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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 24 September 2017 at 20:09)
Part 6 Division 1 Clause 49
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.