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Environmental Planning and Assessment Regulation 2000
Current version for 15 May 2020 to date (accessed 26 May 2020 at 23:10)
100 Notice of determination
(cf clause 68A of EP&A Regulation 1994)
(1) For the purposes of section 4.18(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 4.17(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 4.17(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 8.3 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 Independent Planning 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 4.50 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 4.18(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 4.18(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.