary aspect must be carried out to the satisfaction of the consent authority, or a person specified by the consent authority, as referred to in that subsection.
(2)  The applicant may produce evidence to the consent authority, or to the person specified by the consent authority for the purpose, sufficient to enable it, or the person so specified, to be satisfied in respect of the ancillary aspect of the development.
(3)  For the purposes of section 80A (3) of the Act, the relevant period is the period of 28 days after the applicant’s evidence is produced to the consent authority or a person specified by the consent authority.
97   Modification or surrender of development consent or existing use right
(cf clause 68 of EP&A Regulation 1994)
(1)  A notice of modification or surrender of a development consent or existing use right, as referred to in section 80A (5) of the Act, must include the following information:
(a)  the name and address of the person by whom the notice is given,
(b)  the address, and formal particulars of title, of the land to which the consent or right relates,
(c)  a description of the development consent or existing use right to be modified or surrendered,
(d)  particulars as to whether the consent or right is to be modified (including details of the modification) or surrendered,
(e)  if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the modification or surrender of the consent or right.
(2)  A duly signed and delivered notice of modification or surrender of a development consent or existing use right referred to in subclause (1):
(a)  takes effect when it is received by the consent authority, and
(b)  operates, according to its terms, to modify or surrender the development consent or existing use right to which it relates.
(3)  A notice of voluntary surrender of a development consent, as referred to in section 104A of the Act, is to be given to the consent authority and is to include the following information:
(a)  the name and address of the person by whom the notice is given,
(b)  the address, and formal particulars of title, of the land to which the consent relates,
(c)  a description of the development consent to be surrendered,
(d)  if the person giving the notice is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the surrender of the consent,
(e)  if development has commenced to be carried out in accordance with the consent—a statement setting out the circumstances that indicate:
(i)  that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and
(ii)  that the surrender will not have an adverse impact on any third party or the locality.
(4)  A duly signed and delivered notice of surrender of a development consent referred to in subclause (3):
(a)  takes effect when the consent authority notifies the person that:
(i)  it is satisfied that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and
(ii)  that the surrender will not have an adverse impact on any third party or the locality, and
(b)  operates, according to its terms, to surrender the consent to which it relates.
97A   Fulfilment of BASIX commitments
(1)  This clause applies to the following development:
(a)  BASIX affected development,
(b)  any BASIX optional development in relation to which a person has made a development application that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied).
(2)  For the purposes of section 80A (11) of the Act, fulfilment of the commitments listed in each relevant BASIX certificate for development to which this clause applies is a prescribed condition of any development consent for the development.
Division 8A Prescribed conditions of development consent
98   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(cf clauses 78 and 78A of EP&A Regulation 1994)
(1)  For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(a)  that the work must be carried out in accordance with the requirements of the Building Code of Australia,
(b)  in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(1A)  For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.
(2)  This clause does not apply:
(a)  to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b)  to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies.
(3)  In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant:
(a)  development consent, in the case of a temporary structure that is an entertainment venue, or
(b)  construction certificate, in every other case.
Note.
 There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues.
98A   Erection of signs
(1)  For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2)  A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a)  showing the name, address and telephone number of the principal certifying authority for the work, and
(b)  showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c)  stating that unauthorised entry to the work site is prohibited.
(3)  Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4)  This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5)  This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6)  This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note.
 Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
98B   Notification of Home Building Act 1989 requirements
(1)  For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.
(2)  Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:
(a)  in the case of work for which a principal contractor is required to be appointed:
(i)  the name and licence number of the principal contractor, and
(ii)  the name of the insurer by which the work is insured under Part 6 of that Act,
(b)  in the case of work to be done by an owner-builder:
(i)  the name of the owner-builder, and
(ii)  if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
(3)  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
(4)  This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
98C   Conditions relating to entertainment venues
For the purposes of section 80A (11) of the Act, the requirements set out in Schedule 3A are prescribed as conditions of development consent for the use of a building as an entertainment venue.
98D   Condition relating to maximum capacity signage
(1)  For the purposes of section 80A (11) of the Act, the requirement set out in subclause (2) is prescribed as a condition of development consent (including an existing development consent) for the following uses of a building, if the development consent for the use contains a condition specifying the maximum number of persons permitted in the building:
(a)  entertainment venue,
(b)  function centre,
(c)  pub,
(d)  registered club,
(e)  restaurant.
