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Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 22 November 2017 at 20:07)
Part 6 Division 3
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(2)  This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.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).