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3a The New LEP Making Process and how to have your say
3a.1 Preparing LEPs
LEPs are made under Part 3 of the Environmental Planning and Assessment
Act 1979 (EP&A Act) . This is the law that empowers
councils to make LEPs and sets out the process that must be followed in
making them.
The process for making LEPs changed from 1 July 2009. This means there are
now two different processes being followed for making LEPs. The process that
applies in your area will depend on whether your council commenced making
a new draft LEP before or after 1 July 2009. 1
Generally, councils that advised the Director-General of Planning of a decision
to make a draft LEP before 1 July 2009 will follow the old process.
All other councils will follow the new process. Both processes are outlined
below and, where relevant, we will refer to both processes throughout this
fact sheet.
The new gateway process and the Standard Instrument
The new gateway process for making LEPs has been introduced at a time
when many councils are making new LEPs in line with the Standard Instrument.
The Standard Instrument is a template developed by the NSW Department
of Planning that contains standardised provisions. All councils are
required to make a new LEP implementing the Standard Instrument, which
can be adapted to their local areas. This complicates the process a
little as from 1 July 2009 all LEPs that are made to implement the Standard
Instrument must follow a new procedure as well as meet the Planning
Department's requirements regarding the content of the LEP and compliance
with the Standard Instrument.
This fact sheet will deal with the procedure for making a LEP and another
fact sheet will focus on the content of the LEP and the provisions of
the Standard Instrument.
3a.1.1 The old process for making LEPs
The LEP is proposed by a local council. Alternatively, the Minister
for Planning might order a council to prepare a LEP.
The council might carry out a local environmental study. This deals
with topics like environmental conservation, housing and settlement,
and suitable infrastructure development for industry. It allows the
council to identify and focus on important issues.
The council prepares a draft LEP, sometimes with direction from the
Department of Planning.
The council consults with relevant public authorities about the provisions
of the draft LEP and may make changes based on comments from these public
authorities.
The draft LEP is submitted to the Director-General of the Department
of Planning. If the Director-General is satisfied, a 'section 65 certificate'
will be issued allowing the draft LEP to be placed on public exhibition.
The draft LEP is placed on public exhibition for a minimum of 28 days.
The community is asked to comment on the draft LEP, along with the local
environmental study (if prepared). A public hearing may be held.
The council considers the comments made by members of the public,
and may incorporate them into the draft LEP.
The updated draft LEP may be re-exhibited but often it is just sent
directly to the Department of Planning. The Director-General prepares
a report for the Planning Minister who then decides whether or not to
approve the draft LEP. With the Minister's approval, the draft LEP becomes
law and is published in the Government Gazette.
3a.1.2 The new 'gateway' process for making LEPs
3a. The 'relevant planning authority' prepares a 'planning proposal' which
explains the intended effect of the proposed LEP and justifies the making
of the plan. 2 The relevant planning authority
will usually be a local council but the Planning Minister can appoint other
individuals or bodies as the relevant planning authority. 3
3a. The gateway stage. The planning proposal is sent to the Minister for
Planning. The Minister (or a delegate) will then decide whether the planning
proposal is to proceed. The role of the Minister is to act as a gateway or
checkpoint to ensure that the proposal is justified before further studies
are done and resources are allocated to the preparation of a plan.
The Minister will decide:
The level of community consultation required
Which State and Commonwealth authorities will be consulted
The necessity for a public hearing by the Planning Assessment Commission
or other body
The appropriate timeframes for the various stages of the proposal
The proposal is publicly exhibited. Generally, 'low impact' proposals
will be exhibited for 14 days, others for 28 days.
The public can make written submissions and may also request that
a public hearing be held.
The relevant planning authority considers the public submissions
and may vary the proposal.
Parliamentary Counsel prepares a draft LEP.
The draft LEP is submitted for approval by the Planning Minister
(or a delegate). With the Minister's approval, the plan becomes law
and is published on the NSW legislation website.
The new process
The new system is known as the 'gateway' approach to plan making. Unlike
the old process, the gateway approach allows up front refusal of obviously
inappropriate plans before resources are expended and the community
is consulted.