(2)  From 26 January 2010, a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building.
(3)  Words and expressions used in this clause have the same meanings as they have in the Standard Instrument.
98E   Condition relating to shoring and adequacy of adjoining property
(1)  For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a)  protect and support the building, structure or work from possible damage from the excavation, and
(b)  where necessary, underpin the building, structure or work to prevent any such damage.
(2)  The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
Division 9
99  (Repealed)
Division 10 Post-determination notifications
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 concept 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 public hearing in respect 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 or a right to make an application for a review 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 was one for which concurrence was required under Part 7 of the Biodiversity Conservation Act 2016 or under Part 7A of the Fisheries Management Act 1994, a copy of the notice of determination must be given to the Environment Agency Head or the Secretary of the Department of Industry, as the case requires.
(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.
(8)  For the purposes of section 81 (1) of the Act, a notice of the determination of a development application to which clause 19 of State Environmental Planning Policy (Three Ports) 2013 applies must also be given to the chief executive of the applicable Port Operator (within the meaning of that Policy) not later than 7 days after the determination is made.
101   Additional particulars with respect to section 94 and 94A conditions
(cf clause 69A of EP&A Regulation 1994)
(1)  The notice to an applicant concerning a development consent the subject of a section 94 condition must include the following particulars in addition to any other particulars it is required to contain:
(a)  the specific public amenity or service in respect of which the condition is imposed,
(b)  the contributions plan under which the condition is imposed,
(c)  the address of the places where a copy of the contributions plan may be inspected.
(2)  The notice to an applicant concerning a development consent the subject of a section 94A condition must include the following particulars in addition to any other particulars it is required to contain:
(a)  the contributions plan under which the condition is imposed,
(b)  the address of the places where a copy of the contributions plan may be inspected.
102   How soon must a notice of determination be sent?
(cf clause 69 of EP&A Regulation 1994)
(1)  A notice under section 81 (1) of the Act must be sent to each person to whom it is required by that subsection to be sent within 14 days after the date of the determination of the applicant’s development application.
(2)  For the purposes of section 81 (1) (c) of the Act, any person who made a submission under the Act in relation to a development application (whether or not involving designated development) is required to be notified of the consent authority’s determination of the application.
(3)  Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.
103   Notice under section 81A of the Act of appointment of principal certifying authority
(cf clause 70 of EP&A Regulation 1994)
A notice given under or for the purposes of section 81A (2) (b1) (i) or (4) (b1) (i) of the Act must contain the following information:
(a)    (Repealed)
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant development consent,
(e)  the name and address of the principal certifying authority, and of the person by whom the principal certifying authority was appointed,
(f)  if the principal certifying authority is an accredited certifier:
(i)  his, her or its accreditation number, and
(ii)    (Repealed)
(iii)  a statement signed by the accredited certifier to the effect that he, she or it consents to being appointed as principal certifying authority, and
(iv)  a telephone number on which he, she or it may be contacted for business purposes,
and, if the consent authority so requires, must be in the form approved by that authority.
103A   Notice under section 81A of the Act of critical stage inspections
A notice given under section 81A (2) (b1) (ii) of the Act must contain the following information:
(a)  the name and accreditation number of the principal certifying authority by whom the notice is given,
(b)  a telephone number on which the principal certifying authority can be contacted for business purposes,
(c)  the registered numbers of the development consent and of the construction certificate,
(d)  a description of the work to be carried out,
(e)  the address of the land at which the work is to be carried out,
(f)  a list of the critical stage inspections and other inspections required to be carried out in respect of the work.
104   Notice under section 81A of the Act of intention to commence subdivision work or erection of building
(cf clause 70 of EP&A Regulation 1994)
A notice given under or for the purposes of section 81A (2) (c) or (4) (c) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out, and
(c)  the address of the land on which the work is to be carried out, and
(d)  the registered number and date of issue of the relevant development consent,
(e)  the registered number and date of issue of the relevant construction certificate,
(f)  a statement signed by or on behalf of the principal certifying authority to the effect that all conditions of the consent that are required to be satisfied prior to the work commencing have been satisfied,
(g)  the date on which the work is intended to commence,
and, if the consent authority so requires, must be in the form approved by that authority.
