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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 December 2019 to date (accessed 26 February 2020 at 12:52)
Part 6 Division 15
Division 15 Calling in development as State significant development
124E   Advice of Independent Planning Commission
(1)  In providing its advice under section 4.36(3) of the Act, the Independent Planning 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 4.36(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 4.36(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 Planning 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 Planning 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 Planning Secretary or the Minister in relation to the application for State significant development.
124G   Planning Secretary’s functions with respect to proposed orders under section 4.36(3) of the Act
The Planning Secretary may exercise the following functions in relation to the making of an order under section 4.36(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 Independent Planning 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.