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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 22 September 2017 at 18:01)
Part 6 Division 10
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.