105   Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
(cf clause 70A of EP&A Regulation 1994)
(1)  A notice under section 91A (6) or section 92 (7) of the Act to an approval body must be sent to the approval body within 14 days after the date of the determination of the relevant development application.
(2)  Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.
Division 11 Time within which development application procedures to be completed
106   Definitions
In this Division, assessment period means:
(a)  the period of 21 or 40 days, as the case may be, prescribed by clause 62 (1) (or the period of 50 days prescribed by clause 59 (3)) as the period within which a concurrence authority must notify its decision as to a development application relating to development that requires its concurrence, but only if that period has commenced to run, or
(b)  the period of 21 or 40 days, as the case may be, prescribed by clause 70 (1) as the period within which an approval body must notify its decision as to a development application relating to integrated development, but only if that period has commenced to run,
(c)  the period of 25 days referred to in clauses 109 (2), 110 (2) and 111 (2),
(d)  the period of 40, 60 or 90 days, as the case may be, prescribed by clause 113 (1) as the period beyond which a development application is taken to have been refused.
107   First 2 days after development application is lodged
Neither the day on which a development application is lodged with the consent authority nor the following day are to be taken into consideration in calculating the number of days in any of the assessment periods.
108   Days prior to referral of application to other bodies to be disregarded
(1)  This clause applies to a development application:
(a)  that is required to be referred to a concurrence authority, other than a concurrence authority to which, under clause 59 (2), the application is required to be forwarded within 14 days after it is lodged or
(b)  that is required to be referred to an approval body, other than an approval body to which, under clause 66 (2), the application is required to be forwarded within 14 days after it is lodged.
(2)  Any day that occurs between the date on which a development application is lodged with a consent authority and:
(a)  the date on which the consent authority forwards it to a concurrence authority or approval body, or
(b)  the date occurring at the end of the period of 14 days after the application was lodged with the consent authority,
whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
109   Days occurring while consent authority’s request for additional information remains unanswered
(1)  Any day that occurs between the date of a consent authority’s request for additional information under clause 54 and:
(a)  the date on which the information is provided to the consent authority, or
(b)  the date on which the applicant notifies, or is taken to have notified, the consent authority in writing that the information will not be provided,
whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application was lodged with the consent authority.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
110   Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
(1)  Any day that occurs between the date on which a consent authority receives a concurrence authority’s or approval body’s request for additional information under clause 60 or 67 and:
(a)  the date occurring 2 days after the date on which the consent authority refers to the concurrence authority or approval body the additional information provided by the applicant, or
(b)  the date occurring 2 days after the date on which the consent authority notifies the concurrence authority or approval body that the applicant has notified the consent authority that the additional information will not be provided,
whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application is received by the concurrence authority or approval body concerned.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
111   Days occurring during consultation under National Parks and Wildlife Act 1974
(1)  If:
(a)  development is integrated development because, or partly because, it requires consent under section 90 of the National Parks and Wildlife Act 1974, and
(b)  the Chief Executive of the Office of Environment and Heritage is of the opinion that consultation with an Aboriginal person or persons, an Aboriginal Land Council or another Aboriginal organisation concerning a relic or Aboriginal place is required before the Chief Executive can make a decision concerning the general terms of approval in relation to such a consent (including whether or not the Chief Executive will grant consent),
any day that occurs during the consultation (being a period that does not extend more than 46 days from the date on which the development application was lodged with the consent authority) is not to be taken into consideration for the purpose of calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the consultation commences within 25 days after the date on which the development application is forwarded to the Secretary of the Office of Environment and Heritage.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
112   Consent authority to notify applicant that time has ceased to run
(1)  On the occurrence of each of the following events, namely:
(a)  a request by a consent authority for additional information under clause 54,
(b)  the receipt by a consent authority of a concurrence authority’s or approval body’s request for additional information under clause 60 or 67,
(c)  the receipt by a consent authority of a notice from the Chief Executive of the Office of Environment and Heritage under clause 68,
the consent authority must notify the applicant of the effect that this Division has on the various assessment periods to which this Division relates as a consequence of those events having occurred.
(2)  If several events require notification under this clause, a single notification referring to each of those events is sufficient.
Note.
