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Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 23 November 2017 at 20:09)
Part 6 Division 5
Division 5 Public participation—designated development
77   Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
(cf clause 57 of EP&A Regulation 1994)
At the same time as giving public notice under section 79 (1) of the Act, the consent authority must give written notice of a development application for designated development to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of that development application.
78   What information must a written notice of designated development contain?
(cf clause 58 of EP&A Regulation 1994)
(1)  A written notice of a development application under section 79 (1) (b) of the Act must contain the following information:
(a)  a description (including the address) of the land on which the development is proposed to be carried out,
(b)  the name of the applicant and of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the proposed development is designated development,
(e)  a statement that the development application and the documents accompanying the application, including the environmental impact statement, may be inspected:
(i)  at the consent authority’s principal office, and
(ii)  at the Department’s offices (if the Minister or Secretary is not the consent authority), and
(iii)  at the council’s principal office (if the council is not the consent authority),
for a period specified in the notice during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the period specified under paragraph (e) may make written submissions to the consent authority concerning the development application, and
(ii)  if a submission is made by way of objection, the grounds of objection must be specified in the submission,
(g)  the dates of the period specified under paragraph (e),
(h)  if the proposed development is also integrated development:
(i)  a statement that the development is integrated development, and
(ii)  a statement of the approvals that are required and the relevant approval bodies for those approvals,
(i)  a statement that, unless the proposed development is development about which the Planning Assessment Commission has conducted a review, any person:
(i)  who makes a submission by way of objection, and
(ii)  who is dissatisfied with the determination of the consent authority to grant development consent,
may appeal to the Land and Environment Court,
(j)  a statement that, if the Planning Assessment Commission conducts a review, the Minister’s determination of the application is final and not subject to appeal.
(2)  The period referred to under subclause (1) (e) must include the period of 30 days commencing on the day after which notice of the development application is first published in a newspaper under section 79 (1) (d) of the Act.
79   How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
(cf clause 59 of EP&A Regulation 1994)
(1)  The notice for a development application for designated development under section 79 (1) (c) of the Act:
(a)  must be exhibited on the land to which the development application relates, and
(b)  must be displayed on a signpost or board, and
(c)  must be clear and legible, and
(d)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(e)  must contain under that heading the following matters:
(i)  a statement that the development application has been lodged,
(ii)  the name of the applicant,
(iii)  a brief description of the development application,
(iv)  notice that the development application and the relevant environmental impact statement may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in the written notice under section 79 (1) (b) of the Act, and
(f)  must, if practicable, be capable of being read from a public place.
80   How is the notice under section 79 (1) (d) published for designated development?
(cf clause 60 of EP&A Regulation 1994)
The notice for a development application for designated development under section 79 (1) (d) of the Act:
(a)  must be published on at least 2 separate occasions, and
(b)  must appear across 2 or 3 columns in the display section of the newspaper, and
(c)  must be headed in capital letters and bold type “DEVELOPMENT PROPOSAL”, and
(d)  must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.
81   Forwarding of submissions to Secretary
(cf clause 62 of EP&A Regulation 1994)
For the purposes of section 80 (9) (b) of the Act, the consent authority must, immediately after the relevant submission period, forward to the Secretary (if the Minister or the Secretary is not the consent authority) a copy of all submissions (including submissions by way of objection) received in response to the public exhibition of a development application for designated development.
Note.
 This requirement will not apply if the Secretary has waived the requirement under section 80 (10) (b) of the Act.