However there is some concern that the new process does not guarantee
public participation as the consultation requirement will no longer
be set down in the legislation but left to the Minister to decide on
a case by case basis.
Also, there is concern that the public consultation is to occur at
a point where the draft LEP itself has not even been drafted. While
engaging with the public at an early stage is encouraged, it should
not replace consultation on the final draft which may vary markedly
from what the public originally commented on at the strategic proposal
stage.
Overall, the gateway approach is more discretionary than the old system
with less of the procedure stated in the law. This places a lot of power
in the hands of one person - the Minister for Planning. It also means
that it is more difficult to challenge the LEP on the basis that the
correct procedure was not followed in making it as much of the procedure
will depend on the Minister's discretion.
Legal challenges are covered later in this fact sheet. It is worth keeping
in mind from the outset that challenges can focus only on the process
followed and there is no requirement for the makers of the LEP to consider
future environmental, social or economic ramifications of the provisions
of the LEP.
3a.2 Commenting on the draft LEP or planning proposal
3a.2.1 Why is it important to comment on the draft LEP of planning proposal?
LEPs are a blueprint for future development and conservation in a given
area. They are strategic planning documents that outline acceptable and unacceptable
uses for different parcels of land within a Local Government Area.
Because they will guide development well into the future, it is important
that LEPs achieve an appropriate mix of development and conservation and
provide for appropriate development in suitable locations.
If a piece of land is inappropriately zoned under a LEP, unsuitable types
of development may be approved in the zone with potentially dire consequences
for the natural environment and the amenity of the area, as well as adverse
social and economic impacts.
Local knowledge is important when producing workable LEPs and the public
has an important role to play in commenting on and contributing to the draft
LEP.
Furthermore, it can be better to get involved in the decision-making process
at the strategic planning stage rather than the development assessment stage.
It can be difficult to challenge a council's decision to approve a particular
development if that development is allowed in the zone. It is more effective
to attempt to influence what sorts of developments are allowed in the zone
from the outset and this can only be achieved through commenting on the draft
LEP. Now that all councils are remaking their LEPs in line with the Standard
Instrument, you have a unique opportunity to help shape the future direction
of your Local Government Area.
3a.2.2 When can the Minister appoint someone other than the council as
the relevant planning authority?
The Minister can appoint the Director-General as the relevant planning authority
in a number of circumstances. 4 The most
likely are where:
The Minister believes the proposed LEP relates to a matter that is
of State or regional environmental planning significance, 5or
The Minister believes the council has failed to comply with its obligations
with respect to the making of the proposed LEP or has not carried out
those obligations in a satisfactory manner. 6
Also, the Minister can appoint a planning administrator, a planning assessment
panel or a joint regional planning panel (or all of them) to exercise the
functions of a council (including the function of preparing a draft LEP)
if:
The Minister believes that the council has failed to comply with
its obligations under the planning legislation,
The Minister believes that the council's performance with regards
to planning and development matters is unsatisfactory in some respect
(such as delays in dealing with those matters),
The council agrees to the appointment, or
A report by the Independent Commission Against Corruption recommends
such an appointment due to serious corrupt conduct by any of the councillors
in connection with the exercise of their functions.
3a.2.3 What will the planning proposal contain?
The planning proposal must contain:
A statement of objectives and intended outcomes of the proposal
An explanation of the provisions of the proposal
A justification of the objectives and outcomes, including how this
is to be implemented
Maps containing the appropriate detail, including land-use zones,
heritage areas and flood prone areas
Details of the community consultation that will be undertaken
The Director-General may also issue requirements with respect to the preparation
of a planning proposal. These requirements may vary on a case by case basis.
If you want to check to see if the Director-General has issued any extra
requirements, they should be on the Department of Planning website in due
course.
3a.2.4 Does an environmental study have to be prepared?
It depends on which process is being followed.