 The object of this clause is to ensure that the applicant is kept informed as to when the various deadlines imposed by this Regulation occur in relation to the processing of his or her development application and, in particular, as to when any right of appeal may arise as a consequence of a deemed refusal of the application.
113   Applications taken to be refused
(cf clause 70B of EP&A Regulation 1994)
(1)  For the purposes of section 82 (1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within the deemed refusal period, being:
(a)  40 days, except in the case of development referred to in paragraph (b) or (c), or
(b)  60 days, in the case of:
(i)  designated development, or
(ii)  integrated development (other than integrated development that, pursuant to State Environmental Planning Policy No 62—Sustainable Aquaculture, is Class 1 aquaculture development), or
(iii)  development for which the concurrence of a concurrence authority is required, or
(iv)  a development application that is accompanied by a biodiversity development assessment report and that proposes a discount in the biodiversity credits required under the report to be retired, or
(c)  90 days, in the case of State significant development.
(2)  The deemed refusal period is measured from:
(a)  the date the development application is lodged with the consent authority, or
(b)  the date the Commission complies with clause 268V (3), if a review (with or without a public hearing) has been conducted by the Planning Assessment Commission into development other than development the subject of a development application to which section 97 of the Act does not apply, or part of any such development.
(3)  In the case of designated development or other advertised development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).
(4)  If the relevant submission period for a development application for designated development is more than 30 days, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.
(5)  In the case of State significant development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).
(6)  If the relevant submission period for a development application for State significant development is more than 30 days, the Minister is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.
(7)  In the case of State significant development, any day that occurs between the date of the Secretary’s request for a written response to submissions under clause 85A and the date on which that response is provided to the Secretary is not to be taken into consideration in calculating the number of days in the deemed refusal period.
Note.
 This clause does not apply in respect of a development application if section 97 of the Act does not apply to the application.
113A   Public participation: application under section 82A of the Act for review of council’s determination
(1)  This clause applies to an application under section 82A of the Act for review by a council of its determination of a development application.
(2)  An application to which this clause applies must be notified or advertised for a period not exceeding 14 days, but otherwise in the same manner as the original development application was notified or advertised.
(3)  However, if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application, the application is to be notified or advertised in accordance with the development control plan.
(4)  The council must cause copies of the application to be given to each concurrence authority for the development to which the application relates.
(5)  The notice or advertisement referred to in subclause (2) must contain the following information:
(a)  a brief description of the original development application and the land to which it relates,
(b)  a statement that submissions concerning the application for review may be made to the council within the period referred to in section 82A (4) (b) of the Act.
(6)  For the purposes of section 82A (4) (b) of the Act, the period within which submissions may be made in relation to such an application is the period specified:
(a)  in subclause (2), except as provided by paragraph (b), or
(b)  if the council has made a development control plan specifying such a period, in the development control plan.
(7)  During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.
113B   Period after which Crown development applications may be referred to Minister or regional panel
(1)  For the purposes of section 89 (2) of the Act, the prescribed period is 70 days after the Crown development application is lodged with the consent authority.
(2)  For the purposes of section 89 (5) of the Act, the prescribed period is 50 days after the Crown development application is referred to the applicable regional panel under section 89 (2) (b) of the Act.
Division 12 Development consents—extension, completion and modification
114   What is the form for an application for extension of a development consent?
(cf clause 71 of EP&A Regulation 1994)
An application under section 95A of the Act for the extension of time to commence development:
(a)  must be in writing, and
(b)  must identify the development consent to which it relates, and
(c)  must indicate why the consent authority should extend the time.
114A   (Repealed)
115   Application for modification of development consent
(cf clause 71A of EP&A Regulation 1994)
(1)  An application for modification of a development consent under section 96 (1), (1A) or (2) or 96AA (1) of the Act must contain the following information:
(a)  the name and address of the applicant,
(b)  a description of the development to be carried out under the consent (as previously modified),
(c)  the address, and formal particulars of title, of the land on which the development is to be carried out,
(d)  a description of the proposed modification to the development consent,
(e)  a statement that indicates either:
(i)  that the modification is merely intended to correct a minor error, misdescription or miscalculation, or
(ii)  that the modification is intended to have some other effect, as specified in the statement,
(f)  a description of the expected impacts of the modification,
(g)  an undertaking to the effect that the development (as to be modified) will remain substantially the same as the development that was originally approved,
(g1)  in the case of an application that is accompanied by a biodiversity development assessment report, the reasonable steps taken to obtain the like-for-like biodiversity credits required to be retired under the report to offset the residual impacts on biodiversity values if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the Biodiversity Conservation Act 2016,
(h)  if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application (except where the application for the consent the subject of the modification was made, or could have been made, without the consent of the owner),
(i)  a statement as to whether the application is being made to the Court (under section 96) or to the consent authority (under section 96AA),
and, if the consent authority so requires, must be in the form approved by that authority.
