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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and
Assessment Amendment
(Development Consents) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
4 Consequential amendment of Environmental Planning and
Assessment Regulation 2000 2
Schedule 1 Amendment of Environmental Planning and Assessment
Act 1979 3
Schedule 2 Consequential amendment of Environmental Planning and
Assessment Regulation 2000 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Environmental Planning and
Assessment Amendment
(Development Consents) Bill 2003
Act No , 2003
An Act to amend the Environmental Planning and Assessment Act 1979 to
enable the lapsing period for consent to State significant development to be
extended in certain circumstances; to provide for voluntary surrender of
development consents; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Environmental Planning and Assessment Amendment (Development
Clause 1 Consents) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning and Assessment
Amendment (Development Consents) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Environmental Planning and Assessment Act 1979
No 203
The Environmental Planning and Assessment Act 1979 is amended
as set out in Schedule 1.
4 Consequential amendment of Environmental Planning and
Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is
amended as set out in Schedule 2.
Page 2
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979
(Section 3)
[1] Section 95 Lapsing of consent
Omit "vary" from section 95 (2). Insert instead "reduce".
[2] Section 95 (3)
Omit "variation". Insert instead "reduction".
[3] Section 95B
Insert after section 95A:
95B Extension of lapsing period for consent for State significant
development
(1) This section applies to a development consent for State
significant development that:
(a) is not subject to a condition under section 80 (5), and
(b) is to lapse 5 years after the date from which it operates
(the lapsing period).
(2) The applicant or any other person entitled to act on a
development consent to which this section applies may apply
to the consent authority for one or more extensions of the
lapsing period of up to 3 years in total. The application must
be made within 12 months before the lapsing period (or the
period as previously extended under this section) lapses.
Note. The Minister is the consent authority for State significant
development.
(3) The application must be made in accordance with the
regulations.
(4) The consent authority may grant an extension if satisfied that
the applicant has shown:
(a) that the development consent may lapse because there
is, has been or may be, delay in physically commencing
building, engineering or construction work, or use, of
all or part of the land to which the consent applies that
arises from or is related to one or more relevant legal
proceedings, and
(b) that there is otherwise good cause.
Page 3
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(5) An extension may be for a period commensurate with the
period of the delay but must not be made so as to cause the
period before the development consent lapses to be longer
than 8 years after the date from which the consent operates.
Note. See section 83 for when a consent operates.
(6) There is no appeal against the determination of an application
under this section.
(7) An extension under this section commences to run from the
later of the following:
(a) the date on which the consent would have lapsed but for
the extension,
(b) the date on which the consent authority grants the
extension.
(8) If an application for an extension is made in accordance with
this section but the consent authority does not determine the
application before the development consent lapses, the
development consent concerned does not lapse but ceases to
be effective until the date on which the applicant is notified of
the determination.
(9) In this section:
ineffective legal proceeding means a legal proceeding under
this Act or any other law of this State or the Commonwealth
(whether written or unwritten) that:
(a) has been instituted but not determined, or
(b) has been determined without the court or tribunal
granting the relief (whether in whole or in part) sought
by the person who instituted the proceeding or by the
court or tribunal concerned dismissing the proceeding.
relevant legal proceeding, in relation to land to which a
development consent applies, means an ineffective legal
proceeding:
(a) in which relief was sought with respect to work to be
carried out on, use of or any other activity on the land
or any claim or right in respect of a native title right or
interest in the land, and
(b) that was commenced, whether before or after the
commencement of this section, by a person other than
the applicant or any other person entitled to act on the
consent.
Page 4
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
[4] Section 104A
Insert after section 104:
104A Voluntary surrender of development consent
(1) A development consent may be surrendered, subject to and in
accordance with the regulations, by any person entitled to act
on the consent.
(2) A development consent may be surrendered under this section
even if, on the making of an appeal under section 97 or 98, the
consent has ceased to be, or does not become, effective as
referred to in section 83 (2).
[5] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Environmental Planning and Assessment Amendment
(Development Consents) Act 2003
[6] Schedule 6, Part 14
Insert after clause 63:
Part 14 Environmental Planning and
Assessment Amendment (Development
Consents) Act 2003
64 Lapsing of development consents for State significant
development
Section 95B, as inserted by the Environmental Planning and
Assessment Amendment (Development Consents) Act 2003,
extends to the following:
(a) any development consent granted pursuant to State
Environmental Planning Policy No 34--Major
Employment-Generating Industrial Development, or
State Environmental Planning Policy No 48--Major
Putrescible Landfill Sites, that was determined after 1
July 1998 by the operation of clause 18 or 19 of this
Schedule,
Page 5
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(b) any consent granted in response to an application for
consent to State significant development made before,
but not finally determined on, the commencement of
this clause.
65 Voluntary surrender of development consents
Section 104A, as inserted by the Environmental Planning and
Assessment Amendment (Development Consents) Act 2003,
extends to a development consent granted before the
commencement of the section.
Page 6
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Consequential amendment of Environmental Planning and Assessment Schedule 2
Regulation 2000
Schedule 2 Consequential amendment of
Environmental Planning and Assessment
Regulation 2000
(Section 4)
[1] Clause 97 Modification or surrender of development consent or
existing use right
Insert "referred to in subclause (1)" after "surrender of a development
consent or existing use right" in clause 97 (2).
[2] Clause 97 (3) and (4)
Insert after clause 97 (2):
(3) A notice of voluntary surrender of a development consent, as
referred to in section 104A of the Act, is to be given to the
consent authority and is to include the following information:
(a) the name and address of the person by whom the notice
is given,
(b) the address, and formal particulars of title, of the land to
which the consent relates,
(c) a description of the development consent to be
surrendered,
(d) if the person giving the notice is not the owner of the
land, a statement signed by the owner of the land to the
effect that the owner consents to the surrender of the
consent,
(e) if development has commenced to be carried out in
accordance with the consent--a statement setting out
the circumstances that indicate:
(i) that so much of the development as has been
carried out has been carried out in compliance
with any condition of the consent, or any
agreement with the consent authority relating to
the consent, that is relevant to that part of the
development, and
(ii) that the surrender will not have an adverse impact
on any third party or the locality.
Page 7
Environmental Planning and Assessment Amendment (Development
Consents) Bill 2003
Schedule 2 Consequential amendment of Environmental Planning and Assessment
Regulation 2000
(4) A duly signed and delivered notice of surrender of a
development consent referred to in subclause (3):
(a) takes effect when the consent authority notifies the
person that:
(i) it is satisfied that so much of the development as
has been carried out has been carried out in
compliance with any condition of the consent, or
any agreement with the consent authority relating
to the consent, that is relevant to that part of the
development, and
(ii) that the surrender will not have an adverse impact
on any third party or the locality, and
(b) operates, according to its terms, to surrender the
consent to which it relates.
[3] Clause 114A
Insert after clause 114:
114A Applications to extend lapsing period for consent for State
significant development
An application under section 95B of the Act to extend the
lapsing period for consent for State significant development:
(a) must be in writing, and
(b) must identify the development consent to which it
relates, and
(c) must show the matters referred to in section 95B (4) of
the Act.
Page 8
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