Old process
Before the EP&A Act was amended it stated that:
Where a council decides to prepare a draft local
environmental plan or is directed to do so by the Minister under section
55, it shall prepare an environmental study of the land to which the
draft local environmental plan is intended to apply. 8
However, where a LEP is being amended, this requirement does not apply unless
the Director-General directs that it does. 9 There
is some doubt as to whether the process councils follow in implementing the
Standard Instrument constitutes an amendment to a current LEP or the creation
of a wholly new one.
In the case Falkiner v Director-General of Planning NSW 10the
applicant argued that it was necessary to do an environmental study because
the new LEP in that case was more extensive than the previous one completed
some years before. The Court confirmed that the Director-General has discretion
to require an environmental study and stated:
"It may be that there is a point where an amendment
so substantially changes an LEP that there may be an argument available
that the Director-General has an obligation to reconsider if an environmental
study is necessary, but that is not the fact in this case".
Whether an environmental study is required under the old system will therefore
depend on the facts and whether the new LEP substantially differs from the
previous one. This will obviously depend on each draft LEP.
If a council does prepare an environmental study the study should cover
the land over which the draft LEP is intended to apply. 11 The
Director-General of the Department of Planning will inform the council of
any specifications relating to the form, content and preparation of the study.
Other than addressing these specifications (if any) the council decides what
matters the environmental study should cover. 12
Gateway process
After preparing a draft planning proposal, the planning authority will submit
the proposal to the Planning Minister for 'gateway determination'. This is
where the Minister decides whether the planning proposal can proceed to the
next stage. At this time, the Minister can send the planning proposal back
to the planning authority for further revision or for further studies. 13 At
this stage, the Planning Minister could require an environmental study to
be undertaken but that is at the discretion of the Minister and is not guaranteed.
3a.2.5 Does the council have to consult with anyone when preparing the
draft LEP and/or environmental study?
Old process
When preparing a draft LEP or an environmental study, the council must consult
with:
Any public authorities that the council thinks may be affected by
the draft LEP; and
Neighbouring councils if the area covered by the draft LEP borders
on another council area.
Public authorities that must be consulted include both Commonwealth and
State authorities. The Roads and Traffic Authority is an example of a public
authority that might be consulted.
The purpose of consulting with public authorities is to ensure the draft
LEP takes account of any plans that these authorities may have to undertake
works or activities in the council area.
In addition to relevant public authorities and other councils, the council
can consult with anyone it decides to. This might include you or your organisation.
Gateway process
At the 'gateway determination' stage the Minister decides whether the planning
authority should consult with State or Commonwealth public authorities that
will or may be adversely affected by the proposed instrument. 14 This
means that the question as to whether the planning authority needs to consult
State or Commonwealth authorities will be decided by the Planning Minister
on a case by case basis.
3a.2.6 Does the community need to be consulted and how will I know that
the Draft LEP is on public exhibition?
Old process
Council must notify the public about the draft LEP and explain how the public
can access and inspect it. It is open to council to decide how it gives public
notice of the draft LEP and also how the draft LEP will be made available
to the public. However, council must give the following information
The place/s where the draft LEP can be inspected by the public; and
The times during which the draft LEP can be inspected by the pubic.
Most councils give notice via letters to residents and announcements in
local newspapers. Public notice of the draft LEP must be given before or
at the same time as the exhibition stage commences. 15
Gateway process
At the 'gateway determination' stage, the Minister decides the community
consultation requirements. 16 Community
consultation requirements will therefore be determined on a case by case
basis and in some cases the Minister may even decide that the community does
not need to be consulted. 17
The EP&A Act says that the Minister can publish standard community consultation
requirements in the Regulations but so far nothing has been published. 18
Where the Minister sets community consultation requirements the planning
authority must consult the community in accordance with those requirements. 19
The planning proposal must be made publicly available during the period
of community consultation. 20 There are
no regulations specifying how the planning proposal should be made publicly
available.
During the period of community consultation, any person may make a written
submission to the relevant planning authority concerning the planning proposal. 21
3a.2.7 What documents have to be exhibited?