(2)  The notification requirements of clause 49 apply in respect of an application if the consent of the owner of the land would not be required were the application an application for development consent rather than an application for the modification of such consent.
(3)  In addition, if an application for the modification of a development consent under section 96 (2) or section 96AA (1) of the Act relates to residential apartment development and the development application was required to be accompanied by a design verification from a qualified designer under clause 50 (1A), the application must be accompanied by a statement by a qualified designer.
(3A)  The statement by the qualified designer must:
(a)  verify that he or she designed, or directed the design of, the modification of the development and, if applicable, the development for which the development consent was granted, and
(b)  provide an explanation of how:
(i)  the design quality principles are addressed in the development, and
(ii)  in terms of the Apartment Design Guide, the objectives of that guide have been achieved in the development, and
(c)  verify that the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted.
(3B)  If the qualified designer who gives the design verification under subclause (3) for an application for the modification of development consent (other than in relation to State significant development) does not verify that he or she also designed, or directed the design of, the development for which the consent was granted, the consent authority must refer the application to the relevant design review panel (if any) for advice as to whether the modifications diminish or detract from the design quality, or compromise the design intent, of the development for which the consent was granted.
(4)  If an application referred to in subclause (3) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified to the extent to which they aim:
(a)  to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or
(b)  to improve the thermal performance of the building.
(5)  The consent authority may refer the proposed modification to the relevant design review panel but not if the application is for modification of a development consent for State significant development.
(6)  An application for the modification of a development consent under section 96 (1A) or (2) of the Act, if it relates to development for which the development application was required to be accompanied by a BASIX certificate or BASIX certificates, or if it relates to BASIX optional development in relation to which a person has made a development application that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied), must also be accompanied by the appropriate BASIX certificate or BASIX certificates.
(7)  The appropriate BASIX certificate for the purposes of subclause (6) is:
(a)  if the current BASIX certificate remains consistent with the proposed development, the current BASIX certificate, and
(b)  if the current BASIX certificate is no longer consistent with the proposed development, a new BASIX certificate to replace the current BASIX certificate.
(8)  An application for modification of a development consent under section 96 (1), (1A) or (2) or 96AA (1) of the Act relating to land owned by a Local Aboriginal Land Council may be made only with the consent of the New South Wales Aboriginal Land Council.
(9)  The application must be accompanied by the relevant fee prescribed under Part 15.
(10)  A development consent may not be modified by the Land and Environment Court under section 96 of the Act if an application for modification of the consent has been made to the consent authority under section 96AA of the Act and has not been withdrawn.
116   Modification of consent granted by Court
A copy of an application for the modification of a development consent granted by the Court is not to be lodged with the Court, but with the consent authority that dealt with the original development application from which that consent arose.
117   Modification of consent involving minimal environmental impact
(1)  This clause applies to an application under section 96 (1A) of the Act or under section 96AA of the Act in respect of a modification which, in the opinion of the consent authority, is of minimal environmental impact.
(2)  If an application to which this clause applies is required by a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the consent authority to which the original development application was made.
(3)  A consent authority referred to in subclause (2) must, in the case of an application under section 96AA of the Act, notify the Court of:
(a)  the manner in which the application was notified or advertised, and
(b)  any submission period required by the development control plan, and
(c)  the date (or dates) on which the application was notified or advertised.
(3A)  If an application to which this clause applies relates to a development consent that was originally granted or deemed to have been refused by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel.
(3B)  Subclauses (2)–(3A) do not apply if the application to which this clause applies is in respect of State significant development.
(4)  If a development control plan provides for a period for notification or advertising of an application, any person during that period may inspect the application and any accompanying information and make extracts from or copies of them.
