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Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 19 November 2017 at 14:05)
Part 6 Division 6
Division 6 Public participation—State significant development
82   Application of Division
This Division applies to State significant development.
83   Public exhibition period
For the purposes of section 89F (1) (a) of the Act, the minimum submission period is to be 30 days.
84   Public notice of application
(1)  For the purposes of section 89F (1) (b) of the Act, the notice of the application must be published in a local newspaper and on the website of the Department.
(2)  For the purposes of section 89F (1) (b) of the Act, the notice of the application must be given:
(a)  to such persons that appear to the Secretary to own or occupy the land adjoining the land to which the application relates (unless the notice is in respect of an application for public notification development within the meaning of clause 49), and
(b)  to such public authorities that, in the opinion of the Secretary, may have an interest in the determination of the application.
(3)  For the purposes of this clause:
(a)  if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a notice to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and
(b)  if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and
(c)  if land is owned or occupied by more than one person, a notice to one owner or one occupier is taken to be notice to all the owners and occupiers of that land.
85   Content of notice
For the purposes of section 89F (1) (b) of the Act, a notice of an application for State significant development 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)  the dates of the submission period,
(e)  a statement that the development application and the documents accompanying the application may be inspected during the submission period:
(i)  at the Department’s principal office, and
(ii)  at the council’s principal office,
during the relevant authority’s ordinary office hours,
(f)  a statement that:
(i)  any person during the submission period may make written submissions to the Minister 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)  whether the Minister has directed that a public hearing should be held.
85A   Responding to submissions
(1)  The Secretary is to provide to an applicant for State significant development the submissions, or a summary of the submissions, received in relation to the application during the submission period.
(2)  The Secretary may, by notice in writing, require the applicant to provide a written response to such issues raised in those submissions as the Secretary considers necessary.
85B   Documents to be made publicly available
For the purposes of section 89G (d) of the Act, the Secretary is to make the following documents (that relate to a development application for State significant development) available on the Department’s website and in such other locations as the Secretary determines:
(a)  the environmental assessment requirements,
(b)  the development application, including any accompanying documents or information and any amendments made to the development application,
(c)  any submissions received during the submission period and any response provided under clause 85A,
(d)  any environmental assessment report prepared by the Secretary,
(e)  any development consent or modification to a development consent,
(f)  any application made for a modification to development consent, including any accompanying documents or information,
(g)  any documents or information provided to the Secretary by the applicant in response to submissions.