Old process
Other than the draft LEP itself, the documents that must be exhibited include: 22
A copy of the environmental study (if there is one);
A copy of any:
standard instrument
environmental planning instrument, or
direction under section 117
that substantially governs the content and operation of the draft LEP;
A statement to the effect that any such standard instrument, environmental
planning instrument or direction substantially governs the content and
operation of the draft local environmental plan and that any submissions
should be made having regard to that fact; and
Any other matter that the council considers appropriate or necessary
to better enable the draft plan and its implications to be understood.
Gateway process
The whole planning proposal does not need to be exhibited. Detailed provisions
may be summarised instead of being set out in full if the Director-General
is satisfied that the summary provides sufficient details for community consultation. 23
3a.2.8 How long will the draft LEP or planning proposal be on exhibition?
Old process
The draft LEP will be on public exhibition for at least 28 days. 24 During
this time the public can make submissions commenting on the provisions in
the draft LEP. There are no restrictions on when the public exhibition stage
commences so it is possible for the council to exhibit the draft LEP over
a busy holiday period when people are less likely to be concerned with writing
submissions.
However, if you feel there is not enough time to write a submission or if
the draft LEP is exhibited during a busy period for your area, you can always
ask the council to extend the exhibition period. There is no legal basis
for such a request and council does not have to grant you an extension but
it may be worth asking.
Gateway process
The gateway process does not set out a minimum time during which the planning
proposal must be publicly exhibited. The Minister will determine the timeframe
at the gateway stage. It will therefore vary according to what the Minister
thinks is a reasonable exhibition period in the circumstances.
This means that, unlike the old system, there is no guaranteed minimum period
during which the planning proposal must be exhibited and the Minister might
decide that exhibition is not required at all.
3a.2.9 How do I have my say?
Old process
During the exhibition period any person can make a written submission to
council in respect of a draft LEP. 25 Your
submission may support or object to particular provisions in the LEP. For
tips on how to write an effective submission, see fact sheet 10.1.
Also, any person who makes a written submission can request a public hearing
to discuss the issues raised in a submission. The council does not have to
grant this request unless it believes that the issues raised in the submission
are significant enough to warrant a hearing to help the council decide how
to respond to the issues raised. 26
A council that decides to hold a public hearing must give public notice
of the hearing in a local newspaper and in a letter sent to each person who
requested a public hearing when making a submission on the draft LEP. 27
The notice must contain details of the public hearing and must be sent or
published at least 21 days before the start of the public hearing. 28
More than one public hearing may be held in respect of any submission and
there is no limit on how many hearings can be held in respect of any one
submission. 29
If you attend a public hearing you may or may not have an opportunity to
speak. It depends on how many people attend.
The council must prepare a report of the public hearing and make it available
to the public. 30
Gateway process
Any person can make a written submission during the community consultation
stage. Submissions should be made to the relevant planning authority. Submissions
should respond to the provisions of the planning proposal but it is important
to note that where the planning proposal is implementing the Standard Instrument,
it is not possible to object to provisions that implement a mandatory provision
of the Standard Instrument. See fact sheet 2.1.3b for more information on
the Standard Instrument. 31
A person making a submission can request a public hearing on the issues
raised in the submission. The relevant planning authority should grant this
request if it believes that the issues raised in the submission are significant
enough to warrant a hearing. 32
The relevant planning authority may arrange a public hearing on any issue
whether or not a person has made a submission concerning the matter. 33
A report of the public hearing is to be given to the relevant planning authority
but does not have to be made public. 34
It is important to note that you can only make submissions during the community
consultation stage and if the Minister decides that the exhibition period
is to be brief you will only have a short period of time in which to lodge
your submission.
3a.2.10 What impact will my submission have?
Old process
The council must consider all the written submissions it receives and the
report from the public hearing (if there is one).