118   Applications under sections 96 (2) and 96AA for modification of certain development consents
(cf clause 72A of EP&A Regulation 1994)
(1)  This clause applies to an application under section 96 (2) or 96AA (1) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following:
(a)  designated development,
(b)  State significant development,
(c)  any other advertised development where the application was made to a consent authority other than a council.
(2)  Notice of the application must be published in a local newspaper by the relevant consent authority, that is:
(a)  by the consent authority that granted the development consent, or
(b)  by the consent authority to which the original development application was made, if development consent was granted by the Court on appeal, or
(c)  by the council or councils of the area in which the development concerned is to be carried out, if the development consent was granted by a regional panel or if the development consent was granted by the Court on appeal and the original development consent was granted or was deemed to have been refused by a regional panel.
(3)  The relevant consent authority must also cause notice of the application to be given to each person who made a submission in relation to the original development application.
(4)  A consent authority referred to in subclause (2) (b) or a council referred to in subclause (2) (c) (if development consent was granted by the Court) must, in the case of an application under section 96AA of the Act, notify the Court of the date on which notice of the application is published under subclause (2).
(5)  The notice published under subclause (2) must contain the following information:
(a)  a brief description of the development consent, the land to which it relates and the details of the modification sought,
(b)  a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),
(c)  the period during which the application may be inspected at the principal office of the consent authority that publishes the notice,
(d)  a statement that, if the application is approved, there is no right of appeal to the Court by an objector.
(6)  For the purposes of sections 96 (2) (d) and 96AA (1) (d) of the Act, the period referred to in subclause (5) (c) must be a period of at least 14 days commencing on the day after which notice of the application for modification is first published in a local newspaper.
(7)  During the period referred to in subclause (5) (c), any person may inspect the application and any accompanying information and make extracts from or copies of them.
119   Public participation—applications under sections 96 (2) and 96AA for modification of other development consents
(1)  This clause applies to an application under section 96 (2) of the Act to which clause 118 does not apply or under section 96AA (1) of the Act to which clauses 117 and 118 do not apply.
(2)  An application to which this clause applies must be notified or advertised for a period not exceeding 14 days but otherwise in the same manner as the original development application was notified or advertised.
(3)  However, if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application (or has provided that such an application is not required to be notified or advertised), the application is to be notified or advertised in accordance with the development control plan.
(4)  If an application to which this clause applies is required by this clause or a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the council to which the original development application was made.
(5)  A council referred to in subclause (4) must, in the case of an application under section 96AA of the Act, notify the Court of:
(a)  the manner in which the application was notified or advertised, and
(b)  any submission period required by the development control plan, and
(c)  the date (or dates) on which the application was notified or advertised.
(5A)  If an application to which this clause applies is made about a development consent granted, or deemed to have been refused, by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel.
(6)  During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.
119A   Special provisions relating to applications under section 96 (2) relating to strategic agricultural land
(1)  This clause applies to an application to modify a development consent under section 96 (2) of the Act that relates to mining or petroleum development (within the meaning of Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007) on the following land:
(a)  land shown on the Strategic Agricultural Land Map,
(b)  any other land that is the subject of a site verification certificate.
(2)  An application to which this clause applies must be accompanied by:
(a)  in relation to land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate in respect of the proposed development to be carried out under the modified consent, or
(b)  in relation to any other land:
(i)  a current gateway certificate in respect of the proposed development to be carried out under the modified consent, or
(ii)  a site verification certificate that certifies that the land concerned is not biophysical strategic agricultural land.
(3)  For the avoidance of doubt, Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (other than Divisions 2 and 5) applies (with all necessary changes) to an application to which this clause applies as if it were an application for development consent.
(4)  For the avoidance of doubt, a site verification certificate or a gateway certificate for the purposes of this clause may be issued with respect to the part of land or the part of the proposed development to which the modification relates (rather than the whole of the land or the whole development to which the consent relates).
(5)  This clause does not apply to or with respect to an application under section 96 (2) of the Act that was made, but not determined, on or before 10 September 2012.
(5A)  In addition to subclause (5), this clause does not apply to or with respect to an application under section 96 (2) of the Act if:
(a)  the land to which the application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and
(b)  the application was made, but not determined, on or before 3 October 2013.
(5B)  However, the Minister or the Secretary, in dealing with an application referred to in subclause (5) or (5A), may seek the advice of the Gateway Panel.
