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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.