The council can alter the draft LEP to implement ideas raised in submissions
or at the public hearing. 35 There is
no guarantee that the council will do this but many councils do so. The alterations
do not necessarily need to be made in response to submissions though. 36
If the council does alter the draft LEP it can choose to re-exhibit the
draft (or just the altered part of it). This would involve giving public
notice again. However, the council does not have to re-exhibit the draft
LEP after it is altered. 37
Gateway process
The relevant planning authority can vary the planning proposal after considering
the public submissions or report from a public hearing. 38 If
the relevant planning authority does vary the planning proposal, it has to
forward the revised planning proposal to the Planning Minister. 39
Further community consultation on the revised planning proposal is not required
unless the Minister says so. 40
In addition to altering the planning proposal, the relevant planning authority
may also, at any time, request the Minister to determine that the planning
proposal should not proceed. 41
3a.2.11 How does the draft LEP or planning proposal get final approval?
Old process
Once the council is satisfied with the draft LEP it sends the draft along
with all supporting documents to the Director-General of the Department of
Planning.
Supporting documents include:
Details of all submissions;
The report of any public hearing;
The reasons for any alterations made to the plan after the closure
of the exhibition period; and
A statement:
declaring that the council has complied with the public consultation
provisions of the EP&A Act; and
outlining the other environmental planning instruments (such as SEPPs)
and section 117 Ministerial directions that have been considered in
making the draft LEP and detailing any inconsistency between the draft
LEP and those instruments or directions.
The Director-General and council might agree to change the draft LEP further
or the Director-General might return the draft LEP to council and direct
council to make changes. 42 Either way,
the draft LEP (as altered) does not need to be re-exhibited to the public
to allow the public to comment on the changes. This means that the LEP that
gets approved may be substantially different to the draft LEP that the public
commented on at the exhibition stage.
Once the Director-General is satisfied with the draft and believes that
it has been prepared in accordance with the Standard Instrument 43he
or she prepares a report to the Minister which sets out information such
as:
Whether the draft LEP submitted is inconsistent with any relevant
SEPP or relevant direction under section 117;
If there is such an inconsistency-whether the inconsistency is justifiable
in the circumstances;
Whether the provisions relating to public involvement in the preparation
of the draft LEP have been complied with;
The relationship between the draft LEP, and other proposed and any
existing environmental planning instruments, and any relevant directions
under section 117, applying to the land to which the draft LEP applies:
and
Such other matters (if any) relating to the draft LEP as the Director-General
thinks appropriate. 44
The Minister then decides whether or not to make the draft LEP an LEP.
Gateway process
Once the relevant planning authority has finalised the planning proposal,
the Director-General arranges for a local environmental plan to be drafted
that will give effect to the planning proposal. The Director-General will
consult with the relevant planning authority on the terms of the local environmental
plan. 45
The Minister (or the Minister's delegate) will then either:
make a local environmental plan (with or without variation of the
proposals submitted by the relevant planning authority) in the terms
the Minister (or delegate) considers appropriate, or
decide not to make the proposed local environmental plan. 46
Once the LEP is drafted there is no further opportunity for public comment
so the new LEP may vary substantially from the planning proposal that was
exhibited to the public.
3a.3 Relevant Planning Authorities
There are a number of individuals and bodies that can be nominated by the
Minister for Planning as the 'relevant planning authority' for the purpose
of making a LEP.
Sometimes the Minister for Planning will delegate the task of preparing
a draft LEP or planning proposal to a planning assessment panel, a planning
administrator or a regional panel. During the period of appointment, the
planning administrator, planning assessment panel or joint regional planning
panel is taken to be the council in the exercise of the functions that are
allocated to it. 47
Planning Assessment Panels
These are statutory bodies. 48
A planning assessment panel can exercise all functions of councils. They
can act as a consent authority (approving or rejecting development applications)
and they can make LEPs and other planning instruments. 49
For example, the Planning Minister appointed the Ku-ring-gai Planning Panel
as a planning assessment panel in 2007 and gave it the power to make LEPs.
One of the reasons the Minister gave for appointing the planning assessment
panel was that the council was taking too long to make a draft LEP.
Each planning assessment panel will have different terms of reference and
functions which are set out in the Order creating it. The Order commences
once it is published in the NSW Government Gazette.