(6)  In this clause, biophysical strategic agricultural land, critical industry cluster land and Strategic Agricultural Land Map have the same meanings as they have in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
120   Notification of concurrence authorities and approval bodies
(1)  As soon as practicable after receiving an application for the modification of a development consent, a consent authority must cause a copy of the application to be given to each concurrence authority and approval body for the development to which the application relates.
(2)  If an application to which this clause applies is made about a development consent granted by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to comply with subclause (1) instead of the regional panel.
121   Applications for modifications of development consents to be kept available for public inspection
(cf clause 73 of EP&A Regulation 1994)
(1)  An application for the modification of a development consent must be made available for inspection by the consent authority that published the notice of the application.
(2)  The application:
(a)  must be available at the consent authority’s principal office, free of charge, during the consent authority’s ordinary office hours, and
(b)  must be available for the period specified in the notice referred to in subclause (1).
122   Notice of determination of application to modify development consent
(cf clause 73A of EP&A Regulation 1994)
(1)  Notice in writing of the determination of an application for the modification of a development consent must be given to the applicant as soon as practicable after the determination is made.
(1A)  A notice of determination of an application granted for the modification of a development consent must include a copy of any relevant plans endorsed by the consent authority.
(2)  If the determination is made subject to conditions or by refusing the application, the notice:
(a)  must indicate the consent authority’s reasons for the imposition of the conditions or the refusal, and
(b)  must specify any right of the applicant to seek a review or make an appeal against the determination under the Act.
(3)  If an application for the modification of a development consent applies to land owned by a Local Aboriginal Land Council, notice under subclause (1) must also be given to the New South Wales Aboriginal Land Council.
122A   Effect of failure to determine modification applications
(1)  For the purposes of sections 96 (6) and 96AA (3) of the Act:
(a)  a consent authority is taken to have refused an application under section 96 or 96AA if it fails to determine the application within 40 days after the application is made, and
(b)  a later determination does not prejudice or affect the continuance or determination of an appeal made under section 97AA of the Act in respect of a determination that is taken by this clause to have been made.
(2)  If a later determination is made by granting consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under section 97AA of the Act in respect of a determination that is taken to have been made by this clause) withdrawn at any time prior to the determination of that appeal.
123   Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
(cf clause 73B of EP&A Regulation 1994)
(1)  For the purposes of section 96A (3) (a) (ii) of the Act, the Secretary of the Department of Finance, Services and Innovation is a prescribed person if the proposed revocation or modification affects:
(a)  the transfer, alteration, repair or extension of water service pipes, or
(b)  the carrying out of sanitary plumbing work, sanitary drainage work or stormwater drainage work.
(2)  The notification of the proposed revocation or modification of a consent or a complying development certificate must include the reasons for the proposed revocation or modification.
123A   Effect of amendments made by Land and Environment Court Amendment Act 2002
(1)  The Act, as in force immediately before the commencement of the Land and Environment Court Amendment Act 2002, continues to apply to and in respect of:
(a)  a review of a determination requested under section 82A of the Act, but not completed, before that commencement, and
(b)  an appeal made under section 97 of the Act, but not finally determined, before that commencement.
(2)  The Act, as in force immediately before the commencement of the Land and Environment Court Amendment Act 2002, continues to apply to and in respect of the modification of a development consent the application for which was made, but not finally determined, before that commencement.
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.
Division 12B Applications for review under Division 2 of Part 4 of the Act
123G   Review of determination of development application
A council must give written notice to an applicant of the result of a review under section 82A of the Act as soon as practicable after the review is determined.
123H   Review of decision to reject development application
(1)  An application for a review under section 82B of the Act by a council must be made not later than 14 days after the applicant is given written notice by the council of its decision to reject and not to determine the application.
(2)  A council must give written notice to the applicant of the result of a review as soon as practicable after the review is determined.
(3)  A council is taken to have refused an application for a review if it fails to determine the application within 14 days after the application is made.
123I   Review of modification decision
(1)  An application for a review under section 96AB of the Act is to be made not later than 28 days after the date on which the application for the modification of the development consent was determined.
(2)  An application must be notified or advertised:
(a)  for a period not exceeding 14 days, but otherwise in the same manner as the original application for modification was notified or advertised, or
(b)  if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application, the application is to be notified or advertised in accordance with the development control plan.
(3)  The notice or advertisement must contain the following information:
(a)  a brief description of the original modification application and the land to which it relates,
(b)  a statement that submissions concerning the application for review may be made to the council within the notification period.
(4)  Submissions may be made in relation to such an application during the notification period and during that period any person may inspect the application and any accompanying information and make extracts from or copies of them.
(5)  The council must, as soon as practicable after the review is determined, give written notice of the results of the review to:
(a)  the applicant, and
(b)  if the application applies to land owned by a Local Aboriginal Land Council—the New South Wales Aboriginal Land Council (but not if the review confirms the determination).
(6)  In this clause:
notification period means the period during which the application is required to be advertised or notified under subclause (2).
Division 13 Validity of development consents
124   What are the public notification procedures for the purposes of section 101 of the Act?
(cf clause 74 of EP&A Regulation 1994)
(1)  The granting of a development consent is publicly notified for the purposes of section 101 of the Act if:
(a)  public notice in a local newspaper is given:
(i)  by the consent authority, or
(ii)  if the consent authority is not the council, by the consent authority or the council, and
(b)  the notice describes the land and the development the subject of the development consent, and
(c)  the notice contains a statement that the development consent is available for public inspection, free of charge, during ordinary office hours:
(i)  at the consent authority’s principal office, or
(ii)  if the consent authority is not the council, at the consent authority’s office or the council’s principal office.
(2)  Nothing in this clause confers a right or entitlement to inspect, make copies of or take extracts from so much of a document that, because of section 12 (1A) of the Local Government Act 1993, a person does not have the right to inspect.
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.
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.
Note.
 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.
Division 15 Calling in development as State significant development
124E   Advice of Planning Assessment Commission
(1)  In providing its advice under section 89C (3) of the Act, the Planning Assessment Commission is to consider any general issues relating to State or regional planning significance that the Minister has requested the Commission to consider.
(2)  If the Minister considers that the advice of the Commission does not adequately address any such issue, the Minister may request the Commission to reconsider the issue.
(3)  Nothing in this clause affects the validity of any advice given or decision made under section 89C (3) of the Act.
124F   Calling in existing development applications
(1)  This clause applies to development that is declared to be State significant development by order of the Minister under section 89C (3) of the Act and which is the subject of a development application made and not finally determined before that declaration.
(2)  On making the declaration, the Minister may in writing direct the relevant consent authority:
(a)  to complete any steps in relation to the development application, and
(b)  to forward to the Minister the development application and any other relevant documents and information in relation to the development, and
(c)  to pay to the Secretary a specified proportion of any fees paid in relation to the development application, and
(d)  to notify the applicant, relevant authorities and any other persons or classes of persons specified in the direction that the Minister is now the consent authority for the development.
(3)  On the making of the declaration:
(a)  the development application is taken to be a development application for State significant development, and
(b)  any amount payable under clauses 256F–256L in relation to the development is to be reduced by the amount (if any) payable to the Secretary under subclause (2) (c), and
(c)  any steps taken by the relevant consent authority in respect of the development application are taken to be steps taken by the Secretary or the Minister in relation to the application for State significant development.
124G   Secretary’s functions with respect to proposed orders under section 89C (3) of the Act
The Secretary may exercise the following functions in relation to the making of an order under section 89C (3) of the Act declaring specified development on specified land to be State significant development:
(a)  the receipt of a request made by the proponent for the making of the proposed order,
(b)  the preparation and provision of a report to the Planning Assessment Commission to assist the Commission to advise the Minister on the State or regional planning significance of the proposed development,
(c)  consultation with councils and other relevant agencies for the purpose of preparing that report.
Division 16 Provisions relating to local planning panels exercising consent authority functions
124H   Development applications where land is in 2 or more local government areas
If a single local planning panel has been established for 2 or more councils, a separate development application for proposed development situated in the areas of more than 1 of those councils must be lodged with each council for an area in which the proposed development is situated.
124I   Procedural matters related to determination of development applications
(1)  A local planning panel may, for the purpose of determining a development application (or an application to modify a development consent):
(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 local planning panel subject to a condition referred to in section 80 (3) or 80A (2) of the Act, the 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.
124J   Procedural matters relating to determination of applications to modify consents
A local planning 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 panel.