A planning assessment panel is made up of 3-5 people appointed by the Minister
for Planning. 50 The members must have
relevant skills and knowledge in planning and development matters. 51
The council continues to operate as normal when a planning assessment panel
is created. The planning assessment panel only takes on some of the functions
of council and can only make decisions in regards to those functions that
have been delegated to it. All other functions continue to be performed by
the elected council as normal but that council cannot perform the functions
that are allocated to the planning assessment panel.
Planning administrators
When a planning administrator is appointed, he or she can exercise all of
the functions of council. 52 However,
the Minister may limit the functions that can be exercised by the planning
administrator.
Joint Regional Planning Panel
A joint regional planning panel is a statutory body representing the Crown. 53A
joint regional planning panel can exercise a number of the functions of councils.
They can act as a consent authority (approving or rejecting development applications)
and they can make LEPs and other planning instruments. 54
3a.4 Challenging the legality of LEPs
3a.4.1 Can I challenge a LEP in Court?
Yes. However, the grounds upon which you can challenge a LEP are limited
to challenging the validity of the LEP in judicial review proceedings.
This is where the Court looks to see whether the LEP has been validly made
and particularly whether the correct process has been followed. That is why
it is important for you to understand the plan making process.
Such proceeding can be commenced by any person but must be commenced within
3 months of the new LEP being published on the NSW legislation website. 55
Finding the LEP
All environmental planning instruments, including all LEPs are published
on the NSW legislation website. To access the website go to http://www.legislation.nsw.gov.au/
Once you are on the site, click on BROWSE from the top menu. You will
then be able to choose between browsing Acts, Regulations or EPIs. They
are organised alphabetically. The LEP for your area will be located under
the relevant letter in EPIs. So if you are searching for the Dubbo LEP,
you must select 'D' under the EPI list.
You cannot challenge the merits of the LEP, which means you cannot argue
that provisions in the LEP amount to bad planning decisions.
Also, you cannot challenge a LEP based on a failure to comply with a s.117
Ministerial Direction. Ministerial Directions are issued by the Planning
Minister from time to time. They relate to a range of matters, and a number
of them relate to the making of LEPs. Councils are supposed to obey Ministerial
Directions but a failure to do so does not give rise to a right for the public
to commence legal proceedings. 56
Importantly, you cannot challenge a LEP because it may lead to harm to the
environment. There is no legal requirement for the body making the LEP to
take into account the long-term environmental, social or economic impacts
of the LEP on the area. For example, there is no obligation for that body
to apply (or even consider) the principles of ecologically sustainable development
or to consider the potential environmental, social or economic impacts of
the LEP provisions. It is therefore not possible to challenge a LEP on the
grounds that the makers failed to consider these factors when making it.
It is, however, sometimes possible to challenge decisions to approve specific
developments on the grounds that these factors have not been taken into account
by the decision-maker.
Legal challenges are heard by the Land and Environment Court of NSW.
3a.4.2 On what grounds is it possible to challenge a LEP in Court?
It may be possible to challenge the council's (or planning panel's) decision
to submit the draft LEP to the Director-General 57 or
the Minister's decision to make the LEP. 58 Such
challenges have been brought under the EP&A Act prior to the introduction
of the new gateway process. With regards to the gateway process it might
be possible to challenge the Minister's decision to allow the planning proposal
through the 'gateway' in the first place. This remains to be seen.
Both these challenges are judicial review proceedings but there are limited
grounds upon which such challenges can be based. A key ground of review would
be a failure to follow the proper process and procedure when making the LEP.
The gateway process is less prescriptive than the old process and relies
more on Ministerial discretion. Because so many provisions are determined
by the Minister on a case by case basis, it can be difficult to show that
the proper process and procedure has not been followed.
It is not the purpose of this fact sheet to go into the evidence that would
be necessary to prove judicial review proceedings or the likelihood of a
legal challenge succeeding. Seek legal advice from the EDO or another solicitor
before you commence a legal challenge.
3a.4.3 Outcome of judicial review proceedings
It is important to note that a successful legal challenge to a LEP does
not guarantee a better outcome in the long run. The Court can set aside a
LEP that has been improperly made but that simply leaves the council (or
panel) to make another draft LEP or planning proposal, this time following
the correct procedures and that draft LEP can be exactly the same as the
one just set aside.
Also, even if you are successful in Court, the Court has discretion when
it comes to deciding what course of action is appropriate in the circumstances.
It can set aside the LEP but it can also elect to leave it as it is. The
Court will weigh a number of factors in deciding how to exercise its discretion
when making orders. 59
3a.4.4 Cost of judicial review proceedings
If you challenge a LEP and are unsuccessful you may have costs awarded against
you. This means that in addition to paying your own legal fees you may have
to pay those of the other side. Such costs can be substantial so it is important
to seek legal advice before you challenge the validity of a LEP.
The former LEP plan-making provisions continue to apply to the making
of LEPs lodged with the Director-General before 1 July 2009 unless the
Director-General notifies the council that those provisions cease to
apply. See EP&A Regulation 2000, cl. 12(2).
EP&A Act 1979, s. 55(1).
EP&A act 1979, s. 54(1).
EP&A Act 1979, s. 55(2)
EP&A Act 1979, s. 55(2)(a).
EP&A Act 1979, s. 55(2)(d).
EP&A Act 1979, s. 118 (1). The Minister appoints the
planning administrator or planning assessment panel by publishing an
order in the NSW Government Gazette. See EP&A Act 1979, s.
118 (7). The Minister must notify the affected council in writing of
the proposal to appoint an administrator or panel and give resons for
the decision. See EP&A act 1979, s. 118(7B). The Minister
for Local Government must also be consulted and agree to the proposal.
See EP&A Act 1979, s. 118 (8).
EP&A Act 1979 , s.57(1). Note, this section has now been
amended and does not appear in the EP&A Act. It is a reference to
a provision before the July 1 amendments took effect.
EP&A Act 1979 , s.74(2)(b). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
[2002] NSWLEC 159
EP&A Act 1979, s. 57 (1). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 57 (4). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 56(2)(b).
EP&A Act 1979, s. 56(2)(d).
EP&A Regulation 2000, cl. 12. Note, this section has
now been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 56(2)(c).
EP&A Act 1979, s. 56(3). For example, the Minister may
decide that amending planning instrument does not warrant community
consultation because it will not have any significant adverse impact
on the environment or adjoining land. See EP&A Act 1979, s.
73A.
EP&A Act 1979, s. 56(4).
EP&A Act 1979, s. 57(1)
EP&A Act 1979, s. 57(2)
EP&A Act 1979, s. 57(3)
P&A Act 1979, s 66 (1) (b). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 57(2)
P& A Regulation 2000, cl. 13. Note, this section has
now been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 67. Note, this section has now been
amended and does not appear in the EP&A Act. It is a reference to
a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 68 (1) (b)
EP&A Regulation 2000, cl. 14 (1).
EP&A Regulation 2000, cl. 14 (2).
EP&A Act 1979, s. 68 (7).
EP&A Act 1979, s. 68 (2).
EP&A Act 1979, s. 57 (3).
EP&A Act 1979, s. 57 (5).
EP&A Act 1979, s. 57 (6).
EP&A Act 1979, s. 57 (7).
EP&A Act 1979, s. 68 (3). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 68 (3A). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 68 (3B). Note, this section has now
been amended and does not appear in the EP&A Act. It is a reference
to a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 58(1).
EP&A Act 1979, s. 58(2).
EP&A Act 1979, s. 58(3). Note, this section has now been
amended and does not appear in the EP&A Act. It is a reference to
a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 58(4).
EP&A Act 1979, s. 68 (9).
EP&A Act 1979, s. 69(2). Note, this section has now been
amended and does not appear in the EP&A Act. It is a reference to
a provision before the July 1 amendments took effect.
EP&A Act 1979, s. 69(1). Note, this section has now been
amended and does not appear in the EP&A Act. It is a reference to
a provision before the July 1 amendments took effect.
